TERMS AND CONDITIONS – Scholarship & Quiz (Pocket Scholarship)
Scholarship
1. The following terms of service are a legal contract between the user [an individual subscriber, institution, or organization] and OodlesIN regarding the use of the website, www.OodlesIN.com.
2. Visitors and users of the website are referred to individually as "user" and collectively as “users”.
3. By registering for, accessing, browsing, or using the website, the user acknowledges that they have read, understood and agreed to be bound by the following terms and conditions, including any additional guidelines (as defined below) and future modifications (collectively, the "terms"). Please read carefully the following terms of service:
4. If the user is a parent or guardian, providing consent for their child to register with the website, then the user agrees to be bound by these terms of service in respect of the child's use of the website.
5. The website is not available to
Any user previously suspended or removed from the website by OodlesIN, or
Any user, under the age of 13, whose registration has not been approved by a legal parent or guardian. By checking the ‘I agree’ option, or by using or registering for an account on www.OodlesIN.com, the user represents that they have not been suspended or removed previously from the website by OodlesIN, and that they are either at least 13 years of age or a parent and/or guardian has consented to them using a OodlesIN account.
6. In order to use certain features of the website, the user must register for an account. The user has to generate a password in connection with the account.
7. The users are solely responsible for maintaining the confidentiality of their accounts and other credentials. The user agrees to accept responsibility for all activities that occur under their account.
8. The user agrees that the personal information provided to OodlesIN during registration, or any other activity, is true, accurate, current, and complete. The user also agrees that they will ensure that this information is kept accurate and up-to-date at all times. If the user has a reason to believe that their account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of account ID, password), then the user agrees to immediately notify OodlesIN. The user will be liable for the losses incurred by OodlesIN or others due to any unauthorized use of the user’s account.
9. If the user is a child [under the age of 13 years], then registration for an account will be subject to the parent’s and/or guardian’s consent. Such users cannot register an account with OodlesIN without consent and approval of a parent or legal guardian. A child member can start the registration process, but for verification of an account, parental consent is mandatory.
10. Notwithstanding, a child member may use the website if the registration is done through an educational organization that has entered into a direct partnership with OodlesIN, through which the educational organization has consented to allow the child to use the website. A child member, who has registered through such external educational organizations, will only be permitted to use the website for so long as OodlesIN reasonably believes that such access has been consented by the child member's parent or guardian.
11. If a person is 13 years of age or lesser, and the legal parent or guardian of a minor member that seeks to register as a child member of the website, they have to register a Parent account on the website as a Parent member. A parent member can register one or more accounts for minor members. A parent member cannot register, approve, or manage a child member account for any user other than the parent member’s own children. A parent member account, along with all associated child member accounts, may be terminated by OodlesIN at any time and without warning for any failure to abide by these terms. If a Parent member provides consent for registration of any child member, then the parent member agrees and acknowledges that they are the child member’s legal parent or guardian, and agrees to be bound by the terms on behalf of such child member, including without limitation being liable for all use of the website by the child member. The parent member acknowledges that OodlesIN can choose, but is not obligated, to make any inquiries, either directly or through third parties, that OodlesIN deems necessary to validate the parent member’s registration information, including, without limitation, engaging third parties to provide verification services. OodlesIN reserves all rights to take legal actions against anyone who misrepresents personal information, or is otherwise untruthful about their identity. Notwithstanding the foregoing, the user acknowledges that OodlesIN cannot guarantee the accuracy of any information submitted by any user, and OodlesIN is not obligated to verify the identity of any user, including any user’s claim to be a parent member.
12. Privacy notice
User's privacy is important to OodlesIN. Our privacy policy is hereby incorporated into the terms by reference. Please read this privacy policy carefully for information relating to OodlesIN’s collection, use, and disclosure of the user’s personal information.
13. Modification of the terms
OodlesIN reserves the right to change, modify, add, or remove portions of the terms at any time at its discretion. Please check the terms and any guidelines periodically for changes. The user’s continued usage of the website after the posting of changes constitutes the user’s binding acceptance of such changes.
14. User content license grant:
Representations and warranties – OodlesIN may now, or in the future, permit the posting by you and other users of notes, questions, comments, ratings, reviews, images and videos, or other communications (collectively, “user postings”), the posting, creation, or modification by you and other users of computer code (including source code and object code) (collectively, "user code"), and the hosting, sharing, and/or publishing of such user postings or user code (user postings and user code, collectively, "user content"). You understand that whether or not such user content is published, OodlesIN does not guarantee any confidentiality with respect to any submissions.
15. License grant to OodlesIN –By submitting or distributing user content through the website, the user hereby grants OodlesIN a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit the user content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (known at present, or developed hereafter)
16. License grant to users – By submitting or distributing user postings through the website, OodlesIN hereby grants, to each user of the website, a non-exclusive license to access and use the user postings. By submitting or distributing user code through the website, OodlesIN hereby grants, to each user of the website, a non-exclusive license to access and use the user code. The foregoing license granted by OodlesIN terminates as to specific user content once the user content is removed or deleted from the website; however, users’ rights to such user posting arising out of distributions, occurring on or prior to deletion of such user content from the website, survive any termination or expiration of the license granted in this section
17. User content representations and warranties – The users are solely responsible for their user content and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing the user content to or through the website, the user affirms, represents, and warrants that:
18. The user is the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize OodlesIN and OodlesIN’s users to use and distribute the user content as necessary to exercise the licenses granted by the user in this section, and in the manner contemplated by OodlesIN and these terms of service
19. The user content does not and will not
Infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or
Slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;
20. The user content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability.
21. OodlesIN reserves all rights and remedies against any user who violates these terms of service.
22. Access to the user content – OodlesIN permits users to share their user content with a select group of other users, or make their user content public for all (even non-website users) to view. The users acknowledge and agree that although OodlesIN may provide certain features intended to allow the users to restrict some user content from some users, but does not guarantee that such user content will never be accessible by others. In the event of unauthorized access, OodlesIN will use reasonable efforts to notify the posting user pursuant to section U(a) below. OodlesIN hereby disclaims any and all liability with respect to any unauthorized access to any restricted user content.
23. User content disclaimer – The users understand that when using the website, they will be exposed to user content from a variety of sources, and that OodlesIN is not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such user content. The users further understand and acknowledge that they might be exposed to user content that is inaccurate, offensive, indecent or objectionable, and the users agree to waive, and hereby do waive, any legal or equitable rights or remedies they have, or may have, against OodlesIN with respect thereto. OodlesIN does not endorse any user content or any opinion, recommendation, or advice, expressed therein, and OodlesIN expressly disclaims any and all liability in connection with user content. If the user is a content owner, or user, with concerns regarding trademarks, copyrights, or other intellectual property rights, please contact OodlesIN. If notified by a user, or a content owner, of user content that allegedly does not conform to the terms, including, without limitation, allegations of infringement of third-party intellectual property or proprietary rights, OodlesIN may investigate the allegation and determine in its sole discretion whether to remove the user content, which it reserves the right to do at any time and without notice or liability to the user. For clarity, OodlesIN does not permit copyright, trademark, or other intellectual property infringing activities on the website. OodlesIN respects the intellectual property of others and takes the protection of copyrights, trademarks, and all other intellectual property very seriously, and asks that users do the same.
24. Prohibited conduct - By using the website, the user agrees not to:
· Use the website or any related services, for any commercial use or purpose unless expressly permitted by OodlesIN in writing, it being understood that the website and related services are intended for personal, non-commercial use only;
· Use the website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the website and such services as are offered by OodlesIN
· Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials (as defined in section 11, below);
· Post, upload, or distribute any defamatory, libellous, or inaccurate user content or other content;
· Post, upload, or distribute any user content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
· Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the website, or perform any other similar fraudulent activity;
· Delete the copyright or other proprietary rights notices on the website, licensed educational content, licensed educational code, or user content;
· Assert, authorize, assist, or encourage any third party to assert, against OodlesIN or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any licensed educational content, licensed educational code, or user content being used, submitted, or otherwise made available on or through the website;
· Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the website, including, without limitations, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
· Use the website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
· defame, harass, abuse, threaten, or defraud users of the website, or collect, or attempt to collect, personal information about users or third parties without their consent;
· Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the website, licensed educational content, licensed educational code, or user content, features that prevent or restrict use or copying of any content accessible through the website, or features that enforce limitations on the use of the website, licensed educational content, licensed educational code, or user content;
· Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
· Modify, adapt, translate or create derivative works based upon the website or any part thereof, except and only to the extent expressly permitted by OodlesIN herein, or to the extent the foregoing restriction is expressly prohibited by applicable law;
· Intentionally interfere with or damage operation of the website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
25. Links to third-party sites, products and services – The website may include links or references to other web sites or services solely as a convenience to users (reference sites). OodlesIN does not endorse any such reference sites, or the information, materials, products, or services contained on, or accessible through, reference sites. In addition, third-party’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, are solely between the third-party and such advertiser. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at the third-party’s own risk.
26. Ownership & proprietary rights – The website is owned and operated by OodlesIN. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the website are provided by OodlesIN
27. Termination
Termination by OodlesIN.
The user agrees that OodlesIN, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) the user may have with OodlesIN, or use of the website, and remove and discard all or any part of account, user profile, and any user content, at any time. OodlesIN may also in its sole discretion and at any time discontinue providing access to the website, or any part thereof, with or without notice. The user agrees that any termination of access to the website or any account they may have, or portion thereof, may be affected without prior notice, and the user agrees that OodlesIN will not be liable to the user or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies OodlesIN may have at law or in equity. As discussed herein, OodlesIN does not permit copyright, trademarks, or other intellectual property infringing activities on the website, and will terminate access to the website, and remove all user content or other content submitted, by any users who are found to be repeat infringers.
28. TerminationTermination by the user.
User’s only remedy with respect to any dissatisfaction with (i) the website, (ii) any term of these terms of service, (iii) guidelines, (iv) any policy or practice of OodlesIN in operating the website, or (v) any content or information transmitted through the website, is to terminate the terms and the account. The user may terminate the terms at any time by deleting the login account with the website and discontinuing use of any and all parts of the website.
Content – OodlesIN, its suppliers, licensors, affiliates, and partners do not warrant that the data, user content, functions, or any other information offered on or through the website or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
29. Accuracy – OodlesIN, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the website or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
30. Harm to the user’s computer – The user understands and agrees that they use, access, download, or otherwise obtain information, materials, or data through the website (including rss feeds) or any reference sites at their own discretion and risk and that the user will be solely responsible for any damage to their property (including computer system) or loss of data that results from the download or use of such material or data.
31. Permissible use; limited license – The user agrees to use the services only for purposes that are permitted by these terms and any applicable law or regulation. OodlesIN grants the user a personal, limited, non-transferable, non-exclusive license to access and use the services and related OodlesIN content as set forth in these terms, provided that
32. The user’s usage of the services and OodlesIN content as permitted hereunder is solely for personal, non-commercial use;
33. The user will not distribute or transfer any portion of the services on any media without OodlesIN’s prior written approval;
34. The user will not alter, adapt, or otherwise modify any part of the services, or OodlesIN content, other than as may be reasonably necessary to use that part of the services for its intended purpose; and
35. The user will otherwise comply in full with these terms. OodlesIN reserves the right in its sole discretion, to restrict the use of the services, any OodlesIN content, and any third party’s user content at any time, with or without notice for any or no reason.
36. User content – The users are solely responsible for any content that they create, transmit, or display while using the services.
37. The services may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by the user (including any information regarding the good, item or object a user is seeking) (“user content”). OodlesIN does not endorse or approve any user content that the users contribute or post. OodlesIN respects the intellectual property rights of others. The user must have the legal right to upload any user content to the services. The user may not upload or post any user content to the services that infringes the copyright, trademark or other intellectual property rights of a third party nor may upload content that violates any third party's right of privacy or right of publicity. The user may upload only content that they are permitted to upload by the owner or by law.
38. When the user upload user content to the services, they expressly grant to OodlesIN for OodlesIN, its affiliates, employees, agents, representatives, licensors or other third party partners, a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the user content and to provide such user content to any other user of the services, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to user or any third party. The user grant OodlesIN all licenses, consents and clearances to enable OodlesIN to use such user content for such purposes. The users waive and agree not to assert any moral or similar rights they may have in such user content.
39. The services to which the user posts user content also permit other users to access and use that user content. Therefore, the user also grants all other users of the relevant services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute the user content on or through the relevant services without further notice, attribution or compensation.
40. Removal of content – OodlesIN reserves the right (but has no obligation) to remove, block, edit, move or disable user content that is objectionable to us for any reason. The decision to remove user content or other content at any time is in OodlesIN’s sole and final discretion. To the maximum extent permitted by applicable law, OodlesIN does not assume any responsibility or liability for user content, or for any failure to, or delay in, removing user content, or other content. The users are solely responsible for their user content and may be held liable for user content that they post.
41. Rules of conduct – The users agree to the following rules of conduct when using the services or posting any user content:
· The user shall not post, transmit, promote, or distribute content that is illegal including hacking, cracking, taking advantage of exploits or cheats and/or distribution of counterfeit software, for that will harass, threaten, embarrass, or do anything else to another user, that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
· The user shall not transmit or facilitate distribution of content that is harmful, abusive, hateful, racially, religiously or ethnically offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.
· The user shall not disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting by using all caps in an attempt to disturb other users, "spamming" or flooding.
· The user shall not impersonate another person (including celebrities), indicate that the user is a OodlesIN employee or representative, or attempt to mislead users by indicating that the user represents OodlesIN or any other third party that are not.
· The user shall not attempt to get a password, account information, or other private information from anyone else using the services, or post any person’s real-world information without such person’s permission.
· The user shall not upload any content that they do not own or have permission to distribute in accordance with these terms.
· The user shall not upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the services or otherwise interfere with any other person’s ability to use the services.
· The user shall not post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
· The user shall not use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
· The user shall not modify or attempt to modify any part of the services that OodlesIN does not specifically authorize the user to modify.
· The user shall not attempt to use any OodlesIN software on, or through, any service that is not controlled or authorized by OodlesIN.
· The user may not conduct any activities that violate the laws of any jurisdiction including but not limited to intellectual property, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
42. Specific services may also post additional rules that apply to the user’s conduct on those services. If the user encounters another user who is violating any of the rules of conduct, please report this activity to OodlesIN by emailing helpesk@OodlesIN.com
43. Third-party content – The services may include hyperlinks to other third-party web sites, content or resources. OodlesIN has no control over such third-party websites, content or resources. The user acknowledges and agrees that OodlesIN is not responsible for the availability of any such sites, content or resources and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
44. Confidentiality of passwords – Uses of certain services require the user to create an account and password. The users are responsible for maintaining the confidentiality of all such passwords.
45. Privacy – The users agree to OodlesIN's privacy policy, which is incorporated by reference into these terms.
46. Personally, identifiable data.
47. OodlesIN may receive student records data, including personally identifiable information about students, from educational institutions (including teacher, administrators and representatives of such). OodlesIN will only use such information about students in accordance with the purposes for which the information was provided by the educational institution and will act only on the instructions of the educational institution in processing such data about students.
48. Any educational institution, or any teacher, administrator or representative thereof, that submits any educational records data or personally identifiable data about any student to OodlesIN, represents and warrants.
49. OodlesIN will not release any student data to any third parties, except as disclosed in its privacy policy. In general, OodlesIN will not release any student data to third parties except where required or permitted by law, including in response to a subpoena, court order or other legal process, and, as permitted, in the context of a sale of the whole or part of its business or assets thereof.
50. Authorized users – By using any services, the user affirms that they are at least 13 years of age. If the user is under the age of 13 years, they cannot access or use the services without the consent of a legal parent or guardian and his or her agreement to these terms on the child member’s behalf and his or her full responsibility for the child member’s compliance with them. The user agrees that the user and/or the parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these terms, and to abide and comply with these terms. The user may not access or use the services, or create and account, if they are unable to form a legal binding agreement with OodlesIN.
51. Advertising – Some of the services are supported by advertising revenue and may display advertisements and promotions. The manner, mode, and extent of advertising on the services are subject to change without notice.
52. Changes to the service – OodlesIN updates the services frequently. The user agrees that OodlesIN can make changes, additions, substitutions, and reductions to the services without notice, and that OodlesIN is not liable to the user for these changes.
53. Disclaimer of warranty – The users’ utilization of the services is at their own risk and the services are provided "as is" and as available. To the maximum extent permitted by applicable law, OodlesIN disclaims all warranties of any kind, whether express, statutory or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, quality, functionality, availability and non-infringement, unless such warranties are legally incapable of exclusion. OodlesIN does not represent or warrant that the services will meet the users’ requirements or that the services will be uninterrupted, timely, or free from error, that errors will be corrected in a timely manner, or that the user will be able to access or use the services at times or locations of the users’ choosing.
54. Limitation of liability – The user understands and agrees that, to the maximum extent permitted by applicable law, OodlesIN, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors will not be liable to the user for:
55. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the user, however caused and under any theory of liability, arising out of or related to the user’s utilization of the services or these terms. This shall include but not be limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, any loss of data, cost to procure of substitute goods or services, or other intangible loss; or
56. Any loss or damage that may be incurred by the user as a result of: any changes that OodlesIN may make to the services; any permanent or temporary cessation in the provision of the services or any features of the services); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the user’s utilization of the services; or the user’s failure to keep the password or account details secure and confidential.
57. The user acknowledges and agrees that the sole and exclusive remedy for any dispute with OodlesIN, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors arising out of or relating to the services or any OodlesIN content is to stop using the services, and to cancel the user’s account. The user acknowledges and agrees that OodlesIN, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the services. In no case shall the liability of OodlesIN, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors to the user exceed the amount that the user has paid to OodlesIN for the services.
58. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential, indirect, exemplary, special, punitive or incidental damages, in such states or jurisdictions, the liability of OodlesIN, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors shall be limited to the full extent permitted by law.
59. Indemnification – Upon OodlesIN’s request, the user agrees to defend, indemnify and hold harmless OodlesIN, its owners, subsidiaries, directors, employees, attorneys, affiliates, agents, representatives, and licensors against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys' fees, that arise from or relate to:
60. A breach of these terms by the user;
61. Any user content provided by the user on or through the services; and
62. Use or misuse of the services or OodlesIN content by the user.
63. OodlesIN reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to defence by the user. This section shall survive termination of these terms.
64. Termination of the service – OodlesIN reserves the right to stop providing the services to the user at any time for any reason without prior notice.
Quiz
1 . GENERAL TERMS
These Terms of Service are executed between you (hereinafter referred to as User") and us i.e., Oodles Infology Private Limited (hereinafter referred to as "OodlesIN/the Company") and governs the usage of the Services (as defined hereinafter), the Platform (as defined hereinafter) and/or the Application (as defined hereinafter).
The OodlesIN website ("Service") is a hosted service operated by Oodles Infology Private Limited. (Referred to as "OodlesIN"). Any use of the Service is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to OodlesIN's Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Service will constitute your acceptance of these terms and conditions.
Please read the following terms of service ("Terms of Service") carefully before registering on, accessing, browsing, downloading or using the Services, the Platform and/or the Application and you understand and agree to be bound by the terms and conditions of these Terms of Service and the Privacy Policy, and any related documents and modifications or amendments made thereto by OodlesIN from time to time, at its sole discretion. If the User does not agree to these Terms of Service, it is not authorized to use the Services, Platform and/or Application.
By accepting these Terms of Service, the User represents that it has the capacity to enter into or, if it is acting on behalf of an entity, that the User has the authority to bind such entity to a legally binding contract, and the User agrees that these Terms of Service legally bind the User or the entity on behalf of which it purports to act, in the same manner as a signed, written, paper contract. OodlesIN empowers parents and legal guardians of children younger than the age of consent (in the U.S., this means under 13) who have registered accounts with OodlesIN to exercise their legal rights pursuant to legislation such as COPPA. Parents/guardians can consent to collection and use by OodlesIN of a child's personally identifiable information (PII) without consenting to the disclosure of information to third parties by OodlesIN. Currently, the only personal information we collect from a child younger than 13 is their parent's or guardian’s email address and necessary required information.
The User confirms, represents and warrants that it is above the age of 18 (eighteen) years or the age of majority in the jurisdiction of your residence. OodlesIN reserves the right to terminate your access and refuse to provide you with access to the Platform and/or Application if we discover that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction.
You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws (as defined hereinafter); and (ii) making valid payment to OodlesIN for Services on the Platform and/or the Application.
Further, accessing and/or using the Services, Platform, and/or Application and/or using any of the information provided therein shall be deemed to signify the User's unequivocal acceptance of these Terms of Service and the Privacy Policy (as defined hereinafter) and the Privacy Policy (as defined hereinafter). The User expressly agrees and acknowledges to be bound by the Terms of Service, regardless of however the User or anyone on the User’s behalf has accessed, installed, downloaded or used the Services, Platform and/or Application and whether or not the User has registered on the Platform.
In the event that the User or anyone acting on the User's behalf does not wish to be bound by the Terms of Service, the User (or the legal person/entity acting on the User's behalf) unequivocally agrees to refrain from accessing, browsing, downloading, using or retaining the Services and/or Platform and/or Application on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly is in contravention with the Terms of Service and will render the User liable for legal and punitive action. You confirm that you are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform, Application and Services, any transaction you enter into on the Platform and/or Application, or in connection with your use of the Platform and/or Application.
These Terms of Service are made between you and us and shall come into effect on the date which you access the Platform and/or Application and/or download the Application and/or your Account is created whichever is earlier, and shall continue unless and until terminated by us or you.
2. DEFINITIONS
The following expressions shall have the meanings as set forth below:
"Account" shall have the meaning ascribed to it in Clause VIII of these Terms of Service.
"Applicable Laws" shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.
"Application", singular or plural, refers to any of OodlesIN's html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs.
"Bonus Coin/ticket" is an award that may be given to any User at OodlesIN’s sole discretion for participating on the Platform, for referring a friend or for purchasing Coins (as defined hereinafter) or for any other promotional activity undertaken by OodlesIN at its sole discretion. The Bonus Coins / Ticket shall have no monetary value but the same can be used by the User for entry into such contests on the OodlesIN Platform and / or application wherein the Bonus Coins / Ticket is acceptable.
"Coin / winning Coin " shall man and refer to a unit of in-game currency which may be purchased by the User for participating in the Contests (as defined hereinafter). It is clarified that Twenty Coins shall be equivalent to One Indian Rupee. "Content" means all information that is created, uploaded, posted and stored on the Platform and/or Application such as text, photos, audio, video, or other materials and information, and includes any other information made available by OodlesIN on or through the Platform or Application, including proprietary OodlesIN content and any content licensed or authorized for use by or through OodlesIN from a third party.
"Contest" means and refers to the quizzes and other skill based competition offered by OodlesIN on the Platform in which Users compete for Winnings. Contests may be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay an Entry Fee for participation, whereas free to play Contests are open to all Users without any Entry-Fees.
"Data Protection Law" means any data protection, data security or privacy law, including, without limitation, the Indian Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the EU General Data Protection Regulation 2016/679 applicable for Users from the European Union (the "GDPR") and any laws governing Personal Data, Sensitive Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.
"Entry-Fees" refers to the fee which Users pay either in the form of Bonus Tickets or Coins available in their Account to participate in a Contest on the Platform.
"Governmental Authority" means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.
"Intellectual Property" or "IP" includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.
"Intellectual Property Rights" or "IP Rights" include: (i) all rights, title, and interest under any statute or under applicable law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
"Losses" shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding.
"Misuse" or "Abuse" means content that is inconsistent with the spirit of the Terms of Service, even if it is something that is not expressly or impliedly forbidden by the letter of these Terms of Service. In other words, if you do something that is not prohibited here verbatim but is not expressly allowed or provided for by the Terms of Service, OodlesIN is wholly entitled to use its discretion to remove the said content from the Platform and from all other appropriate places.
"Party" refers individually to each of you and OodlesIN.
"Parties" refer to both you and OodlesIN jointly.
"Personal Data" means any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Information includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes "personal data" under the GDPR or similar terms under other Data Protection Law.
"Platform" shall mean and include OodlesIN's website "https://www.OodlesIN.com", the Application or such other websites and/or mobile applications powered by OodlesIN.
"Prize Pool" is the actual or projected amount of real money (in Indian Rupees) that is to be distributed amongst the top-ranking winner(s) of the Contest and is declared at the start of the Contest.
"Sensitive Personal Data or Information" with respect to a person means such personal information which consists of information relating to: (i) password; (ii) financial information such as bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
"Services" shall mean the various skill and learning digital games offered on the Platform by OodlesIN along with other promotional and interactive features.
"User Content" means any content such as text, photos, audio, video, or other materials and information, including any quizzes and other competitions, created, uploaded, posted, sent, received and stored on or through the Platform and/or Application by the User.
"We" capitalized or otherwise, refers to OodlesIN and related phrases "us" and "our" should be understood accordingly.
"Winnings" refers to awards (in the form of Coins) given to a User for winning or/and performing well (in accordance with specific parameters decided upon by OodlesIN and communicated to the Users) in a particular Contest on the Platform.
"You" capitalized or otherwise, means the User. "Your" capitalized or otherwise, has a corresponding meaning.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, the Platform and/or the Application or any contact on the Platform through which the Service is provided, without express written permission by OodlesIN.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
Employees of OodlesIN (including relatives, as defined under the Companies Act 2013) and of their group companies, affiliate or associate companies shall not be eligible for any of the Winnings under Contest whatsoever. In instances where we have excluded “Employees” from rewards, and it comes to our knowledge that the winner is an employee of OodlesIN or their family members or relatives, then we reserve the right to forfeit such Winnings.
4. NATURE OF THE SERVICES AND THE PLATFORM
OodlesIN provides/hosts the Platform to the Users to play certain Contests and other online games. The Services may change or be modified from time to time without prior notice or communication to the User. Furthermore, OodlesIN may, at its own discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services or Account without prior notice or communication and shall not be liable to the User for such discontinuation.
When accessing any Quiz / games, whether paid or free to play, and Contests included in the Services, the specific rules, scoring, controls and guidelines for each Quiz / game, quiz and Contest shall be found within the game, quiz or contest itself. Such rules shall be deemed to be an integral part of the Terms of Services, which Users shall agree to and comply with.
We do not warrant that the quality of any Services, information, or other purchases made by you or obtained by you will meet your expectations, or that any errors in the Service will be remedied. We have made every effort to display the maximum possible information on our Platform and Application. We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services or Services pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The User may participate in any Contest wherein the User contributes the Entry Fees (using Coins and/or Bonus Tickets subject to the specific rules of that Contest) towards the Prize Pool of such Contest, which will be passed on to the winner(s) of the Contest, minus the Fees (as defined hereinafter) after the completion of the Contest, as per the terms and conditions of such Contest. It is clarified that OodlesIN has no right or interest in this Prize Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Pool would also be debited from the User’s account balance or the Bonus coins / Tickets, as the case may be.
The User is exclusively responsible for obtaining and maintaining all the necessary equipment, software and hardware, including a stable internet connection, for accessing the Services, the Platform and/or the Application and for ensuring the compatibility of the same with the Platform and/or the Application. The User shall be solely responsible for all charges related thereto. The User agrees and acknowledges that OodlesIN shall not be liable for: (i) any damage to the User's equipment from the use of the Services; the Platform and/or the Application; and/or (ii) any damage or Losses, including monetary losses, incurred by the User due to a fault at the User's end including but not limited to faulty equipment, loss of internet access, low bandwidth, slow speed of the User's internet connection, incompatible device, etc.
5. ACCEPTANCE AND RESPONSIBLE GAMING
By accepting these Terms of Service, you are fully aware that there is a risk of losing Coins / money while participating in the Contests and you are solely responsible for any such loss suffered by you. You agree that your use of our Services is at your sole option, discretion and risk.
OodlesIN does not support, endorse or in any way promote gambling and OodlesIN shall not be liable if Users do not adhere to the rules as set forth in the Contest and/or otherwise engage in gambling and betting activities on the Platform.
OodlesIN recommends that Users adopt a responsible approach while using the Services and safeguard themselves against any adverse effects.
6. DISCLOSURE REGARDING GAME OF SKILL
Users must note that the Contests held on the Platform are all skill / Knowledge based competitions and games of skill are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867and other state enactments.
A few Indian states including In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below ("Restricted States") have incorporated certain restrictions with respect to games of skill and we do not Encourage the users to play, the Application and/or the Platform in such Restricted States.
Supreme Court of India in the case of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) elaborates on what comprises a 'Game of Skill' as under:
“A game of skill, on the other hand- although the element of chance necessarily cannot be eliminated is one in which success depends principally upon the superior knowledge, training attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill. The Courts have reasoned that there are few games, if any, which consists purely of chance or skill, and as such games of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is dominant element – “skill” or “chance” – which determines the character of the game”.
The performance/ranking of a User in all quiz based Contests rests predominantly on their superior knowledge, experience and dexterity and the ability to answer the question correctly. The format of the Contest connects multiple Users to play against each other. The Users who are ranked amongst the top 33% (thirty-three percent) to 40% (forty percent) [depending upon the number of entries in each contest] of the Contest basis the accuracy of the answer as well as the time taken to answer the questions, subject to the User having a non-zero answer (i.e. the User has at least answered one question correctly) are eligible to earn Winnings for that Contest. OodlesIN does not decide the winners or the loser as well as the ranking in any particular Contest and the same is based on the rules of the Contest.
By participating in any of the quiz-based Contests, each User acknowledges and agrees that it is participating in a game of skill and the same is not considered as gambling.
7. ELIGIBILITY
Use of the Service is void where prohibited. The Service is for users of all ages. For children younger than 13, OodlesIN offers a limited feature set and OodlesIN will obtain parental consent. We designed our system to permit children to use OodlesIN without OodlesIN collecting personally identifiable information other than persistent identifiers that recognize the OodlesIN user as a repeat visitor. By using the Service, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and, (c) your use of the Service does not violate any applicable law or regulation. The Contest(s) are open to persons above the age of 18 (eighteen) years or consent with the guardian/parents, and above the legal age for Skill/knowledge-based games in the jurisdiction in which you reside, to avail our Services. The age of majority as per Applicable Law.
The Contest(s) are open only to persons, currently residing in India, excluding those persons residing in the Restricted States.
OodlesIN may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Restricted States cannot participate in any Contests that distribute Winnings as the laws of the Restricted States are unclear/bar Users from participating in Contests, games, events or quizzes where participants are required to pay to enter.
Participants who wish to participate must have a valid email address, registered Account, PAN, Aadhaar Card and bank account in India.
OodlesIN may, on receipt of information or reasonable suspicion, at its sole discretion, bar a User from participation and/or withdrawing Winning amounts if such User is found to possess any insider knowledge of questions to be asked in the Contests.
Only those Users who have successfully registered on Application as well as registered prior to each Contest shall be eligible to participate in the Contest and eligible to earn Winnings and/or any other prizes.
To play a game, at-least 2 (two) participants are required. In case only one participant joins, a User can play for fun. In such cases, no Entry Fees will be charged by the Company and there will be no winning/losing involved or Winnings distributed.
8. CREATING AN ACCOUNT - Your OodlesIN Account and Data:
The User shall be required to register and create an account ("Account") on the Platform to be able to access the Services, including the Contests, etc. You will at all times be responsible for maintaining the confidentiality of the Account information, its password and are fully responsible for all activities that occur under your Account. You agree to (i) immediately notify OodlesIN of any unauthorized use of the Account information or any other breach of security; and (ii) ensure that you exit/log out from the account at the end of each session. OodlesIN cannot and shall not be liable for any loss or damage, including any monetary loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by OodlesIN or any other customer or visitor to the Platform and/or Application due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
You may also register an Account through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Account and your SNS Account at any time, by accessing the "Settings" section of the Platform.
Please note that the User shall not be charged any fee for registering and/or creating an Account with OodlesIN on the Platform and your access to the Platform, and Application is free of charge. However, you may be charged an Entry-Fees for participating in any Contest and/or for making any in-app purchases, including purchasing Coin packages.
If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify OodlesIN of any unauthorized uses of your data, your account or any other breaches of security. OodlesIN will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. OodlesIN may from time to time set storage limits for your data, or take any other measures OodlesIN considers appropriate to manage the Service. OodlesIN may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice.
9. Creating a Bank Account –
OodlesIN is not liable for any inconsistency resulting from the opening of a bank account or any transactions made on it. To create a bank account, a user must complete the profile and supply all required and pertinent documentation. For any such discrepancy, the user must contact the appropriate bank.
Verification
We verify all of our User's identities to comply with the requirements of our licenses, our responsibility to prevent underage gaming and to prevent crime and illegal activities, including usage of the Services in Restricted States. At registration, you are required to enter your personal details, such as name, address, and date of birth and upload a copy of your Aadhar Card as issued by the respective Governmental Authority.
If you cannot be verified based on the documents provided or are unable to provide the requested documents, you must provide additional information until we are able to successfully verify your identity. If we cannot complete verification, we may, at our sole discretion, terminate your Account.
Underage Gaming
You must be at least 18 (eighteen) years of age or consent with the guardian/parents, and above the legal age for Skill/knowledge based games in the jurisdiction in which you reside, to avail our Services. If we have reason to believe or suspect that you may be under age:
Your Account will be frozen; and
No further gaming on the Platform and/or Application will be permitted until we have successfully verified your age or consent of guardian /parents.
We may withhold any funds in your Account until your age or consent is successfully verified. If, on completion of the verification process, you are found to be to meet verification process, OodlesIN shall forthwith terminate your Account and will not be liable to return to you any deposits pending in the Account. We may also further be required to report you to the relevant Governmental Authority for contravention of the Applicable Law.
Single Account
You may only register and operate a single Account. If you are operating multiple accounts we reserve the right, at our sole discretion, to suspend and/or terminate all accounts without the User's consent and any balances and deposits (belonging to you) shall be deemed forfeited.
Accuracy
At the time of registration, you shall ensure that the Account information provided by you is complete, accurate and up-to-date. Use of another User’s Account information is expressly prohibited. OodlesIN may also require you to undergo a KYC verification process at any time during your use of the Platform and the Services, and in any event, prior to making any withdrawal from the Account to your bank account.
You are further required to keep your personal details up to date at all times. If you change your address, e-mail, phone number, form of payment/bank account or any other contact details or personal information, please contact customer services, as provided below, in order to update your Account information.
10. ENTRY-FEES AND FEES
The Platform and Application may be browsed free of charge by a User. However, for all Contests entered into by the Users, the User shall be charged an Entry-Fees which shall cumulatively (total Entry Fees of all Users signed up for that particular Contest) comprise the Prize Pool. When the User opts to join a Contest, the Entry Fees shall be deducted from the Bonus Coins /Tickets first and if there are no Bonus Coins Tickets in the User's Account, then the requisite amount shall be deducted from the Purchased Coins, and in the event, there are no Coins available in the Account, then such Entry-Fees shall be deducted from the Winnings of the User.
Presently, OodlesIN charges a fixed fee of 20%(twenty percent) of the Entry Fees of the Contest, inclusive of GST ("Fees") and the remaining 80% (eighty percent) Entry Fees forms part of the Prize Pool for any Contest which is then distributed as Winnings. It is clarified that the Fees charged is subject to OodlesIN's discretion and may vary in case of certain Contests. OodlesIN as an introductory offer shall not charge the above-given fee of 20% till 31st November 2022 to its users. However, the said offer may be extended to a further date or rescinded earlier by OodlesIN at its discretion.
Any amount received by OodlesIN as Entry Fees, including the Fees, shall be non-refundable except wherein the Contest has been cancelled or where there has been an error in the Services.
In the event of cancellation of an event or an error in the Services, OodlesIN may refund the Entry Fees after investigation into the matter by OodlesIN. If any amounts are to be refunded to the User after the conclusion of the investigation by OodlesIN, we shall process your request and refund the Entry Fees or part thereof, as the case maybe, within a reasonable amount of time into your Account, which may then be utilized towards other Contests held on the Platform and/or Application.
The Fees for the Services are subject to change without notice.
11. PRICING
The User may, at its own discretion, choose to make certain in-app purchases, including purchase of Coins, for playing in the Contests. The price payable by you for any such purchase shall be indicated on the Platform itself and shall be exclusive of any applicable taxes, levies and any other statutory dues by whatever name called.
In the event a User initiates a transaction for in-app purchases, including for purchase of Coins, for which the amount has been debited from the bank account of the User but no corresponding purchase is demonstrated in the Account, OodlesIN recommends that the User contact its bank forthwith for a speedy resolution of the discrepancy
OodlesIN reserves the right to change the price and specifications in relation to any in-app purchase at any time without prior notice. You are obligated to confirm the price mentioned on the Platform before making any purchase.
In connection with your requested purchase, you will be asked to either (i) provide customary billing information such as name, billing address and credit/debit card information; or to (ii) confirm the billing information which has already been submitted to OodlesIN or its third-party payment processor. You hereby authorize the collection of such amounts by charging the credit/debit card provided and/or using any UPI ID, either directly by OodlesIN or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform and/or Application. If you are directed to OodlesIN's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review their terms and conditions and privacy policy before using the services. You will be solely responsible for the security and confidentiality of your credit/ debit card details or any other payment related details. OodlesIN expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or any other payment related details. Once your transaction is complete you will receive a confirmation email summarizing your purchase from OodlesIN or its third party processor, as applicable.
From time to time, we may offer special promotions for some or all of our Services, including discounts, limited edition Coins, etc. These offers may be for a limited time only and OodlesIN reserves the right to change or discontinue such offers at any time.
If we are unable to collect any amounts you owe for a purchase made by you on the Platform and/or the Application, we and/or the respective third party processor may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to us by you. Such communication may be made by us or by anyone on our behalf, including but not limited to, a third-party collection agent.
12. WINNINGS AND PAYMENT DETAILS
Winnings
The extent of the Winnings for all Contests shall be declared at the time a User registers to participate in any specific contest and the Prize Pool has been determined. You may withdraw your Winnings by means of any third party Wallet or an electronic bank-to-bank transfer for the amount of the Winnings, subject to a minimum withdrawal amount of Rs. 100/- (Rupees One Hundred Only).
You agree that all withdrawals you make are governed by the following conditions:
OodlesIN can ask you for KYC documents to verify your address, age and identity at any stage. Withdrawals will be permitted only from the Account for which such KYC process is complete and after the applicant TDS has been deducted.
All Coins won by the User from any Contest are deposited as Winnings to the Account of the User. However, in the event that any Bonus Coins / Tickets have been used as the Entry-Fees for any Contest, the entry fee for the said contest shall be deducted from the total number of Coins awarded as Winnings to the User from that particular Contest.
You can choose to withdraw the Winnings from your Account at any time, subject to Bonus Coins/ Tickets / promotional money withdrawal restrictions. The User further agrees and acknowledges that Coins once purchased / amount added to wallet shall not refunded and may not be withdrawn by the User into your own bank account other than in certain extenuating circumstances and on a case-to-case basis, wherein OodlesIN may agree, in its sole discretion, to refund the value of the coins with the deduction amount as per transactional fee, or part thereof to the User.
Your promotional money/Bonus Coins / Tickets can be used to play cash play Contests, but will not be eligible to be transferred to your bank account via withdrawals or to any other User Account. Any such transfer request will be eligible for cancellation.
OodlesIN prohibits Users to use our Application, Services and/or Platform, as an intermediary platform for transferring money. The money deposited should be used for playing Contests, making in-app purchases and other chargeable features of the Application. If a User is found doing any such activity, then OodlesIN reserves the right to suspend the Account until further notice.
The User agrees and acknowledges that OodlesIN does not issue receipt for entries in the Contests. The entries are accounted within the Account on the Platform. It is the responsibility of the Users to ensure that the entries are accurate and the Winnings are duly credited to its Account.
Once notified, post verification of the withdrawal request, we may disburse the specified amount through any third party wallet or electronic bank transfer based on the mode of withdrawal selected by you. We shall make our best efforts to honour your choice on the mode of withdrawal, but reserve the right to always disburse the specified amount to you by Paytm or bank transfer. We also reserve the right to disburse the amount on the financial instrument used to add Coins to your Account.
Withdrawals attract processing charges as per the prevalent policy of the third party payment processor as well as the Reserve Bank of India.
We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your Account.
To be eligible for Winnings, you must be a resident of India and access the Services, Platform and Application of OodlesIN from India, barring the Restricted States. If you are a prize winner living in India and are physically present in India while accessing the Services of OodlesIN but are not an Indian citizen, we will remit your Winnings in Indian Rupees to the address given by you, provided, the address is within India, barring the Restricted States.
Credit Checks
OodlesIN reserves the right to run credit checks on all cardholders with third party credit agencies on the basis of the information provided on registration.
Credit
Participation on credit is prohibited at OodlesIN.
Financial Institution Interest
OodlesIN is not a financial institution and thus any deposits made into your Account are not due for any interest payments on the deposit(s) whatsoever.
No legal or tax advice
OodlesIN does not provide advice regarding tax and/or legal matters. Users who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors. You are solely responsible for any applicable taxes on any Winnings that you collect from OodlesIN.
No arbitrage
You are strictly prohibited from utilizing OodlesIN and its systems to facilitate arbitrage. Where OodlesIN deems that you have deliberately used the systems for financial gain through arbitrage, any gains will be forfeited and deducted from your balance without warning or notification.
13. TDS AND TAX POLICY
All Winnings per Contest shall be subject to deduction of tax at source ("TDS") as per the Income Tax Act, 1961. As of April 1, 2021, the TDS rate prescribed by the Government of India with respect to any winning/prize above Rs. 10,000/- is 30% (in case of Indian Residents players) and 31.2% in case of (non-resident players) of the total winning/prize amount per game / quiz.
In case of any revisions by the Government of India or the respective Governmental Authority to the aforementioned rate in the future, TDS will be deducted by OodlesIN in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Winnings.
The User will have to provide their valid PAN card copy of Self /guardian / parent so that OodlesIN can file TDS deducted accordingly.
No TDS shall be deducted if the Winning per Contest are up to, or less than, Rs. 10,000 on OodlesIN Games/Quizzes.
14. BONUSES AND PROMOTIONAL OFFERS
Separate Terms and Conditions
OodlesIN may, from time to time, offer Bonus Coins / Tickets, promotions and/or competitions, which are governed by separate terms and conditions. Any Bonus Coins / Tickets or special gift cards or coupons credited to your Account must be used in adherence with such terms and conditions.
In the event and to the extent of a conflict between these Terms of Service and the terms and conditions applicable to Bonus Tickets and promotional offers, the specific terms and conditions applicable to Bonus Coins / Tickets and promotional offers shall prevail.
Promotion
Refer a Friend ("RAF"): You can invite a friend, acquaintance or any other person to use the Services available on the Platform and/or Application by accessing the "Refer - A - Friend" feature on the Platform and the Application. The RAF bonus plan shall be governed by the additional terms and conditions provided in the RAF section on the Application.
Right to Rescind
OodlesIN reserves the right to withdraw any promotional offer, including the offering of Bonus Coins/Tickets, at any time, subject to the promotional offer having a specific eligibility period.
Eligibility Of Offers
All OodlesIN offers are intended for recreational customers and we may, in our sole discretion, limit the eligibility of Users to participate in any given promotion. We reserve the right to withdraw the availability of any offer or all offers to any User.
In addition to the specific requirements of any promotional offer, all offers are limited to one person, family household address, e-mail address, telephone number, same payment account number (e.g. debit or credit card, etc.) and shared computer, e.g. school, public library or workplace.
Bonus Coins /Tickets
The Bonus Tickets, which OodlesIN may, at its sole and absolute discretion, grant to a User as part of a promotional activity, can be used by the User for the purpose of setting off against the contribution to the Prize Pool as Entry Fees in any Contest. As set forth in Clause XI, the User shall not be permitted to withdraw or transfer the Bonus Coins / Tickets to any other third party account of the User. The Bonus Coins / Tickets shall not have any monetary value.
In the event that Bonus Coins / Tickets are used as Entry Fees to participate in a Contest and the User is eligible to Winnings on completion of the Contest, the amount payable for the Entry Fees shall be deducted from the User’s Winnings from that particular Contest. In the event a User's Winnings do not surpass the amount of Bonus Coins/ Tickets used by you as Entry Fees in the Contest, no amount shall be credited to such User as Winnings.
The deposit of the Bonus Coins / Tickets shall be at the sole discretion of OodlesIN and it may substitute or change the Bonus Tickets amount offered under a promotion at any time without notice. The decision of OodlesIN will be final and binding with respect to the promotions and the prizes therein and no correspondence, objection, complaints, etc. will be entertained in this regard. No promotion may be clubbed with any of other offers/promotions that are running simultaneously and organized or conducted by OodlesIN.
15. Prohibited Content and Activities, and Responsibility of Contributors: If you create quizzes, comment via the discussion boxes, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other format in which OodlesIN stores data. You are also entirely responsible for ensuring that you are lawfully entitled to use any information and content. OodlesIN does not assume any responsibility for damage caused by your acts, errors, omissions or negligence with respect to the content you post to OodlesIN.
The OodlesIN Service is intended to be educational. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service. OodlesIN reserves the right to suspend or terminate your ability to access OodlesIN if you post illegal or prohibited content on OodlesIN. OodlesIN further may investigate and take appropriate legal action against anyone who, in OodlesIN's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the accounts of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of OodlesIN:
· is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
· harasses or advocates harassment of another person;
· exploits or encourages the exploitation of people in a sexual or violent manner;
· contains anything sexually suggestive, nudity not related to the study of art, medicine or another bonafide educational field, portrays or glorifies excessive violence without educational merit, or constitutes offensive subject matter;
· solicits personal information from anyone under 18;
· publicly posts information that poses or creates a privacy or security risk to any person;
· includes information about another person that you have posted without that person's consent;
· violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
· constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
· constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
· solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
· involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
· furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
· involves commercial activities and/or sales without prior written consent from OodlesIN such as contests, sweepstakes, barter, advertising, or pyramid schemes.
The following are examples of the kind of activity that is illegal or prohibited on the Service. OodlesIN reserves the right to investigate and take appropriate legal action against anyone who, in OodlesIN's sole discretion, violates this provision, including without limitation, reporting you to law enforcement or national security authorities. Prohibited activity includes, but is not limited to:
· criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
· circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
· organizing or encouraging acts of violence;
· impersonating or attempting to impersonate another user, person or entity;
· using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
· using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;
· activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
· any automated use of the system, such as, but not limited to, using scripts to create or post Content;
· interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
· displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that person;
· using the Service in a manner inconsistent with any and all applicable laws and regulations; or
· reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion or use of, or access to, the Content and/or services offered throughout this Service (unless you have been specifically allowed to do so in a separate agreement).
By making Content available, you represent and warrant that:
· the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
· if your employer has rights to intellectual property you create, you have either: (i) received permission from your employer to post or make available the Content, including but not limited to any software; or (ii) secured from your employer a waiver as to all rights in or to the Content;
· you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
· content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
· content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
· content is not obscene or libellous, and does not violate the privacy or publicity rights of any third party; and
· have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by OodlesIN or otherwise.
16. Responsibility of Service Visitors: OodlesIN has not reviewed, and cannot review, all of the material posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, OodlesIN does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OodlesIN disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OodlesIN links, and that link to OodlesIN. OodlesIN does not have any control over those non-OodlesIN websites and webpages, and is not responsible for their contents or their use. By linking to a non-OodlesIN website or webpage, OodlesIN does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. OodlesIN disclaims any responsibility for any harm resulting from your use of non-OodlesIN websites and webpages.
17.Trademarks: OodlesIN, OodlesIN.com, the OodlesIN.com logo, and all other trademarks, service marks, graphics and logos used in connection with OodlesIN, or the Service are trademarks or registered trademarks of OodlesIN or OodlesIN's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any OodlesIN or third-party trademarks.
18.Changes: The Service, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of OodlesIN and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
19.Limitation of liability of OodlesIN, its suppliers and its licensors: Except as otherwise expressly stated, in no event will OodlesIN, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if OodlesIN, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against OodlesIN, its suppliers and its licensors arising out of or related to use of the Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to OodlesIN during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 10 represents a reasonable allocation of risk.
20. USER CONDUCT
Users agree to abide by these Terms of Service, the Privacy Policy and all other rules, regulations and terms of use of the Platform and Application. In the event a User does not abide by these Terms of Service, the Privacy Policy and all other rules, regulations and terms of use, OodlesIN may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
Restricting, suspending, or terminating any User's access to all or any part of the Services;
Deactivating or deleting a User's Account and all related information and files on the account. Any amount remaining unused in the User's Account or as part of the Winnings on the date of deactivation or deletion shall be transferred to the User's designated bank account subject to a processing fee (if any) applicable on such transfers; or
Refraining from awarding any prize(s), Winnings to such User thereon.
Your usage of the OodlesIN offerings shall be subject to the following:
You shall not create an Account using a false identity or information or on behalf of someone other than yourself;
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
You shall not have an Account or use the Service if you have previously been removed by OodlesIN or previously been banned from playing any games or Contests on OodlesIN, OodlesIN at its sole discretion may allow you to create/reopen such Account;
If you are residing in any Restricted State within the territory of India, or any other State, which disallows you from participation in the Contests or from downloading/using the Application and or the Platform, then you shall not be entitled to participate in the Contests, wherever the Services, or any part thereof, are prohibited by Applicable Law as per the respective Governmental Authority in force now and/or which may be notified in the future.;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
You shall not use the Platform, the Application or your Account to engage in any illegal conduct or violate any Applicable Laws;
You shall not, through any act or omission, 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 to any other nation;
You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items associated with your Account to anyone without our written permission;
You shall refrain from posting, using, publishing, submitting, or transmitting any information or User Content that:
(a) Infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy;
(b) Violates, or encourages any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability;
(c) Is fraudulent, false, misleading or deceptive;
(d) Is blasphemous, defamatory, obscene, libellous, pornographic, paedophilic, vulgar or offensive;
(e) Promotes, looks, sound like, stands for, hints at, abbreviates, or insinuates discrimination, profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), bigotry, racism, hatred, harassment or harm against any individual or group,
(f) Harms minors in any way;
(g) Is violent or threatening or promotes violence or actions that are threatening to any other person;
(h) Relating or encouraging money laundering or gambling;
(i) Promotes harmful or illegal activities or substances;
(j) Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(k) Creates liability for the Company or causes it to lose (in whole or in part) the services of ISPs or other suppliers;
You shall not carry out cheating of any kind (including by exploiting any bug or error) which is expressly prohibited and this includes exploiting any deficiency in our code or design, or in the code or design of any third-party product or service used in connection with the Services, to gain an unfair advantage or to gain unauthorized privileges, access or abilities not clearly intended by design. Communicating information about such activities to others will also be considered cheating.
You are responsible for any use of your credit card or other payment instrument;
You agree to receive promotional messages relating to various in-game activities through short messaging services, electronic mails, push notifications and other means. If you wish to unsubscribe to the messaging services, please contact at the email if provided to you for unsubscribing;
You shall not use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Platform, Application, Services or Content
You shall not copy, store or otherwise access any information contained on the Platform, Application, Services or Content for purposes not expressly permitted by these Terms of Service and/or the Privacy Policy;
You shall not infringe the rights of any person or entity, including without limitation, their Intellectual Property, privacy, publicity or contractual rights;
You shall not interfere with or damage our Platform, Application, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
You shall not use our Platform, Application, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
You shall not "stalk" or harass any other user of our Platform, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User
You shall not use automated scripts to collect information or otherwise interact with the Platform, Application or Services
You shall not systematically retrieve, copy or download data or other Content from our Platform, Application, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, either for your benefit or for the benefit of any other persons;
You shall not use, display, mirror or frame the Platform or Application, or any individual element within the Platform, Application, or Services, OodlesIN's name, any OodlesIN trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OodlesIN's express written consent;
You shall not access, tamper with, or use non-public areas of the Platform and/or Application, OodlesIN's computer systems, or the technical delivery systems of OodlesIN's providers;
You shall not attempt to probe, scan, or test the vulnerability of any OodlesIN system or network or breach any security or authentication measures;
You shall not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OodlesIN or any of OodlesIN's providers or any other third party (including another user) to protect the Platform, Application, Services, Content;
You shall not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Application, Services, or Content to send altered, deceptive or false source-identifying information; or
You shall not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Application, Services, or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
OodlesIN will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OodlesIN may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. You acknowledge that OodlesIN has no obligation to monitor your access to or use of the Platform, Application, Services, or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform, Application, and Services,
(a) To ensure your compliance with these Terms of Service, including investigation of potential violations hereof;
(b) To comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental Authority;
(c) Detect, prevent, or otherwise address fraud, security or technical issues;
(d) Respond to user support requests; or
(e) Protect our rights, property or safety of our users and the public. OodlesIN reserves the right, at any time and without prior notice, to remove, suspend, edit, or disable access to any User Content that OodlesIN, at its sole discretion, considers to be objectionable for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), in violation of these Terms of Service or otherwise harmful to the Platform, Application, or Services.
21. LIMITATION OF ACCESS AND CHANGE IN SERVICES
We reserve the right to refuse any Service you bought from us. We may, in our sole discretion, limit, reduce, restrict or cancel the usage or availability of the Platform, Application and/or Services, purchased by any User for whatsoever reason. In the event that we make a change to or cancel Services, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the Service request was made. We reserve the right to limit or prohibit new Services.
22.CONFIDENTIALITY
During the course of your use of our Services, Platform and/or Application you may receive information relating to us or to our Services, that is not known to the general public ("Confidential Information"). You agree that: (i) all Confidential Information will remain OodlesIN's exclusive property; (ii) you will use Confidential Information only as is reasonably necessary for your participation in our Services and use of the Platform and Application; (iii) you will not otherwise disclose Confidential Information to any other person or third party; and (iv) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service and/or Privacy Policy. You may not issue any press release or make any public statement related to our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
23. THIRD PARTY LINKS
Certain content, products, and services available via our Service, the Platform and/or the Application may enable you to link to the websites and to access the materials, content, products and/or services of third parties, including users, advertisers, affiliates and sponsors of such third parties. Third-party links on this app may direct you to third-party website/applications that are not affiliated with us. We have no control over and are not responsible for examining or evaluating the content or accuracy and you agree that we do not make any warranties or guarantees with respect to the same. You are further aware that OodlesIN will not : (i)guarantee the accuracy, completeness, or usefulness of any third party content provided through the Services, Platform, and/or Application; or adopt, endorse or accept any liability or responsibility for any third-party materials or website/applications, or for any other materials, products, or services of third-parties or the accuracy or reliability of any opinion or statement made by any party that appears in the Services, Platform and/or Application. You acknowledge and agree that under no circumstances will OodlesIN or its affiliates be responsible or liable for any Losses resulting from your reliance on information or other Content posted on the Platform and/or Application or transmitted to or by any Users or third parties. You agree to bear all risks associated with your access to and/or use of any such third-party websites, content, products and services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website/applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
24. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that OodlesIN owns and reserves the right, title and interest in and to the Services, Platform, Application and Content. As part of the Services, we grant you a non-exclusive, limited, royalty-free, revocable license, during the term of the Terms of Service to use our Platform and Application to facilitate your personal, non-commercial use of the Services. Any rights relating to our Platform, Applications and Content that we do not expressly grant to you in writing are expressly reserved, and your access to and use of our Platform and Applications does not grant you an express or implied license in respect of any of the Intellectual Property Rights that are owned by, licensed to, or controlled by us and our licensees. The User is not allowed to copy or modify the app or any part of the Company’s Intellectual Property, or download, reproduce, republish, post, transmit, or distribute in any which way without obtaining prior written permission from the Company. The User is not allowed to either to try and attempt to extract the source code or software contained in the Platform, Application and/or Services. The Users are not allowed to translate the Platform and/or Application, or any part thereof, into any other languages or make any derivate versions of the same. The Company reserves all rights not expressly granted to you in and to the Application, and the Content.
To the extent required in order for us to operate this Platform and the Application and provide you with the Services, and/or promote the Platform, in any media or platform, you grant to us a non-exclusive, world-wide, royalty-free, transferrable, irrevocable license and right to host, publicly display, transmit, distribute, or use (that includes the right to copy, reproduce, and/or publish) the User Content you upload onto this Platform and the Applications. Insofar as User Content (including images) includes Sensitive Personal Data, such User Content will only be used for these purposes if such use complies with the applicable Data Protection Laws in accordance with Clause 19 of the Terms of Service and the Privacy Policy. Unless otherwise agreed between the Parties, OodlesIN does not claim any ownership rights in any User Content and nothing in the Terms of Service and/or Privacy Policy will be deemed to restrict any rights that the User may have to use or exploit its User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform and Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform, Application and/or Services or you have all rights, licenses, consents and releases that are necessary to grant to OodlesIN the rights in such User Content, as contemplated under these Terms of Service and/or Privacy Policy; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or OodlesIN's use of the User Content (or any portion thereof) on, through or by means of the Platform, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation.
25. DATA USAGE AND RETENTION
The Personal Data that you provide to us or otherwise authorize us to have access to your property.
By using our Services, and/or accessing the Platform and/or Application, you grant us a license to collect, use, copy, transmit, store and back-up your Personal Data for purposes of providing Services and/or for any other purpose(s) as contemplated by the Terms of Service and/or Privacy Policy.
All Personal Data and Sensitive Personal Data provided to us by you shall be governed by the Privacy Policy.
You agree that we shall have the right to collect and/or use or analyse your Personal Data or Sensitive Personal Data as set forth in the Privacy Policy.
26. NO WARRANTIES
The Services, Platform and/or Application are all provided “as is” and the Company and its affiliates make no express, statutory or implied representations or warranties, as to the operation of the Platform or Application, provision of Services or the information, content, materials as on the Platform or Application. To the fullest extent permissible by the Applicable Law, the Company and its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company and its licensors and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Services. The Company is not responsible for the conduct of any Users of the Application and/or Platform. The Company does not warrant or covenant that the Services, Platform or Application will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Services and access to the Platform or Application is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the Services or the Application is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from the Platform or Application, or through or from the Services shall create any warranty not expressly stated herein.
Neither shall the Company be responsible for the delay or inability to use the Platform or Application or related services, the provision of or failure to provide Services, or for any information, software, services and related graphics obtained through the Platform or Application, or otherwise arising out of the use of the Platform or Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform or Application during periodic maintenance operations or any unplanned suspension of access to the application that may occur due to technical reasons or for any reason beyond the Platform or Application's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform or 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 and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law.
Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data and Confidential Information is accurately captured, extracted and/or entered into our system, we do not warrant that this process or that any reports and/or analysis generated by the Platform will be 100% (hundred percent) error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your notification.
The Content, material and other information on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of the requisite information. Any reliance on the material on the Platform and/or Application is at your own risk. We reserve the right to modify the contents of the Platform at any time. You agree that it is your responsibility to monitor changes on the Platform and to keep up to date with any modifications and amendments to the Terms of Service and Privacy Policy.
In the event there is a loss of access to the Services, the Platform and/or the Application after a User has paid the Entry Fees for any Contest, thereby causing a Loss, including monetary loss to such User, the User shall contact the OodlesIN team at 'Helpdesk@OodlesIN.com' promptly, and in any case, within 24 (twenty-four) hours of the aforementioned Contest, along with supporting documents evidencing the issue. On being informed of the same, OodlesIN may, at its sole discretion, opt to refund the Entry Fees, or part thereof, to the User on a case-to-case basis. The User acknowledges that while, as per Clause 20(1) and Clause 20(2), OodlesIN is not liable for a User's inability to access the Services, the Platform and/or the Application for any reason whatsoever, OodlesIN will consider every request for a refund in good faith and earnest in accordance with this Clause.
27. LIMITATIONS OF LIABILITY
In no event shall OodlesIN, or our its directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to loss of data, or other damages arising from your use of the Services, Platform and/or Application, even if we have been advised of the possibility of such damages. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or third party User Content or what actions you may take as a result of having been exposed to the Content/User Content, and you hereby release us from all such liability.
We may at our sole discretion and without assigning any reason whatsoever at any time, deactivate or/and suspend your Account and/or access to the Platform or Application without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms of Service and/or Privacy Policy, we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Platform or Application for any purchase shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
If you suffer Losses or damage as a result of our gross negligence or wilful failure to comply with our obligations under these Terms of Service or the Privacy Policy, any claim by you against us shall in not event exceed the amount paid by the User to OodlesIN in the six-month period prior to the claim, subject to a maximum liability of Rs. 500/- (Rupees Five Hundred Only).
You are solely responsible for all of your communications and interactions with other Users of the Platform, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Platform, Application or Services, including, but not limited to, any of the Users. You understand that OodlesIN does not undertake to verify the statements of Users of the Platform, Application or Services or the Reviews of any Services. OodlesIN makes no representations or warranties as to the conduct of Users of the Platform, Application or Services or their compatibility with any current or future Users of the Platform, Application or Services. You agree to take reasonable precautions in all your communications and interactions with other Users of the Platform, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Platform, Application or Services, including, but not limited to, Users particularly if you decide to meet offline or in person regardless of whether such meetings are organized by OodlesIN.
You acknowledge and agree that using the Services may carry inherent risk, and by such usage, you choose to assume those risks voluntarily. For example, it may carry risk of addiction, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to purchase and use the Services. You assume full responsibility for the choices you make before, during and after your purchase of the Services. You agree to release and hold harmless OodlesIN and its affiliates from all liabilities and claims that arise in any way from any addiction, injury, death, loss or harm that occurs to yourself or the any other person, due to your usage of the Services.
You expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in OodlesIN/ Platform/ Application incurring any form of liability whatsoever, these Terms of Service and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or amendment.
28. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, successors and all of our respective officers, agents, partners, and employees, from and against any Losses, howsoever arising from all claims , allegations, actions, proceedings, demands, or costs brought by a third party or other liability or expenses (including, without limitation, attorneys’ fees) (each, a "Claim") that we may sustain or incur, directly or indirectly, arising from or as a result of: (1) your access to, use, or Misuse or Abuse of the Content on, or any Service(s) offered through, our Platform and Applications; (2) use of the Platform and or Application; (3) breach of these Terms of Service; (4) any actual or alleged breach by you of the Terms of Service and the Privacy Policy; (5) your violation of the rights of a third party, including but not limited to Intellectual Property Rights; or (6) any overt harmful act toward any other User of the Platform and/or Application; (7) misrepresenting your age to fraudulently access the Services, the Platform and/or the Application; (8) misrepresenting your location and/or using tools to gain unauthorized access the Services, the Platform and/or the Application in the Restricted States; or (9) misconduct in any manner, including negligence and fraud, in connection with your use of our Platform and Applications or any of the Services; or (8) any personal injury, death, or property damage related thereto. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
29. DISCLAIMERS
OodlesIN is a skill-based & knowledge base Quiz / game and is to be played, accessed or downloaded by only such Users who are not residing in the Restricted States or any other State which has banned/prohibited games of skill involving real money. In the event any User is found to access the OodlesIN Services/Platform/Application in any Restricted State, it shall be solely responsible for any liability arising under the same and shall keep OodlesIN indemnified in this respect.
OodlesIN's game of skill does not constitute gambling or betting under the Applicable Laws.
OodlesIN strives to ensure that all the answers of the questions in the Contests are correct and accurate. However, OodlesIN disclaims any responsibility for any errors and / or inaccuracy of the information that may be contained in the answers to the same, especially in Content created by Users.
OodlesIN is available for Users above the age of 18 (eighteen) years and the Services, Application and/or Platform are not to be accessed if you are under 18 (eighteen) years of age Without the consent of parent / guardian, and in the event you are found to be a minor or having misrepresented your age in any manner at any time you shall be solely responsible for any liability arising out of the same and shall keep OodlesIN fully indemnified in this respect.
OodlesIN disclaims any and all liability arising in and out of the accuracy, difficulty and correctness of the User Content, specifically the quizzes created by Users on the Platform and/or the Application.
OodlesIN is not liable for any Losses incurred by the User in relation to or arising out of its usage of the Services, the Platform and/or the Application. The User agrees and acknowledges that OodlesIN does not endorse, promote or encourage the User to expend any amount of money on the Services, the Platform and/or the Application and any loans, charges, mortgages or other financing arrangements entered into by the User for the purpose of availing the Services, including entering the Contests is solely at the User's own discretion and liability and OodlesIN shall not be responsible for the same. For any Losses incurred by you in this respect, the User confirms that you shall have no claims whatsoever against OodlesIN or any partner, or respective directors, officers or employees.
30. ACCEPTABLE USE AND TERMINATION
Acceptable use of our Services
You may use our Services for lawful purposes only. You will cooperate fully with any OodlesIN investigation into activity as detailed below. You may not use our Services:
For any illegal activity or transaction (for example money laundering, funding of terrorism, identity theft, or payment fraud) under the Applicable Laws;
If you have allowed (intentionally or unintentionally) someone else to use your Account;
If OodlesIN has received a "chargeback" and/or "return" notifications via your bank or a deposit mechanism used on your Account;
If you collude, cheat, or engage in any activity which is a threat to the integrity of the Contest and the games;
If you undertake any kind of fraudulent activity, such as identity theft;
If it is determined by OodlesIN that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots etc) designed specifically to defeat the gaming systems, Platform and/or Application.
Account Suspension and Termination
Investigation and Suspension
In the case that we suspect a User has violated these Terms of Service, or engaged in any inappropriate / illegal activity, OodlesIN reserves the right to suspend your Account without notification, and your Account will remain suspended until the matter has been fully investigated. You agree to cooperate fully with any OodlesIN investigation into such activity.
31.Term and Termination
These Terms of Service will come into effect from the date that you access, browse the Platform, and/or Application and shall remain in effect until terminated in accordance with the Terms of Service.
We reserve the right, at our sole discretion, to suspend, deactivate, or cancel your Account and/or access to the Platform, Application and/or Services, without providing prior notice to you, in the event that you (i) have violated and breached these Terms of Service and/or the Privacy Policy; or (ii) engaged in any inappropriate / illegal activity (iii) have carried out unauthorized use of the Services and/or Platform, and/or Application; or (iv) have used the Services and/or Platform, and/or Application in a manner that violates the laws of India or which threatens the security or otherwise harms or its affiliates, personnel of OodlesIN, or other users of the Platform, Application and/or Services and third parties.
You may terminate your Account at any time by sending an email to helpdesk@oodlesin.com. Please note that if your Account is terminated, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, Application and Services, including any quizzes created by you.
Notwithstanding any other provisions of the Terms of Service, we reserve the right to suspend or discontinue the Services, Platform and/or Application either temporarily or permanently and either wholly or in part, for maintenance purposes or otherwise, without prior notice.
In these instances, we will withhold the balance on your Account, up to the amount of any Losses incurred by OodlesIN. If you have engaged in illegal activity, OodlesIN is under no obligation to refund to you any money that may be in your Account. In addition, OodlesIN shall inform the relevant Governmental Authorities, relevant regulatory body and game governing bodies, other online service providers, banks, credit card companies, electronic payment providers or other financial institution of your identity and of any suspected unlawful, fraudulent or improper activity. You will not be allowed to open any future Accounts with us.
Provisions in these Terms of Service that are by their nature intended to survive termination (including, without limitation Clauses XIV, XVI, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV(b), XXVII, XXVIII, XXIX and XXX) will continue to apply to you with full force and effect notwithstanding any termination of the Terms of Service.
32.Amendment
We reserve the right to revise, modify, or update the Terms of Service from time to time and the most current version will be posted on the Platform and/or Application. If a revision, in our sole discretion, is material, we will notify you by e-mail or through any other means of communication. Other revisions may be updated only on the Platform and/or Application and you are responsible for checking such postings regularly. By continuing to use the Services and/or Platform and/or Application after revisions become effective, you agree to be bound by the revised Terms of Service. The revised Terms of Service shall supersede all prior versions. If you do not agree to the revised terms, you may terminate the Terms of Service in accordance with this Clause XXIV.
In addition, in the event any regulatory authority that has provided us any license to provide the Services, Platform and/or Application revokes such license, you hereby agree that we may terminate these Terms of Service, at any time, without liability on our part.
33. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Platform and/or Application or in the Services that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel services if any information in the Services or Platform and/or Application is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services, Platform and/or Application, including without limitation, pricing information, except as required under Applicable Law. No specified update or refresh date applied in the Service, Platform and/or Application should be taken to indicate that all information has been modified or updated.
Our decision to suspend or restrict Services or any part thereof as we deem appropriate shall be final and binding on you.
34. PRIVACY POLICY
Our policy
OodlesIN is committed to protecting and respecting your privacy and complies with all applicable Data Protection Laws and privacy laws. Use of the Services, Platform and Application is also governed by the Privacy Policy. We only use your information as described in the Privacy Policy. We view protection of Users' privacy as a very important community principle. If you object to the Privacy Policy in any way, please do not use the Services, Platform and Application.
Publicity
If we want to use your details for any promotional activity outside of OodlesIN or our Services, you agree to being contacted and asked to consent to your details being used without additional compensation, except wherever prohibited by Applicable Law.
35. FORCE MAJEURE
Neither Party shall be liable for any failure or delay on its part in performing its obligations under these Terms of Service, if such failure or delay is due in whole or in part, to "Force Majeure" conditions. Force Majeure, for these Terms of Service, shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party and which are limited to, act of God, or governmental act, political instability, epidemic, pandemic, flood, fire, explosion, accident, civil commotion, war or computer viruses. The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party hereto. It is clarified that failure to make payments within the prescribed period for any reason whatsoever or insufficiency of funds, shall not constitute a Force Majeure event.
36. MISCELLANEOUS
By registering, you are considered to have accepted and understood all the Terms of Services herein. We recommend that you keep a copy of all transactions, gaming rules, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms of Service by you does not amount to surrendering our rights to act with respect to any prior, concurrent, subsequent or similar breaches.
If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is in most nearly with effect to the original invalid term.
These Terms of Service and any policies or operating rules posted by us on the Application and/or the Platform constitutes the entire agreement and understanding between the User and the Company. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to other third parties at any time however the User shall not be permitted to assign, sub-license or otherwise transfer any of your rights or obligations under this Terms of Service to any other party, unless written consent is taken from us. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Platform and/or the Application. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
Any notice given by either Party to the other must be in writing, by email, or by electronic communication via the Platform and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to OodlesIN must be sent by email legal@OodlesIN.com or to any other email address notified by email to the User by OodlesIN, or by electronic communication via the Platform from time to time for such purpose.
By accepting the Terms of Service, you agree to allow OodlesIN to send you communications via emails, messages, push notifications or telecall to inform you about new features of our app or to inform you regarding any rewards or awards or winnings you may be entitled to or for obtaining your feedback of our app.
37. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of India without regard to conflict of law principles. Furthermore, the terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore, Karnataka, and the user hereby shall agree and accept the jurisdiction of such courts.
Dispute Resolution
If any disputes or claims arise under, or out of or in connection with the execution, interpretation, performance, or non-performance of the Terms of Service or the Privacy Policy or in respect of the scope, validity or application of the Terms of Service and/or the Privacy Policy, or the subject matter hereof ("Dispute"), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator. The venue of arbitration shall be Bangalore, Karnataka. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. Each Party shall bear its own costs of the arbitration.
38. CONTACT US
In case of any query, questions, suggestions, or grievances about the Platform or Application or if you wish to make a complaint regarding any violation of the provisions of the Privacy Policy and the way your Personal Data is processed, you may contact us at helpdesk@oodlesin.com, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of grievance/complaint.
