1. INTRODUCTION - WHO WE ARE AND WHAT WE DO?
Rekruters is offering Our Platform to You and an opportunity for You to participate in Contests spanning across a broad range of quiz. An illustrative list of such quizzes is mentioned below as maybe modified from time to time:
- Corporate
- College
- School
- Cricket
- Society
Any person using, accessing and/or participating in any quiz and/or pay-to-play quiz on Our Platform is a user ("User"). All references to "You/Your" relate to the User. All references to "We/Us/Our" relate to Rekruters which denotes a collective reference to the Rekruters mobile application and the Rekruters website (hereinafter collectively referred to as "Platform"). Practice Contest/Quiz and Paid quiz are hereinafter collectively referred to as "Quiz".
2. ACCEPTANCE OF OUR TERMS AND CONDITIONS
Your continued usage of Our Platform constitutes Your acceptance of the terms and conditions, including any additional terms that We may make available to You ("Terms") and are contractually binding on You.
You accept that in the event of any variance between these Terms and any additional terms relating to the usage of Our Platform or any Contest or Quiz, the additional terms will prevail.
By accepting these Terms, You agree and consent to receive communications from Us and/or Our partners, licensors or associates for any purpose through the following modes:
- Announcements;
- Administrative messages/direct messages;
- Advertisements;
- direct notification to your account; and
- by any other means that We may consider fit for this purpose.
You agree that You shall mark Us as a safe sender on all Your platforms where You receive any such communications from Us (including via email and SMS) to ensure such communications are not transferred to the spam/junk folder.
3. USER ACCOUNT
i. You are required to register on Our Platform to create an account to access Our Services ("Account"). At the time of creating Your Account and/or at any time during the utilisation of Our Services, You will be required to provide any and/or all of the following information and/or documents:
- Your full name;
- Your mobile number;
- Your full address and state of residence;
- Your gender; and
- Your date of birth.
- Aadhar number
- Any other valid identification
- Bank Account information
- UPI ID
- Permanent Account Number (PAN)
We reserve the right to conduct KYC as may be required from time to time in the manner prescribed under such law.
4. ELIGIBILITY
i. To participate in any Paid Contest/Quiz, you must meet the following eligibility criteria:
- You must be above the age of 18 years.
- You must be residing in India.
- You must have a valid Indian mobile number to create an Account.
5. CONTEST RULES AND FORMAT
1. CONTEST RULES
You agree and acknowledge that:
- To participate in a Contest(s), You are required to login to the platform.
- You must finalise Your Quiz category for the relevant Contest/Quiz before the start time and/or any other adjusted time (as specified below) of the Quiz/Contest ("Contest Deadline"). We may notify any extensions to the Quiz/Contest Deadline in advance.
- Prizes are non-transferable and no cash alternatives will be provided (except for the cash prize winners).
- The company reserves the right to modify prize details if necessary.
- Each Quiz/Contest will require a minimum number of Users to participate in the Quiz/Contest for it to become operational ("Pre-specified Number of Users")
- In the case of a multiple-entry quiz/contest, a User may play multiple times. We reserve Our right in Our sole discretion to restrict the maximum number of entries You may submit for each Quiz/Contest format.
- You may participate in the Paid Quiz/Contests by paying a pre-designated amount as specified on the relevant Contest page ("Pre-Designated Amount").
- We reserve a right to deduct a fee from the Pre-Designated Amount in lieu of the Service being provided by Us ("Platform Fees") and the balance amount shall constitute Your contribution towards the Prize
- For clarity, we have no right or interest in this Prize Money.
- From time to time, we may conduct/organize promotions/offers on the Platform. Your participation in such promotions/ offers shall be in accordance with the terms and conditions applicable to the Promotion.
- You can only play a maximum of 20 (twenty) times for any Quiz/Contest You are participating in.
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Flexible and Non-Flexible Contest
(a) A Contest will be operational only if the number of Users participating in such Quiz/Contest is equal to the limit set by us in case of a Public Quiz/Contest
(b) The Prize Money shall be directly proportional to the number of Users participating in a Flexible Contest. For clarity, the Prize Money specified on the Quiz/Contest page will decrease if the number of Users joining the Contest is less than the limit set by us for a Private Contest and a Public Contest.
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In participating in Quiz/Contests, you agree to strictly comply with the (a) Terms, including additional rules published by Us
(b) any other rules and regulations (including without limitation in relation to payments made to participate in any Quiz/Contest)
2. CONTEST FORMATS
1. Public Contest
A Public Contest is a Contest where You can participate with other Users without any restrictions.
Features of Public Contests:
- Public Contest can either be a Flexible Contest or a Non-Flexible Contest.
- We reserve the right to cancel the Public Contest if the number of participating Users is less than the Pre Specified Number of Users. If cancelled We will return Your Pre Designated Amount without any deduction.
- If a Contest is labelled as a "Guaranteed Contest" it will become operational when the Pre-Specified Number of Users join the Quiz/Contest. The Prize Money for each Guaranteed Contest is predetermined. We will cover the shortfall if there are not enough Users in a Guaranteed Contest to meet the guaranteed Prize Money.
- We will declare the winners as per the Quiz/Contest page, regardless of the number of Users joining the Quiz/Contest
6. WINNING
i. WINNER DECLARATION
- The Winner(s) will be selected based on the highest aggregate scoring User in a particular Quiz/Contest.
- The number of eligible winners and prizes for the Quiz/Contest(s) will be announced on the Quiz/Contest page before the Quiz/Contest begins.
ii. GENERAL RULES FOR DISTRIBUTION OF WINNINGS
- The User accumulating the highest rank at the end of a quiz shall be eligible to win a pre-designated winning disbursed out of the Prize Money as stated on the relevant Quiz/Contest page.
- We reserve the right to vary or modify the winnings at Our discretion before the Quiz/Contest Deadline.
- You agree that any winnings in the nature of prizes or rewards awarded by Us shall be governed by the terms and conditions of such specific promotional events.
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We reserve the right to disqualify any Winner and prevent them from withdrawing their winnings or receiving any prize if:
a. any of the document or information submitted by You are incorrect, misleading, false, fabricated, incomplete or illegible; or
b. You do not abide by these Terms.
7. YOUR CONDUCT
In using and accessing Our Platform, You agree to observe the following code of conduct:
1. ACCOUNT INFORMATION
- You are permitted to create only one Account on Our Platform. When creating Your Account with Us (or updating Your Account information), You agree that You will provide true, accurate and updated information and documentation. You will not provide any false and/or incorrect information and documentation nor impersonate or attempt to impersonate and/or otherwise assume the identity of another person without due authority. You will not commit any such fraudulent act which amounts to forgery and/or involves the fabrication of documentation.
- You agree and acknowledge that the address-related details provided by You shall be treated as Your "Address on record" for the purposes of the Goods and Service Tax Act.
- You agree that You shall promptly update your Account related details on Our Platform in the event of any change in such details and/or write to Our support@rekruters.com in the event of any; a) change in Your Account related details and/or; b) any unauthorised use of Your Account to enable us to take remedial action.
2. MAINTAIN CONFIDENTIALITY
- You will maintain the confidentiality of all information relating to Your Account, and You will not share Your One Time Password ("OTP") with any other person;
- You will not engage in any fraudulent conduct in logging into another user's account by asking for their account-related information or taking their OTP.
3. COMPLIANCE WITH APPLICABLE LAW
- You agree to comply with Applicable Laws.
- You agree that You shall not commit any illegal act that disrupts Our systems.
4. VIOLATION OF PLATFORM TERMS
- You shall not engage in any terms violation.
- You shall not violate any of the Terms in using and accessing Our Platform and Services;
- You shall not misuse any offers or promotions given by Us.
- You agree that you shall use the Platform and Our Services solely in Your personal capacity, and You will not engage in malpractices or collude with other Users in deriving any benefit and/or running any business in connection with the use of Our Platform and/or Services.
- You shall not tamper, modify, or otherwise deal with our data, content, software, technology and/or Intellectual Property by any means.
8. OUR RIGHTS AND OBLIGATION
i. YOUR CONTENT
We reserve our rights to remove (without notice) any offending/illegal/objectionable/ infringing content posted by You and take such necessary action as We may consider appropriate concerning Your Quiz/Content;
ii. CONTEST
We may choose to:
- Withdraw and/or cancel any Quiz/Contest without prior notice to You should the carrying on of such Quiz/Contest be prohibited and/or require any governmental, statutory or regulatory compliances or approvals;
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Adjust the Quiz/Contest Deadline or Abandon any Quiz/Contest.
i. We reserve the right to abandon a Quiz/Contest upon the occurrence of circumstances beyond Our reasonable control
ii. We reserve Our Right to adjust the Quiz/Contest Deadline upon the occurrence of circumstances beyond Our reasonable control
iii. OUR SERVICES
We may choose to
- Change, discontinue or suspend all or any part of Our Service;
- Suspend or terminate Your Account as any misuse of any information or any misconduct found.
iv. BREACH OF TERMS
In case of breach of these Terms or if We reasonably believe that You have breached these Terms, We may choose to:
- Restrict, suspend, deactivate or permanently delete Your account with Us (including all related information that You might have provided to Us)
- Disqualify You from participating in a Quiz/Contest;
- refrain from awarding any prizes to You or forfeit Your winnings
- initiate appropriate civil/criminal proceedings as We may consider appropriate in addition to forfeiture and/or recovery of prize money.
9. INTELLECTUAL PROPERTY RIGHTS
i. You agree that We (including Our partners, licensors and/or associates) own all intellectual property rights in and to the software underlying the creation of Our Platform, including all material and content published by Us on Our Platform, which includes (but is not limited) to the following:
- Our Quiz/Contests
- Our software/technology
- Our advertisements
- Our written/published content
- Our images, graphics, photographs, illustrations
- Our marks, logos, trade name
- Audio and visual clippings used and published by Us
- Flash animation ("Our Intellectual Property Rights/Our Content")
ii. You agree that in accessing Our Intellectual Property Rights, You shall not do the following without Our prior written consent:
- Modify, distribute, publish, transmit, reproduce, or otherwise deal with Our Intellectual Property Rights; or
- Create derivative works of Our Intellectual Property Rights or in any way exploit Our Intellectual Property Rights.
iii. You agree that:
- You own all the intellectual property rights in Your content;
- Your content will not result in any infringement claims from any third party; and
- We are not liable for any of Your content shared and/or contributed by You on Our Platform.
iv. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable, and transferable license to use Your content for the following:
- use, reproduce, distribute, publish, and transmit Your content; and
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otherwise, create any derivative works of the User Content for the following purposes:
i. display of User Content on Our Platform;
ii. distribution and/or storage of User Content (either electronically or via other media) for any purpose; and
iii. storing Users' Content in a remote database accessible by Users, for a charge
10. PRIVACY POLICY
All Your personal information collected (including financial data) is subject to Our Privacy Policy which is available at Privacy Policy. You are encouraged to review this Privacy Policy to understand the data we collect and the purpose for which such data is collected.
11. GRIEVANCE REDRESSAL MECHANISM
In case you have any complaints or grievance pertaining to (i) any User Content that You believe violates these Terms including any infringement of Intellectual Property Rights, (ii) Your access to the Platform, please share the same with Us by writing to: support@rekruters.com. On receiving such a complaint, grievance or notice, the grievance officer may reach out to You to seek further clarification, or to verify Your complaint. The name and title of the Grievance Redressal Officer are as follows:
The Grievance Officer identified above is pursuant to the provisions of Applicable Laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through the publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
You agree that regardless of any statute or law to the contrary, any complaints or grievances arising out of or related to the use of Our Platform or these Terms should be filed within thirty (30) days of such claim to enable us to resolve Your complaint at the earliest.
12. PUBLICITY
By accepting a prize, You grant Us and Our affiliates an irrevocable, royalty-free, worldwide, perpetual license to use Your name, likeness, image, voice and comments/ testimonials for any purpose, including but not limited to advertising and promotional purposes in any media.
We may organize promotional activities for which We may require Your presence. We will communicate the details of these activities to You. These promotional activities may include press events, internal meetings and ceremonies/functions.
13. LIMITATION OF LIABILITY AND INDEMNIFICATION
i. By accessing Our Platform, You hereby agree to indemnify Us and/ or any of Our directors, employees, partners, affiliates, associates and licensors ("Representatives") against all liability, cost, loss, claims or expense arising out of Your access to Our Platform, arising due to any negligence on Your part and/ or any illegal act on Our Platform and/ or non-compliance with these Terms.
ii. Neither We nor Our partners, affiliates, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use Our Services, even if We have been advised of the possibility of such damages.
iii. You, with this, waive each and every right You may have against Us and/ or Our Representatives for any injuries, accidents, or other events that may occur as a result of You accessing Our Platform, participating in Quiz/Contests, or receiving Quiz/Contest prizes. This waiver includes any known or unknown, anticipated or unanticipated events.
14. GOVERNING LAW AND DISPUTE RESOLUTION
i. The courts of Noida shall have exclusive jurisdiction to determine any and all disputes related to Our Services [(including the Contest(s)] ("Dispute") and grant interim relief in any Dispute referred to arbitration as given below. Any Dispute will be governed by the laws of the Republic of India.
ii. If there is a legal Dispute, the party raising the Dispute must send a written notification ("Notification") to the other party. The parties will then try to resolve the Dispute through amicable discussions. Suppose the dispute remains unresolved within fifteen (15) days of receiving the Notification, in that case, the dispute will be settled through arbitration. We will appoint a sole arbitrator to conduct the arbitration proceedings in English as per the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Mumbai.
iii. The arbitration award will be final and binding on the parties. Each party will pay for the costs of arbitration and equally share the arbitrator's fees unless the arbitral tribunal decides otherwise. The arbitrator can pass interim orders and awards, including orders for specific performance, and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
iv. Nothing contained in these Terms shall restrict Us from seeking and obtaining interim or permanent equitable or injunctive relief or any other relief available to safeguard Our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on Our part to pursue any remedy for monetary damages through the arbitration described herein.
15. OTHER TERMS
i. These Terms govern Your use of Our Platform and Services and supersede any prior agreements that You may have with Us.
ii. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
iii. In the event any of the provisions of these Terms are held to be invalid, illegal or unenforceable by any competent authority for any reason, the remaining portions of these Terms, if capable of substantial performance, will remain in full force and effect.
iv. Our employees and their immediate family members are not eligible to participate in any paid Public Quiz/Contest.
v. You acknowledge that You may be subject to additional terms that govern your transactions on Our Platform. You agree that if there is any conflict between these terms and the additional terms, the additional terms will prevail.
vi. We may assign our rights and liabilities in relation to the Services offered by Us to any entity as we may deem fit in course of our business activity.
16. DISCLAIMERS
i. We will not be liable for any delay or failure to render the Services resulting from any Force Majeure Event.
ii. You may access Our Platform at Your own risk. We are not responsible or liable for any loss or damage (including injuries, death, or loss of property) that You or anyone else may suffer while accessing Our Platform.
iii. You agree that Our Platform may contain third-party advertisements and links to websites/services owned and operated by Our affiliates and/ or third parties ("Third Party Content"). We do not endorse the Third Party Content or services of any third parties included on Our platform. We cannot guarantee the accuracy, reliability or quality of such Third Party Content. Your reliance on Third Party Content is at Your own risk. Any claims that You have regarding Third-Party Content should be directed to the third party in question.
iv. We will not be held responsible for any issues with the storage, deletion, delivery, or accessibility of information or materials to the extent allowed by law.
v. We do not provide any warranty for Our Content, which is provided on an "as is, as available basis".
vi. We are not responsible for any errors or inaccuracies in the team starting line-up data provided on Our Platform, as it is obtained from external sources or publicly available information.
vii. We are not responsible for any inaccuracies in calculating points or the selection of winners due to inaccurate or incomplete information received from any third-party service provider.
viii. We make no representations or warranties regarding the quality, suitability or merchantability of any prizes and are not liable with respect to the same.
ix. We will not be liable for your inability to access Our Platform for any reason beyond our control such as network outage, telecommunication failure, internet suspension, virus, malware etc.
x. We are not responsible for any errors in communication, or omissions in communication, including any errors made by You, which may prevent the results from being communicated to You.
xi. We are not liable for any consequences arising from You sharing any confidential information including but not limited to OTP with any other person.