Ezewin Technology Private Limited) ([GST Number:36AAHCE8347G1ZE] (hereinafter referred to as Ezewin) having registered office at Hyderabad, and app for conducting quiz and other competitions. The competition so organized shall be in the form of a Digital Content question/audio/visual quiz and the registered members would be called upon choose the right answer in the fastest time. Ezewin shall reward the first ten members who have answered the question / quiz correctly within the shortest period of time. There shall be only one question in the quiz competition. The platform is operated through a mobile application operable on both iOS and Android. The users / members shall register for the quiz on paying a nominal fee. The users can play the quiz for any number of times. Only Indian Citizens with valid ID Proof and Bank Accounts (KYC details) are eligible to participate in the competitions.
The use by the members / users of the Ezewin platform is bound by the certain terms and conditions which are listed below. The said terms & conditions mentioned below is legally binding and enforceable between Ezewin and users. The user agrees that by availing the services through mobile application / website and by enrolling in the services offered by the Ezewin, the users are voluntarily accepting to be bound by the below terms and conditions.
Ezewin reserves and is entitled to modify or change these Terms & Conditions / Privacy Policy or any other policy or guideline of their mobile application at any time and in its sole discretion. Any change in these Terms & Conditions / Privacy Policy or any other policy or guideline will be effective immediately upon posting the modified policies on the mobile application. The continued use of the mobile application / website / platform will confirm your acceptance of such changes or modifications.
The below mentioned Terms and Conditions are in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
2. Services
Ezewin is an online platform for conducting quiz competitions. The quiz competitions so organized shall be in the form of a Digital question/audio/visual quiz and the users shall choose the right answer in the fastest time. Ezewin shall reward the first ten users who have answered the question right within the shortest period of time. There shall be only one question in the quiz. The users are not allowed to misuse the services in any manner.
You hereby agree that the relation between you and Ezewin are governed according to the terms and conditions provided herein.
The user agrees to use the services provided legally and as permitted by law. Ezewin does not provide any warranty as to the results or rate of success to the users. The user agrees that there are no refunds or cancellations once payment has been processed. Any personal information shared by the user outside of the scope of this Agreement shall not hold Ezewin liable in any manner.
The user agrees that Ezewin shall not be liable for any disruption or operational issues of internet or mobile Application settings. The user agrees to review the Terms and conditions regularly and their continued access or use of the platform/ mobile application will mean that the user agrees to and abide by the updated Terms & Conditions.
3. Registration Process
The user of Ezewin is required to register an account in the website/Mobile Application after providing the relevant details asked.
The user undertakes to provide accurate information such as name, address, phone number and email address to ensure the users are able to take full advantage of the quiz contest. You agree that you are of an age which makes you eligible to enter into valid contracts under the Indian Contracts Act, 1872. The user agrees that Ezewin will not be liable for any incorrect information provided by you. The user undertakes to notify and inform Ezewin of any change in the information provided by you. The user agrees that the information so provided is correct and Ezewin does not have any means to verify the same. The user undertakes that any change in the primary information provided by them is duly notified to Ezewin when re-entering the contest. However, Ezewin shall routinely monitor your account to check for any fraudulent activities. You also undertake and agree that Ezewin shall not be liable in any manner for the illegality or misrepresentation of any information / details that has been provided by you.
The user undertakes to create the account on payment of the requisite entry fee as mentioned in the platform.
Once the registration is complete, the eligible user is able to participate in the competition.
4. Representation by the User
To access the services of the platform, you must create an Account by completing the registration process.
By registering to avail the services you represent that:
- you are over 18 years of age and;
- The information which is provided by you is true and that you have not misrepresented any information.
You expressly agree and undertake the account may be suspended by Ezewin in the event that the information so provided is false or is deemed to be untrue, misrepresented, inaccurate or fraudulent. Please note that it is your responsibility to keep your user name and password safe. Ezewin shall not be responsible for unauthorized access to or alteration of your data. Ezewin shall not be responsible for any wrong information entered in respect of user particulars. The username and password are personal to the user and under no circumstances you may allow any other person to use your username and/or password. Ezewin shall not be liable for any harm caused or related to the theft or misappropriation of your personal as well as business details, including username and/or password, disclosure of your username and/or password / phone number / email address /bank details or any other personal information, or your authorization of anyone else to use your username and/or password.
Once the payment is made towards registration fee for playing the quiz, the user understands and agrees that no refund or cancellation shall be made at any cost. Ezewin shall not take any liability for non-participation of the users after payment including but not limited to loss of internet connectivity or mishaps in the functioning of the applications or loss of electricity leading to circumstances beyond the users and Ezewin control.
Responsibilities of the users
The user undertakes to follow all the conditions laid down by Ezewin prior to using of the Application and participating in the quiz. Only one question is allowed per user for a single payment. Ezewin assures that there is no restriction on the number of times the users can attempt to win the contest.
The user shall take utmost care to ensure that they do not violate the terms and conditions of Ezewin.
The user undertakes that any third-party sites visited by them through the Ezewin website is beyond the control of Ezewin and Ezewin shall not be liable for any such violations made by the user.
You undertake not to use the mobile application or any material for any purpose other than what is specifically mentioned herein. You further undertake not to commit anything that is unlawful, illegal or prohibited or other activity which infringes the rights / Intellectual Property Right of Ezewin or any other third parties.
5. Confidentiality and User Personal Data.
The user shall provide Ezewin with data as required on the platform and Ezewin shall collect the same and use it for the purposes intended under the Terms and conditions. Ezewin shall collect such data via cookies to provide a personalized experience to the users, including suggestions containing various products affiliated to Ezewin or otherwise. Such information so collected and the necessary data shared to third parties are to ensure a seamless experience to the users.
The user agrees that consumer information or any other information relating to use of the services may contain confidential and personal information. The user agrees and undertakes that all the Confidential or personal Information will remain the sole property of Ezewin.
The user acknowledges and agrees that while Ezewin takes utmost precautions and reasonable care, in very rare instances, security protocols could fail, causing a breach of privacy of personal information. In the unfortunate event of any content of our digital platform store is defamatory, obscene, pornographic illegal or blasphemous, racist or harassing, kindly notify us immediately and we shall take reasonable endeavors to take down the objectionable content within a reasonable time.
6. Allotment of prizes
Ezewin shall conduct the quiz at a frequency of once a week. The users after registering by providing the relevant information shall be permitted to participate in the contest. One question shall be shown on the screen which could be in the form of a question, audio or visual presentation and the user is required to answer them at the earliest possible time.
The name of all the winners shall be displayed in the hall of fame on the website from time to time after announcement of winners.
The user agrees that the judgment and decision of Ezewin is final and shall not be put to any further reconsideration. Ezewin shall ensure no malpractice is followed while providing the results. In the event of a tie among players, the decision of Ezewin and its software is final and the user agrees not to hold Ezewin responsible for any anomalies.
The users in the event of winning the contest, shall be required to provide their Bank details to which the prize money would be credited. The users agree to provide the relevant KYC information like Aadhaar Card and PAN card details to ensure the money is deposited in the appropriate account.
Once KYC has been verified, users shall be contacted by Ezewin for their Bank details. The Prize Money shall be deposited to the winners’ accounts after TDS deduction within 23 working days.
7. Return & Refund
The user understands and acknowledges that no request for cancellations or refunds shall be entertained.
8. Intellectual Property
The user undertakes that using Ezewin Services does not give them ownership of any intellectual property rights in their Services or the contents they access. The Contents of the Application and all other intellectual properties used in the mobile application are owned by Ezewin or authorized third parties. The Trademarks / Logo / Label and all other Intellectual Properties apart from the products owned by third parties belong to Ezewin. By allowing access to the user or any third party does not convey any ownership rights. The user shall not copy, modify, translate, distribute, reproduce or reverse engineer any content.
9. Indemnification
The user agrees to defend, indemnify and hold harmless Ezewin and any of their respective officers, Executives, directors, employees, agents and representatives from any and all claims arising out of your breach of any of these terms and conditions. The indemnification obligation under these Terms & Conditions will survive the termination of your account or use of the mobile application / Platform. The user agrees not to copy, modify, reverse engineer, decompile, disassemble, create derivative works of the Software nor attempt to locate or obtain its source code.
The user agrees that at certain times if there are any technical glitches involving the payment of fee therein, Ezewin cannot be held responsible. It is the responsibility of the user and the concerned payment gateway.
Further, the user agrees to hold Ezewin harmless against any claims made by any third party in respect of the user’s access of the mobile application /platform, any claim that your material caused damage to a third party, your violation of the Terms, or the violation of any rights of another, including any intellectual property rights.
10. Relationship
Subject to the Terms and Conditions mentioned herein, the user understands that once opting to participate in the contest, the user is entering into a legally binding Agreement. The user agrees and undertakes that nothing in these Terms and Conditions or any other related Agreement will create any joint venture, partnership, principal – agent relationship, franchise, sales representative, or employment relationship between Ezewin and the user. Nothing expressed or mentioned in or implied in Terms and Conditions or any other related Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement.
11. Warranty and liabilities:
The user agrees and undertakes that the mobile application / platform does not provide any warranty implied or otherwise. Ezewin also disclaims any liability in respect of misuse, loss, modification or unavailability of any user content. The user understands and agrees that any data downloaded/ obtained through the mobile application, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
12. Termination:
These Terms and conditions will commence on the date when the user registers on the platform of Ezewin. The same shall continue to subsist until the termination of this agreement by both the parties.
this arrangement, they may not visit / download the mobile application or close all the services where available to do so. The user agrees that Ezewin is at free will to terminate your account in the event of any breach of the terms of this Privacy Policy, or the services previously provided by us is no longer available.
13. Amendments:
The user agrees that these Terms and conditions can be modified without any requirement to notify the user of the same. The last updated ‘terms and conditions’ shall always be updated in the mobile application / platform along with the last updated date. It is the users’ responsibility to check for updates and accept the same. The acceptance of the amended Terms and Conditions shall indicate the user’s consent to such changes and agreement to be legally bound by the same.
14. Severability:
If it turns out that a particular term is not enforceable, this will not affect any other terms.
14. Amendments:
Notices or letters or any communication shall be sent to your registered email id on the platform. Sending of an email to the correct email address shall have the same effect and rights as a physical notice. It shall be your responsibility to check emails.
15. Force Majeure:
Failure to do any act or duty shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labour strikes, sabotage, rebellion, insurrection, epidemic, pandemics or similar outbreak.
16. Remedies:
The user agrees and acknowledge that damages in the form of monetary compensation may be an inadequate remedy for breach or threatened breach of the provisions of these Terms and Conditions and as a result the user agrees that in the event of a breach of any provisions of these Terms and Conditions, the rights of Ezewin in addition to any and all other rights and remedies that may be available to Ezewin in respect of such breach, shall be enforceable by specific performance, injunctive remedy or any other remedy available in any court of competent jurisdiction.
17. Jurisdiction:
Any dispute arising out of this terms & conditions shall be exclusively filed at the Court at Hyderabad, Telangana, India.
18. Applicable Law:
The Applicable Law in relation to any dispute arising will be the Law of India.
19. Arbitration:
In the event of any dispute between the parties arising out of or in relation to this terms and conditions, the same shall be referred to an Independent Arbitrator which has the exclusive jurisdiction to resolve the dispute. The arbitration will be governed by laws of India at the time being in force. The arbitration proceedings shall be constructed in English language and shall take place in the city of Hyderabad.