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Terms of Use

TERMS OF USE

Posted as of 8th July 2021

Last updated as of 8th July 2021

 

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Platform.

 

This Platform is created and operated by M/s Samphion Technology Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”) and operating under the brand name “ADOR” (“Brand name”). We intend to ensure your steady commitment to the usage of this Platform and the services provided by us through our Platform “ador” (“Platform”)

 

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Platform provided by us and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Platform, platform or individual apart from the Users and the creator of this Platform.

 

GENERAL TERMS

  1. The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Platform.

  2. The use of this Platform is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Platform and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.

  3. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

  4. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Platform constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.

  5. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.

Mobile Services
The Service includes certain services that are available via a mobile device, including (i) the ability to upload
content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile
device and (iii) the ability to access certain features through an application downloaded and installed on a
mobile device (collectively, the “Mobile Services”). To the extent, you access the Service through a mobile
device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition,
downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and
not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we
may communicate with you regarding Ador and other entities by SMS, MMS, text message, messaging platforms or other
electronic means to your mobile device and that certain information about your usage of the Mobile Services
may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree
to promptly update your Ador account information to ensure that your messages are not sent to the
person that acquires your old number.

User content 


You are solely responsible for all code, video, images, information, data, text, software, music, sound,
photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display
(hereinafter, “User Content”) or email or otherwise use via the Service. if in the event we suffer any loss or 
damages on account of your User Content belonging to another party or such Content violating or infringing the rights of any party, you shall be liable to indemnify us for such loss and damages. Ador reserves the right to investigate and take appropriate legal action against anyone who, in Ador' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
As a User you acknowledge and undertake that by uploading/posting any User Content, and in consideration of 
you using the Service, you automatically constitute you granting a royalty-free, perpetual, irrevocable, 
transferrable, worldwide license to Ador to (a) use, reproduce, modify, adapt, publish, translate, create 
derivative works from, distribute, perform, transmit and display such User Content (in whole or part) and/or 
to incorporate it in other works in any form, media, mode of delivery or technology now known or later 
developed, (b) display online or offline your User Content (or part thereof, or any modification, adaptation, 
translation or derivative works thereof) online and offline and permit others to do the same, and (c) permit 
other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Service, as may be permitted by the functionality of those Services. Further, the license you have granted to us as aforesaid shall not lapse notwithstanding that we have not used, distributed, displayed, published, or adapted/modified any of the User Content for any duration.
Further, the User undertakes that under no circumstances shall a User Content:
(i) belong to another person and to which you do not have any right;
(ii) be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 
libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, 
relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
(iii) harm minors in any way;
(iv) infringe any patent, trademark, copyright or other proprietary rights;
(v) violate any law for the time being in force;
(vi) deceive or mislead the viewer about the origin of any information, or contains any information 
that is grossly offensive or menacing in nature;
(vii) impersonate another person;
(viii) contain software viruses or any other computer code, files or programmes that is designed to 
interrupt, destroy or limit the functionality of any computer resource;
(ix) threaten the unity, integrity, defence security or sovereignty of India, friendly relations with 
foreign states or public order or causes incitement to the commission of any cognizable offence or 
prevents investigation of any offence or is insulting any other nation

REGISTRATION

  1. Registration is mandatory for our Platform. Registration process will be deemed complete after email verification on the registered user email ID.

  2. Our Platform allows social media Platforms to be linked to User profile during the registration process.

 

ELIGIBILITY

  1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. We do not allow minors to register and use the services of this Platform. We strongly advise all Users to do your due diligence before registering and availing the services of our Platform.

  2. You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

  3. You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

 

PAYMENT GATEWAY

For making all payments for purchases on the Platform, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

 

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platform and whilst feedback and comments by You can be made via the Platform, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from Us.

GAMEZOP AND QUIZOP TERMS OF USE

These Terms of Use (“Terms”) are applicable to the users (and their legal heirs and representatives) (“User”, “Users”, “You”, “Your”) of www.gamezop.comwww.gamezop.cowww.gamezop.inwww.gamezop.netwww.gamezop.iowww.gamezop.mobiwww.gzp.gg any subdomains of any aforementioned URL, the progressive web applications of any aforementioned URLs or their subdomains, and mobile applications launching any aforementioned URLs or their subdomains (collectively “Platform”) or the Content (as defined below).

On the Platform, Users will find digital content, including but not limited to, games, quizzes, and videos (“Content”) which are licensed, and / or purchased, and / or developed by Advergame Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at L-29, First Floor, Connaught Place, New Delhi – 110 001, India (“We”, “Us”, or “Our”). We own, manage, and operate the Platform.

Your access, viewing, browsing, engaging with, registration, and / or any other activity (together, “Use”) on the Content and / or the Platform is subject to and shall be governed by these Terms, together with all policies, notices, guidelines, disclaimers, that are published on the Platform from time to time (collectively referred to as “Agreement”), including, without limitation, Our privacy policy accessible at https://static.gamezop.com/legal/privacy

The Platform and / or the Content can also be made available to You on third-party platforms, including but not limited to, third-party websites, mobile applications, and other internet products (“Third-Party Platforms”).

This Agreement will be applicable to You in entirety even when You Use the Platform and / or the Content from within Third-Party Platforms. In such cases, all the terms and policies of such Third-Party Platforms shall also be applicable to You.

You must be 18 (eighteen) years of age or older to Use the Content and / or the Platform in any manner. By Using the Content and / or the Platform, You hereby represent and warrant to Us that You are 18 (eighteen) years of age or older, and that You have the right, authority, and capacity to Use the Content and / or the Platform, and that You agree to abide by this Agreement.

All Users must be persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act, including minors, undischarged insolvents, etc. are not eligible to Use the Platform and / or the Content.

These Terms describe a contractual agreement between the User and Us regarding the User’s Use of the Content and / or Platform. We have the right to refuse Use of the Platform and / or the Content to the User at Our sole discretion for any or no reason. These Terms shall be enforceable against You in the same manner as any other written agreement and shall regulate and govern the relationship between Us and You and shall be fully binding on You. Without limiting the foregoing, You specifically acknowledge that We reserve the right to terminate or limit Your Use to the Content and / or the Platform if We determine, in Our sole discretion, that the You have violated this Agreement, and / or any other guideline or policy issued by Us, as maybe updated from time to time, including any activities that adversely affects the experience of other Users.

You agree not to enter into any contractual provisions in conflict with this Agreement.

If you do not agree with these terms, then you must refrain from using the content and / or the platform. By using the content and / or the platform, you irrevocably accept this agreement (as updated from time to time) and agree to abide by the same.

 

We shall have the right at any time to change or discontinue any aspect or feature of the content and / or the platform. It is your responsibility to review these terms periodically for any changes. Your continued use of the content and / or platform subsequent to such changes will indicate and imply your acceptance to such revisions.

The User shall be solely responsible for damages to the User’s device or data arising from Use of Content and / or the Platform, including the Platform Material.

No guidance or information, written or oral, obtained from Content and / or Platform, shall constitute any warranty, which has not specifically been stated in these Terms.

  1. USER COVENANTS

    1. By Use of the Content and / or the Platform, You agree that You meet with the eligibility criteria as detailed in the recitals above and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms. You are responsible for the accuracy of the information, including, Your age, that We may ask You to provide. We will not be responsible and / or liable for verifying the accuracy and / or the authenticity of Your information. We have the right to but not the obligation to ask You to provide a governmentissued identity proof. For further information on Our handling of Your information, please refer to Our privacy policy located at https://static.gamezop.com/legal/privacy.

    2. You shall not Use the Content and / or the Platform by any other means other than through the interfaces that are provided by Us and / or by a Third-Party Platform as authorized by Us.

    3. You shall not acquire, copy, or monitor any portion of the Content and / or the Platform in any manner to: (a) reproduce or circumvent the navigational structure or presentation of the Content and / or Platform; or (b) to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform and / or Content.

    4. You shall not alter or delete or attempt to alter or delete any attributions, legal or other notices, proprietary designations, labels of the origin or source of software, or other material on the Content and / or the Platform.

    5. As mandated under the provisions of Regulation 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, We hereby inform You that You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating and / or sharing any information that:

      1. belongs to another person and to which You do not have any right

      2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, hateful, racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever, inconsistent with or contrary to the laws in force;

      3. is harmful to children;

      4. infringes any patent, trademark, copyright, or other proprietary rights;

      5. violates any law in force;

      6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact

      7. impersonates another person;

      8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;

      9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, causes incitement to the commission of any cognizable offence, prevents investigation of any offence, or is insulting any other nation; or

      10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

    6. Users are also prohibited from:

      1. violating or attempting to violate the integrity or security of the Content and / or the Platform, the Platform Material (as defined below), and / or Our servers, technical architecture, and networks;

      2. transmitting any information on or through the Content and / or the Platform that is disruptive or competitive to the Platform, and / or Content, and /or Platform Material;

      3. submitting on the Content and / or the Platform, false or inaccurate information;

      4. using any engine, software, tool, malware, or other mechanism (such as spiders, robots, page-scrapes, worms, time bombs, cancel bots, intelligent agents, etc.) that can disrupt, hamper, or harm the Content and / or the Platform or other Users of the Content and / or the Platform;

      5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Content and / or the Platform, or attempting to create any derivate works of the Platform, and / or the Content, and / or the Platform Material;

      6. copying, duplicating, broadcasting, transmitting, or making commercial use in any manner any of the Platform, including the Platform Material, and / or the Content;

      7. attempting to gain unauthorized access to: (a) any portion or feature of the Content and / or the Platform, other systems, networks connected to the Content and / or the Platform; or (b) accounts of other Users;

      8. making any negative, denigrating, or defamatory statement / comment about the Content and / or the Platform, Us, and / or any brand name or domain name used by Us, or otherwise engaging in any conduct or action that might tarnish Our image or that of any of other Users of the Content and / or the Platform; or

      9. manipulating identifiers to disguise the origin of any message, transmittal, or signal You send through the Content and / or the Platform, including use of any software to communicate Your location to Us incorrectly.

    7. Users are also obligated to:

      1. refrain from claiming any ownership rights to the Content and / or Platform Material;

      2. read the Agreement and accept the terms and conditions set out therein;

      3. store their login credentials to the Platform, if applicable, securely and acknowledge that the Platform or We are in no manner responsible for any consequence arising from the Users not storing their login credentials securely;

      4. warrant to Us that You will comply with all applicable laws, statutes, ordinances, regulations, and treaties in connection with the Use of the Content and / or the Platform. You further warrant that You will not Use the Content and / or the Platform in any way prohibited by the terms contained in this Agreement or under any applicable law.

      5. not refuse payment, if payment is due from You to Us. Currently, We do not levy any fee for Using the Content and / or the Platforms. We may, in future, charge Users certain fees for the Use of the Content and / or the Platform. You agree to pay any such fees, as may be applicable, if You Use the features of the Platform that are chargeable. We will ensure that You are made aware of the applicability of any fees for a particular use of the Content and / or the Platform, as well as the amount of fees payable by You for any such use of the Content and / or the Platform. You agree that We may, at any time, charge, modify, or waive fees required to Use the Content and / or the Platform. Your continued Use of the Content and / or the Platform after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms to such changes; and

      6. Use the Content and / or the Platform for personal and non-commercial use only.

    8. You hereby authorize Us to declare and provide declarations to any governmental authority on request on Your behalf.

    9. We shall not be liable for any misuse of the Personal Information shared by You with Us on the Platform, or through Your profile, or with a third party on the Platform, chat rooms, forums, or comments. For further information, please refer to Our privacy policy located at https://static.gamezop.com/legal/privacy.

    10. We reserve the right, at any time, to (i) upgrade, update, change, modify, or improve the Content and / or the Platform, including the Platform Material in a manner We may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of this Agreement in substance, or as to procedure or otherwise, in each case which will then be applicable to You. Such changes shall be made applicable when they are posted and shall be effective on the date they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to this Agreement by Us shall be binding on You. We may also alter or remove any content from the Content and / or the Platform without notice. Your continued Use of the Content and / or the Platform following the changes or updates will mean that You accept such changes or revisions to this Agreement and agree to abide by it. We recommend that You visit this page periodically to be sure You are aware of the most recent Terms.

    11. The Content and / or the Platform may contain links to Third-Party Platforms, external services and resources, including links of advertisers whose advertisements are run by Us on the Content and / or the Platform. The availability and content of such Third-Party Platforms is not controlled, reviewed, or monitored by Us. You agree that viewing or utilizing services and resources of such Third-Party Platforms, including those of advertisers on the Content and / or the Platform, is done at Your own risk. We do not warrant or make any representations regarding the correctness or accuracy of the content on such Third-Party Platforms and advertisements. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third-Party Platforms or advertisements. We do not in any way endorse these Third-Party Platforms, including, without limitation, advertisements, on the Content and / or the Platform

    12. The Platform including the Platform Material, and / or the Content can be made accessible on Third-Party Platforms. Use of the Platform and / or the Content through such Third-Party Platforms shall not mean that the objectives, policies, terms, or content guidelines of such ThirdParty Platforms are the same or similar to the objectives, policies, terms, or content guidelines of the Platform and / or the Content. Further, We cannot confirm whether the Platform and / or the Content has been made available on such Third-Party Platforms with Our approval. We are not responsible for any representation of such Third-Party Platforms and no liability can arise upon Us consequent to such representation, its correctness, or accuracy. You are advised to read the terms and policies of all Third-Party Platforms where You find the Platform and / or Content, and decide independently whether You wish to use such Third-Party Platforms. We claim no understanding or knowledge of the terms and policies of such Third-Party Platforms. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such Third-Party Platforms. We do not in any way endorse such Third-Party platforms.

    13. COMPLAINTS & GREIVANCE OFFICER
      In case of any grievance or complaint, You may write to Us at:helpdesk@gamezop.comWe also have a Grievance Officer to address Your concerns regarding data safety, privacy, the Content, and / or Platform usage concerns, including complaints You may have against other Users. We will send Our response to the issues raised by You within 30 (thirty) business days from receiving them. You may contact the Grievance Officer at the following coordinates:Name: Aadesh Anish
      Office Hours: 10 am – 7.30 pm (Mondays to Fridays, except holidays)
      Email: aadesh.anish@gamezop.co
       

    14. REPRESENTATIONS AND WARRANTIES

      1. THE CONTENT AND / OR THE PLATFORM, INCLUDING PLATFORM MATERIAL AS HOSTED BY US IS PROVIDED ON AN “AS IS” BASIS, AS AVAILABLE, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE PLATFORM BY ANY USER OR THIRD PARTY. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT THE CONTENT AND / OR THE PLATFORM, INCLUDING THE PLATFORM MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS UP-TO-DATE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT AND / OR THE PLATFORM WILL BE ACCESSIBLE AT ALL TIMES.

      2. While We shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Content and the Platform by using reasonable efforts, We will not be liable for any interruption that may occur in Your Use of the Platform and / or the Content.

      3. NO GUARANTEES
        Among other things, We do not guarantee, covenant, or warrant that:

        1. The Content and / or the Platform will meet the User’s expectations;

        2. The Content and / or the Platform will be accessible / available at all times without interruption or in a timely, reliable, or fault-free manner;

        3. the Platform Material is complete, true, accurate, or non-misleading; or

        4. The results obtained through Use of the Content and / or the Platform will be correct and reliable.

  2. LIMITATION OF LIABILITY

    User specifically acknowledges and agrees that in no event shall We and / or Our affiliates be liable to the User or anyone claiming through the User in respect of any subject matter of this Agreement under contract, negligence, strict liability, or other legal or equitable theory for any special, incidental, indirect, punitive, exemplary, or consequential damages, including but not limited to, loss of profits and / or anticipated profits whatsoever, including those resulting from loss of use, data or profits, loss of opportunity, loss of revenues, loss of goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), whatsoever, including those resulting from loss of use, data, or profits for any cause of action, including contract, tort (including negligence), or otherwise and any other loss whatsoever, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, arising out of or in connection with:

    1. The Use or inability to Use the Content and / or the Platform;

    2. Any message received through the Content and / or the Platform;

    3. Any transactions made by means on the Content and / or the Platform;

    4. Third party claims against the User;

    5. Unlawful access to or modifications of data transmissions; or

    6. Any other circumstances related to the Content and / or the Platform

    We exempt Ourselves from any claims for damages relating to the Content and / or the Platform access, function, quality, possible errors, bugs, and other factors relating to the Content and / or the Platform.

    Notwithstanding anything to the contrary contained in this Agreement or elsewhere, You hereby agree that Our maximum aggregate liability for all Your claims under this Agreement, in all circumstances, shall be limited to Indian Rupees 10,000/- (INR Ten Thousand only).

  3. FORCE MAJEURE

    We will not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly, affecting Content and / or the Platform. Examples of force majeure events are real or potential labour disputes, governmental actions, operation of law, war or threat of war, sabotage, civil unrest, lockdown, demonstrations, fire, storm, flooding, explosion, earthquake, pandemic, epidemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond Our control hindering, delaying, or complicating the maintenance of the Content and / or the Platform entitles Us to suspend or limit the Content and / or the Platform until further notice.

  4. INTELLECTUAL PROPERTY RIGHTS

    All reproduction or distribution of any material on the Content and / or the Platform, including but not limited to, text, photographs, video clips, music, and software programs is strictly prohibited, unless explicitly stated otherwise. We reserve any and all rights not expressly granted herein.

    Our trade name, logo, and all related trademarks, product and / or service names and slogans used on the Content and / or the Platform are Our property and may not be used in any way without Our prior written approval. User’s Use of the Content and / or the Platform shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Content and / or the Platform.

    The information, text, graphics, images, banners, icons, logos, data, sounds, video clips, software codes, interface, designs, colour schemes and representations of the Content and / or the Platform, arrangement and assembly of the Content, and / or any of the other material or services accessible or available through any part of the Content and / or the Platform (together, “Platform Material”) are properties that belong to Us / Our parent company / affiliates and / or Our suppliers / vendors / partners, and are protected under copyright, trademark and other applicable laws. You shall not modify the Platform Material, create derivative works of, sublicense, sell, rent, lease, transfer, assign, time share, reproduce, display, publicly perform, distribute, reverse engineer, or otherwise Use the Platform Material, in any way for any public or commercial purpose or for personal gain.

    We authorise You to Use the Platform Material, solely for ease of navigation and Use of the Content and / or the Platform. We, therefore, grant You a personal, non-exclusive, non-transferable, non-assignable, non-sub licensable, non-commercial, without right to exploit, limited, and revocable permission to Use the Content, and / or Platform, and / or the Platform Material.

  5. ADVERTISEMENTS

    We may include, offer, or pormote third-party products on the Content and / or Platform through digital advertisements, whether fetched directly from advertisers and / or sourced from third-party advertisement 8 networks.

    We shall not be liable for any terms and conditions, privacy practices, products, services and / or the content of the Third-Party Platforms, advertisers, brands, or sponsors, whose advertisements appear on the Content and / or the Platform.

    The Users shall be solely responsible for checking the privacy policy, terms of use, and reviews of such Third-Party Platforms, before exploring their mobile applications, websites, and other internet products to safeguard their interests.

    If Users find any advertisement on the Content and / or the Platform inappropriate, unsuitable, or violative of any applicable law, they must immediately inform the Grievance Officer on the co-ordinates mentioned in Section 1.13. Upon receipt of such complaint, We shall try Our best to verify the User’s claims and, if such claims are found to be authentic, to restrict such advertisement from re-appearing on the Content and / or the Platform.

  6. TERM AND TERMINATION

    1. Term: The Agreement will remain in full force and effect while You are registered with or Use the Content and / or the Platform, including the Platform Material, in any form or capacity.

    2. Termination: Users who have been barred / suspended on the basis of the reasons cited below, will not be entitled to Use the Content and / or the Platform, including the Platform Material, for any purpose, until We at Our sole discretion lift such suspension or restriction. Suspension can occur, with or without prior notice, in relation to the entire Platform or all Content or certain sections of the Platform or Content for, including, without limitation, the following reasons:

      1. if the User violates or attempts to violate the security of the Content and / or Platform including, without limitation:

        Violations of our systems or network security may result in civil or Criminal liability. We will investigate occurrences that may involve such Violations and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. You hereby agree not to use any Device, software, or routine to interfere or attempt to interfere with the Proper working of this platform, the content, or any activity being Conducted on this platform and / or the content.

        • Cheating, fraud, misrepresentation, misconduct, and negligence by the User;

        • Accessing or attempting to access data not intended for the User;

        • Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without authentication;

        • Using the Platform without authorization, in violation of this Agreement, partially or in entirety, and / or in violation of any applicable law; or

        • Using any service that blocks or hinders any kind of advertising on the Content and / or the Platform.

        •  

        •  

      2. The User violates any or all terms of this Agreement or instructions on the Content and / or the Platform;

      3. The User shares false information at the time of signing up for the Platform, and if applicable, while Using the Content;

      4. We have reason to suspect a crime, misuse, fraud, or attempt of such in relation to Use of the Content and / or the Platform;

      5. We consider it to be necessary for safety reasons or for Our reputation; or

      6. We are forced to do so pursuant to legislation or ruling of a competent authority


      We may retain any information and associated records that are required to be retained or preserved under applicable laws, including post termination of Your account, and irrespective of whether such information or content has been removed or access to it has been disabled for the User.

  7. INDEMNITY

    1. The User shall indemnify, defend, and hold harmless Us and Our group companies, affiliates, associates, officers, directors, employees, consultants, licensors, agents, and representatives, if any, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or in connection with:

      1. Your breach of the Agreement;

      2. Your Use of the Content and / or the Platform, including Platform Material;

      3. Your violation of any applicable laws;

      4. actual and / or alleged infringement, by any other user of Your account on the Platform;

      5. action or inaction on behalf of the User while participating in the Content and / or in the Platform;

      6. actual and/or alleged infringement of any intellectual property or other right of any person or entity; and

      7. any dispute between User and third party to which We are made a party in relation to the Content and/ or the Platform.

  8. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

    1. The Agreement and any contractual obligation between Us and You under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at New Delhi, India.

    2. If any dispute or difference of any kind whatsoever shall arise between the User and Us in connection with or arising out of this Agreement, both Us and the User shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. We may at Our option, seek to settle any dispute arising out of or in connection with this Agreement through arbitration, mediation, and / or conciliation in accordance with applicable laws of India. The seat of such arbitration, conciliation, or mediation proceedings shall be New Delhi, India. The arbitrator or mediator shall be conducted by a sole arbitrator to be appointed by Us, at Our discretion. Arbitration, mediation, and conciliation awards shall be final and binding on Us and the disputing User, and shall be enforceable in any court of competent jurisdiction.

  9. SEVERABILITY

    If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Agreement shall continue in full force and effect.

  10. WAIVER

    No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Us. Any consent by Us to, or a waiver by Us of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  11. ASSIGNMENT

    You will not transfer, assign, or delegate Your rights or obligations under this Agreement to anyone without Our express written permission. We may assign this Agreement or its rights, or obligations hereunder to anyone in Our sole discretion.

 

INDEMNITY ( ADOR )

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, you agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. Your use of the Platform,

  2. Your violation of these Terms of Use;

  3. Your violation of any rights of another;

  4. Your alleged improper conduct according to these Terms of use;

  5. Your conduct in connection with the Platform;

 

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein.

 

LIMITATION OF LIABILITY ( ADOR )

  1. We are not responsible for any consequences arising out of the following events:

    1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

    2. If you have fed incorrect information or data or for any deletion of data;

    3. If there is an undue delay or inability to communicate through email;

    4. If there is any deficiency or defect in the Services managed by Us;

    5. If there is a failure in the functioning of any other service provided by Us.

  2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Platform.

  3. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.

  4. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.

  5. To the fullest extent permitted by law, we shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM ( ADOR )

  1. These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Platforms.

  2. You may terminate your use of the Platform at any time.

  3. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

  4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

  5. It is also hereby declared that we may discontinue the Services and Platforms without any prior notice.

 

TERMINATION ( ADOR )

  1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Platform, or any portion thereof, at any time, without notice or cause.

  2. We also reserve the universal right to deny access to You, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other Users to the Platform.

  3. We reserve the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.

  4. You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

 

ADOR SUBSCRIPTION POLICY

SUBSCRIPTION

  1. The User must agree that our services are a subscription-based service. Where the User is charged on a biweekly or monthly basis, depending on the choice of the User.

Our Platforms offers the following subscription packages:

  1. Club Membership

  2. Samphire Packs

  3. Profile Uplift Feature

For further information regarding these packages, Users can visit the homepage and subscribe to the package of their choice.

  1. Further, Users are allowed special features and access to more profiles after they have subscribed to our services. These special features include profile lift charges that helps to get more views and visibility on User profile, and visual elements and engagement stickers.

  2. We strongly advise and encourage Users to subscribe to our services to avail the best services of ADOR.

 

ADOR BADGES

Our Platform, offers a special feature of rewarding Users with badges. These badges are reflected on the User’s profile. The following are the types of badges we offer and the rules that govern them:

  1. SAMPHIONISTER BADGE

This badge is awarded to Users if they:

  1.  If User’s complete health & lifestyle profile updates

  2. If at least one of the health & lifestyle profiles is at medium or expert

  3. If profile photo updated and all information in the profile section updated

  4. After this, our team verifies the profile, and decided to award the badge.

  5. BADGE OF VERIFICATION

This badge is awarded to Users if they:

  1. If User takes selfie.

  2. Has registered using genuine mobile number.

  3. 80% profile updated.

  4. Linked with social media platform.

  5. After this, our team verifies the profile, and decided to award the badge.

  6. ADOR BADGE OF HONOUR

This is the highest badge awarded to our Users. Our team uses a manual process to award this badge. This badge is awarded to Users if they:

  1. User lodges complaint on the platform.

  2. Gives detailed description of the complaint.

  3. After this, our team verifies the profile, and decided to award the badge.

 

 

REFUNDS AND CANCELLATION POLICY

  1. REFUND REQUESTS

We do not accept any refund requests from Users. Users can choose to delete their subscription from our Platform; however, no refunds will be made for the same.

  1. CANCELLATION REQUESTS

Users can cancel/delete their profiles from our website.

We maintain a negative list of all fraudulent transactions and non-complying users and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

 

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

  1. If you are in breach of any of these Terms of Use or the Privacy Policy;

  2. If you have provided wrong, inaccurate, incomplete or incorrect information;

  3. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

 

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other third party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which You can communicate with other users and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

  1. You further agree and undertake that you are accessing the Platform at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.

  2. You agree that any kind of information, resources, activities, recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.

  3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Platform.

  4. It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

 

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

 

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Vadodara, Gujrat India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

On Ador platform, user/(s) will have access to interesting games and quizzes.

None of these games have direct or indirect association with gambling, online betting and loyalty-based gamification.

In addition, Ador is not promoting or enabling any payments by partnering with gamezop and quizop on all the touchpoints where users will be engaging with games / quizzes and other engaging activities.

User/(s) may come across one or more of the following games / quizzes on the Ador platform as a part of the partnership with gamezop/ quizop

Sr No                                Quiz/ Game                                Genre

1                                        Carrom Hero                                Fun Game

2                                        Jelly Bears                                  Puzzle Game

3                                        Where's the-Ace                         Puzzle Game

4                                        Flexi Snake                                 Fun Game

5                                        Fruit Chop                                   Fun Game

6                                       Pizza Dash                                   Food Delivery

7                                       Tower Twist                                 Adventure Game

8                                       Enchanted Waters                      Adventure Game

9                                       Hero Archer                                Adventure Game

10                                     Bowling Stars                              Adventure Game

11                                      Ninja Speed-Runner                   Adventure Game

12                                     KBC Quiz                                     Quiz

 

All games are imbibed to provide engaging experience to users and do not have any element/(s) of gambling, betting.

Ador and the gaming partners are not enabling any direct payments from user/(s) on all experiences where games/ quizzes in the above-mentioned list are experienced by end users

 

MISCELLANEOUS PROVISIONS

  1. Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

  2. Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.

  3. Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

  4. Contact Us: If you have any questions about these Terms of Use, the practices of the Platform, or your experience, you can contact us by emailing at happydating@samphie.club

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