Any use of this application ApoMind and the services provided therein (hereinafter referred to as “Application”), owned and operated by Apomind INC (hereinafter referred to as “Company,” or “us,” or “we”)
This document is an electronic record generated by a computer system and does not require any physical or digital signatures.
Persons who are incompetent to contract within the meaning of Indian Contract Act, 1872 including minors, insolvents etc. are not eligible to use the Application. Any visit or use of the Application shall be treated as representation of being competent to enter a contract.
Games of skill are excluded from the ambit of gambling legislations in India, including the Public Gambling Act of 1867. It was stated that game where success depends on substantial degree of skill despite the presence of an element of chance, such games are not considered “gambling” and are classified as “games of skill”. A game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Pharma Quizzes available on the Application are games of skill as the Users shall depend primarily on their skill and knowledge in participating and contesting in such pharma Quizzes. By participating in a pharma Quiz, the User acknowledges that he/she is participating in a game of skill.
The Application is not intended for Users connecting to the Application from a jurisdiction which prohibits online games involving stakes.
Residents physically located outside India and in the states of Assam, Telangana, Nagaland and Orissa (“the Excluded States”) are ineligible to participate in the online games/tournaments where participation fee is charged and prizes are offered
Users seeking to participate in games of skill, offered by ApoMind INC from the Excluded States would be ineligible for prizes offered by ApoMind Inc. Apomind Inc, at its sole discretion or the judicial/government authority through an order/decree/judgment/direction may add additional states in the Excluded States.
Any credit/winning amount of such a User/participant, available in the User Account with the Apomind Inc shall not be usable, till the time the judiciary/government authority expressly allows the Apomind Inc to offer its online game(s) in the Excluded State.
The User/Participant agrees that Apomind Inc shall not be held liable if laws applicable to the User/participant restricts or prohibits his/her participation.
Apomind Inc makes no representations or warranties, implicit or explicit, as to the User’s legal right to participate nor shall any person affiliated, or claiming affiliation with the User/participant have authority to make any such representations or warranties.
In order to use the Application and to play the Quizzes available on the Application, the User must first download the Application and create an account by signing up on the Application and providing the information as required.
The User who chooses to sign up on the Application and provide data, shall be responsible for maintaining the confidentiality of the User ID and Password.
On successful signing up, the User as the case may be, will be able to access his/her own account by using the user name and password chosen during the signing up process. The User shall be responsible for all activities that occur under his/her User ID and Password.
Further, such the User agrees to
Provide true, accurate, current and complete information as prompted by the Application’s signing up form while registering (such information being the “Signing Up Data”);
Maintain and promptly update the Signing Up Data to keep it true, accurate, current and complete at all times;
Immediately notify the Company of any unauthorized use of password or account or any other actual or suspected breach of security; and
Ensure that logging out from account at the end of each session.
In relation to any PII being saved or processed, the Company shall meet the requirements of Information Technology Law and shall adopt the technical and organizational measures necessary to secure the PII of the User.
As the first step of the signing up process, the Application may require the following PII to be provided, including without limitation to:
Name (first and last name);
Date of birth
Copy of Aadhaar card
Copy of PAN card
The Company shall not be liable for any loss or damage arising from failure of the User to comply with this Clause. The Company shall not be liable for any unauthorized hacking of the Application leading to leakage and misuse of PII.
The User shall not
select a user name, User ID, mobile number and/or email address, of any other person with the intent to impersonate that person; or
use a User ID or a name subject to any rights of any other person without appropriate authorization. The Company reserves the right to refuse registration of or cancel registration of such User ID in its discretion.
The Company does not levy any Signing up fees for the purpose of registration on the Application.
In case a User refers or invites other individuals to use and sign up on the Application, then such User shall be entitled to benefits as per terms of the Referral Policy.
WINNERS AND PRIZE MONEY
All the Quizzes are time based and the Users shall score on the basis of providing correct answers with greater speed.
The Company reserves the right to select and declare the winners, the criteria of declaring the winners or not to declare the winners in the event no User has submitted correct answers.
During the Quiz, the Application shall display, at regular intervals, a list (“rank list”) depicting the ranking of the Users playing the Quiz. The Company reserves the right to rank two or more Users on the same rank and declare joint winners and the amount of prize amount to such winners, in case of ties.
The User acknowledges and agrees that the rank list displayed to the User at any point of time or at the end of the Quiz may not be updated due to software or technical issues and the Company shall not be responsible for any such issues.
The decision of the Company with respect to winners, the final rank list and the prize money awarded to each winner shall be final, binding and non-contestable and no correspondence in this regard will be entertained.
The prize money shall not be assignable or transferable and nor is any substitution permitted. Further, the Company shall in no event be liable to award any prize in lieu of or in addition to the prize money for any reason whatsoever.
All taxes, levies and duties due and owing under applicable and statutory laws in connection with the prize money if any, shall be the sole responsibility of the winners. Prize money of Users shall be considered as income of the Users under the Income Tax Act, 1961 and shall be subject to TDS, taxes and/or other levies, cess etc. as per applicable law. The Company shall not be liable for payment of any tax on the prize money.
DISCLAIMER: MIN AGE LIMIT IS OF 18+ AGE GROUP. PRIZES ARE NOT SPONSORED BY APPLE AND/OR GOOGLE.
DEPOSITS AND WITHDRAWALS
While using the Application, the User will be required to deposit money in the Application (hereinafter referred to as “Deposits”) and also required to receive money from the Company (hereinafter referred to as “Withdrawal”).
Deposits and Withdrawals shall be processed through third party facilities. In case the User uses virtual wallets like Paytm, the User shall be required to link such virtual wallet to his/her account Application.
The User understands that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment for transactions on the Application using existing authorized banking infrastructure and payment gateway networks. By providing payment facility, the Company is neither acting as trustee nor acting in fiduciary capacity with respect to the transaction or the transaction price.
The Users shall be required to provide valid photo identification and address proof documents to process Withdrawals or Deposits of Users. The name mentioned on the User’s photo identification documents should correspond with the name provided by the User at the time of signing up. In the event that the details provided by the User are found to be fraudulent or misleading, then the Company reserves the right to forfeit any amount due to the User and initiate civil and criminal proceedings against such User.
TYPES OF VIRTUAL ACCOUNTS
Deposits and Withdrawal of a User shall be stored in the virtual account of the Application.
The Application provides with 2 kinds of virtual accounts in the Application- Unutilized Account and Winnings Account.
The Unutilized Account reflects the Deposits made by the User for the purpose of paying the registration fees to contest in Pharma Quizzes and which have not been utilized.
All amounts credited into the Utilized Account must be utilized within 365 days of credit. In case any unutilized amount lies in the Utilized Account after the completion of 365 days from the date of credit of such amount, the Company reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User.
The Winnings Account reflects the credits to such account upon winning a Quiz by the User
The User may withdraw an amount from the Winnings Account . Any amount to be withdrawn from the Winnings Account shall be subject to verification process as mentioned.
The Company will charge 5% of winning as processing fee for the online transfer of such amount from the Winnings Account. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for the Application to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of signing up on the Application
Withdrawal of any amount standing to the User’s credit in the Winnings Account may be made only if the minimum amount in such account is INR 30.
VERIFICATION OF WINNERS
When a User wins a Pharma Quiz, the Company shall notify such User on the Application and shall send a email on the registered email id provided at the time of depositing money on the Application.
When a User seeks to make withdraw money from his/her account, the Company may require the User to submit certain information and/or documents, including but not limited to copies of PAN card, aadhar card, residence proof, to facilitate payment of prize money to User. Prize money received by Winners shall not be withdrawn unless all information and/or documents requested by the Company have been received and verified by the Company.
The Company reserves the right to scrutinize and verify all information and documents submitted and may in its sole discretion disqualify any winner from withdrawing his prize money on any of the following conditions-
Information submitted by the User is incorrect, false or illegible.
User does not fulfill the Eligibility criteria.
OBLIGATIONS OF THE USER
The User shall bear all Internet Carrier charges levied for the use of the Application. The User is solely responsible for the efficiency and speed of his/her internet connection and the Company shall not be liable for any loss caused to the User due slow connectivity of the User’s internet connection.
The User shall be solely responsible for maintaining the necessary equipment, internet connections and other related software and technologies requires to use the Application and contest in Quizzes. It is the User’s responsibility to install updates that the Application may require from time to time to use the Application.
The User acknowledges that the recommended versions of software for using the Application efficiently are
The User agrees and acknowledges that his/her participation in a quiz available on the Application is purely voluntary and at his/ her own risk. The Company is not responsible for any loss or damage suffered by the User while participating in a Quiz.
The User acknowledges that User is aware of the fact that by using the Application the User may not win the Quiz and hence may not entitled to any monetary gain and that the Company has no responsibility to the User for any loss of registration fees paid in the course of using the Application to play Quizzes.
The User agrees and acknowledges that mere participation by a User in a Quiz does not create any obligation on the Company to give him/her a prize. Winning of a prize in any Quiz is entirely dependent on the skill of the User and the rules and regulations of such Quiz.
The User agrees and acknowledges that upon commencement of a Quiz, his/her inability to play the Quiz due to slow or failed internet connections, faulty hardware or any reason not attributable to the Company shall be sole responsibility of the User and the Company is not liable to refund him the registration fee or any other compensation.
The User shall open only one account in his/her name. If the Company discovers that more than one account is being used by a User under his/her own name or any other name, then the Company shall terminate all accounts of the User and forfeit any amount and/or prize present in such accounts.
The Quizzes provided on the Application are for knowledge purpose only and are intended to be played with application of skill.
The Users agree and undertake that they shall use fair means to play the Quizzes and shall not collude with other Users or any unfair methods to win or lose.
The Users shall not play and contest in any Quiz in partnership or by communicating with other Users which might give benefit to other Users.
The Company is not responsible for any betting or gambling acts that occur outside the Application.
The User shall not decompile, reverse engineer, or disassemble the contents of the Application or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application.
The User shall not attempt to gain unauthorized access to any portion or feature of the Application, any other systems of networks connected to the Application or to any server of the Company to which it has no access by hacking, password mining or any other illegitimate means;
Further, the User shall not use the Application in any of the following ways-
Interfere with another person’s use or enjoyment of the Application,
Transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications,
iii. Access or use the Application in any manner that could damage, disable, overburden or impair any of the Application’s servers or the networks connected to any of the servers on which the Application is hosted,
The User agrees that he/she shall not host, display, upload, publish or transmit any information or content on the Application which is-
incomplete, inaccurate, unlawful;
belongs to another person and over which the User has no right;
in breach of third party rights, including but not limited to, Intellectual Property Rights, Right of Privacy, Right of Publicity or any other proprietary information or right or is otherwise injurious to third parties;
involves the transmission of junk mail, chain letters, unsolicited mass mailing or spamming;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to commission of any cognizable offence or, prevents investigation of any offence, or is insulting any other nation;
directly or indirectly offer or attempt to offer trade or attempt to trade any item which is prohibited by the provisions of the applicable laws in force;
The Company strives to ensure that the all the answers of the questions in the Quizzes are correct and accurate. However, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the answers.
The Company makes no warranties or representations whatsoever regarding the content, completeness, or adequacy of the answers to questions of any Quiz.
If any new law or compliance or amendment in existing is introduced which requires the Company to obtain governmental or statutory licenses or if conduct of online games involving skill are prohibited, then in such case the Company shall terminate the Application immediately without prior notice and the Users shall be given a time period of 60 days to make Withdrawals from their accounts, beyond which all amounts in a User account shall be forfeited.
The Company is under no obligation to provide prize money winnings from any incomplete tournament.
In case there are any technical failures, server crashes, breakdowns software defects, disruption or malfunction in the Application during the Quiz or just after completion of the Quiz, then in such case the Company is under no obligation to provide prize money to prospective winner or winners.
Access to the Application will be uninterrupted. However, the User’s access to the Application may be occasionally suspended or restricted for the purpose of repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
There is no warranty, representation or guarantee that the Application, or use of the Application, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Application, or any information, software or other material accessible from the Application, is free of viruses or other harmful components.
Without limiting other remedies, the Company may, at its sole discretion, limit activity, immediately temporarily/ indefinitely suspend or terminate or block membership and/or refuse to provide access to the Application in the event, but not limited to:
If the Company is unable to verify or authenticate the information furnished;
In such circumstances wherein the Company is of the opinion that there is a violation of any law(s) in force.
INTELLECTUAL PROPERTY RIGHTS
Intellectual Property of the Company includes, but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of the Company, content made literary and artistic works, schematics, patents, proposed trade secrets, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/ contracts entered by the Company, formulas, in-house softwares, VPN etc. Intellectual Property of the Company also extends to the content made available by the Company. The Company reserves the right to take any legal recourse available for the protection of its Intellectual Property.
The User shall not use, receive or copy any source code and look and feel of the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code of the Application for any purpose.
Access or use of the Application does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
THE COMPANY TO MONITOR THE APPLICATION
The Company reserves the right to monitor the content available on its Application.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event shall the Company be liable for any damages resulting from any
errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from access to and use of the services including the Application;
any unauthorized access to or use of our servers and/or any and all PII stored therein;
any interruption or cessation of transmission to or from our servers;
any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party;
any loss of data or content;
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Users utilizing of any content posted, transmitted, or otherwise made available via the Application, whether based on warranty, contract, tort, or any other legal theory;
The User’s failure to keep the password or account details secure and confidential;
In no event shall the Company be liable for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
The term force majeure shall include, but not be limited to fires, floods, acts of God or the public enemy, embargoes, wars (declared or undeclared), riots, civil commotion, interference by civil or military authorities, terrorist acts, Government actions, order(s) or request (s), including (without limitation) certification, clearance or other document, or any other cause or contingency beyond the control of the Company in any of the aforesaid events. The Company shall not be liable for failure to perform or any delay in performance of services when and to extent that such failure or delay is due to force majeure.
Any and all services provided by the Company to User are provided “as is”, without warranty of any kind. The Company disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement and all warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Without limiting the generality of the foregoing, the Company hereby disclaims any and all liability for any damage to or other impact on the User’s equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) his/her use of the Application, including but not limited to claims relating to faulty, malfunctioning or inoperable Application.
If any of the provisions of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
We do not entertain return, refund and cancellation.