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Cwikwin Term of Use
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CWIKWIN TERMS OF SERVICE
By using the Site or App, you agree to be bound by these Terms which are legally binding between you and Digital Concepts IT Services LLC. PLEASE READ CAREFULLY. You may not use or access the Site or the Services if you do not read, understand and accept these Terms.
1. Eligible Use
1.1 Only persons who legally reside in the United Arab Emirates (‘UAE’) / Mumbai/ Thane / Navi Mumbai/ Metro Manila and who are eighteen (18) years of age or older may use the Services. By registering for the Services, including participating in any Quiz using the App, you expressly confirm that you:
(a) are 18 years or older,
(b) legally reside in the UAE / Mumbai/ Thane / Navi Mumbai / Metro Manila,
(c) are an individual and not an entity,
(d) you are eligible to participate in Quiz in accordance with these Terms, and
(e) that you will comply with these Terms.
1.2 You are not eligible to use the Services if you are less than 18 years of age, do not legally reside in the UAE / Mumbai/ Thane / Navi Mumbai / Metro Manila and are an employee of Digital Concepts IT Services LLC., its affiliates or Quiz sponsor. We reserve the right to require proof of eligibility, including proof of address and age, at any time including prior to awarding or providing prizes and to suspend or terminate the Services for any reason at any time in our sole discretion.
2. Registering and Creating An Account
Eligible persons may register and create a Cwikwin account. When creating your account you must provide true, accurate and complete information, including a current email address. Only one account is allowed per person. You may register and create an account using your Facebook, Google or Twitter accounts, in which case the information contained in such account will be used to populate your Cwikwin account- please ensure that this is accurate and up-to-date.
3. Quiz Format
All quizzes are free of charge, no purchase necessary. It is a condition of entry that all information your provide upon registration for your Cwikwin account is true and not false or misleading. If you fail to comply with these Terms you will be disqualified from winning.
4.1 Winners are selected electronically and randomly at the end of any Quiz. If you are a winner, you will be notified by the same means by which you registered and created your Cwikwin account. For example, if you registered using Facebook, you will be notified that you are a winner via the credentials you have provided as part of your Facebook profile. You can only claim your prize if you satisfy the following:
(a) Within 15 days of notification that you are a winner, you must respond to us by providing your full UAE / Mumbai/ Thane / Navi Mumbai / Metro Manila address to which your prize will be delivered. If we do not receive this information within 15 days your prize will be forfeited and another winner will be randomly chosen.
(b) You must provide a valid identity document to our representatives upon delivery of your prize to your UAE / Mumbai/ Thane / Navi Mumbai / Metro Manila address.
(c) You have verified and activated both the mobile number and email ID in your profile
4.2 We may publish the names of winners and their Cwikwin account profile picture. By participating in any quiz you consent to this.
4.3 All prizes are subject to availability and in the event of unavailability may be substituted.
4.4 If you are a winner, only you can claim your prize. Prizes cannot be claimed or delivered to anyone other than the winner.
4.5 If winners announced for a contest have not played the contest, Cwikwin reserves the right not to award the winners.
4.6 Decisions will be final and binding in all matters regarding the above.
4.7 We reserve the right to reclaim any prize obtained under false pretenses or in breach of these Terms or the value of same, without prejudice to our other rights.
5. Restricted Use.
You may not:
(a) Use the Site or Services for commercial purposes,
(b) Sell or transfer your Cwikwin account, allows others to use your Cwikwin account or assign your rights under these Terms including any claim for a prize,
(c) Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of the Site or Services,
(d) Impair or disrupt the proper functioning of the Site or Services
(e) Misuse the Site or Services, or use the Site or Services in any way which is contrary to these Terms
(f) Use the Site or Services to violate the rights of others or engage in any unlawful purpose.
6. Intellectual Property Rights
Cwikwin’, the Cwikwin logo, the Cwikwin brand and all other trademarks, service marks, graphics and logos used in connection with the App are trademarks or registered trademarks of Digital Concepts IT Services LLC.. Other trademarks, service marks, graphics and logos used in connection with quizzes and content made available the Site and the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Digital Concepts IT Services LLC. and Third-Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holder. For the avoidance of doubt, all rights in the App is owned by Digital Concepts IT Services LLC. You may not change any trademark or trade name designation for the App or any proprietary notices contained therein or which accompanies same. All intellectual property rights of any nature, including the overall appearance of the Site and App are the sole and exclusive property of Digital Concepts IT Services LLC.. Digital Concepts IT Services LLC. reserves all rights and its intellectual property rights and are protected by applicable intellectual property laws, treaties and other proprietary rights.
If you believe your copyright-protected work was posted on Cwikwin without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
The fastest and simplest way to notify Cwikwin of alleged copyright infringement is via email to firstname.lastname@example.org.
7. Limitation Of Liability & Disclaimer
7.1 The Site and Services are provided without any guarantees or endorsements of any kind and are made available to you on an “as is” and “as available” basis. They are provided to you without warranties, including but not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, or non-infringement. The Site and Services may contain information and content provided by third parties in respect of which we are hold no liability and may contain inaccuracies and typographical errors. We do not warrant that the Site or Services will be uninterrupted, reliable or error-free or that errors and defects will be corrected.
7.2 WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE SITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE SITE OR SERVICES
7.3 TO THE MAXIMUM EXTENT OF THE LAW WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE OR DATA RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THE SITE OR SERVICES.
We may, at any time in our sole discretion, choose to change these Terms and/or terminate, suspend or discontinue the Site or Services at any time without notice. Your continued use of the Site or Services constitutes and signifies your acceptance of the prevailing version of these Terms.
9. Governing Law
These Terms are governed and construed in accordance with the laws of the United Arab Emirates and shall be subject to the territorial jurisdiction of the Courts of Dubai. If any provisions of these Terms are deemed or become invalid, the validity of the other provisions shall not be affected. You hereby acknowledge and agree that a breach of these Terms would cause irreparable harm and significant injury to Digital Concepts IT Services LLC. which may be difficult to ascertain and that a remedy at law would be inadequate. You agree that Digital Concepts IT Services LLC. shall have the right to seek and obtain immediate injunctive relief to enforce the obligations under these Terms in addition to any other rights and remedies it may have.
Dated: 23rd November 2015