Terms and Conditions

This Website is owned and operated by Web Matters Limited (C 67170) (“Us” “We”), a company registered in Malta. Our offices are situated at 109/3, Guardamangia Hill, Pieta`, PTA 1313, Malta. Our details are the following:

 

Web Matters Limited

109/3

Gwardamangia Hill

Pieta` PTA 1313

Malta

 

Registration Number: C 67170

VAT Number:  MT 2201 8336

Tel:  (+356) 2701 9089

Email: info@webmatters.com.mt

 

 

These terms and conditions apply to users of this Website Quizando. By using this Website and the application software you indicate your acceptance of these terms.

 

1.          Acceptance

 

    1.1  By accessing the quiz application software, you acknowledge and accept that:

     (i) you have read, fully understood and accepted these Terms and Conditions; and

     (ii) these Terms and Conditions constitute a legally binding agreement between the you and us regarding the use of the services offered by us.

 

1.2  If you do not agree with any of the terms of these Terms and Conditions, please do not attempt to use or continue using any of the Services or use the Website.

 

2.           Modification

 

2.1  We reserve the right to amend, update and modify these Terms and Conditions. Please ensure that you regularly check these Terms and Conditions for modifications which may be made from time to time.

 

2.2  You acknowledge and agree that it is your sole responsibility to check for any such amendments, updates and/or modifications. We will endeavour to notify you of significant updates and modifications.

 

3.           Information and Intellectual Property

 

3.1  The information, material and data provided on our website and any software belong to us and these services are for your personal and non-commercial use only.

 

3.2  Except for these terms and conditions, you may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, publish, transmit, sell, rent, lease or license without our express prior written consent.

 

 4.         Conditions of Use

 

4.1  As a condition of use of the services and this Website, you warrant and undertake that you shall not use or access the Website or its services/software for any purpose that is unlawful under any law that is applicable to you or that is prohibited by and/or in breach of these Terms and Conditions.

 

             4.2  You warrant, accept and undertake as a condition of use of the Services:

(i)  that you are acting on your own behalf;

(ii)  that you are not restricted by limited legal capacity;

(iii)  that you are of the age of (i) 18 or (ii) any such other legal age or age or majority as determined by any laws applicable to   you, whichever age is greater ("Legal Age");

(iv)  that you are fully aware of the risk of losing money in the course of using our Website;

(v)  that you are not depositing money originating from criminal or other illegal or unauthorised activities;

(vi)  that you are not conducting criminal or otherwise unlawful or unauthorised activities and/or intending to use your account opened with us in connection with such activities and that you shall not use or allow other persons to use the Website and your account for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us;

(vii)  to keep your account details secure, confidential and protected against unauthorised access or use and to ensure to you should notify us immediately if the confidentiality of your account has been compromised in any way;

(viii)  to be solely responsible for any and all activities that occur under the access to and use of the Services on and through the Website(s) and/or Device(s) under your account regardless of whether such access and/or use was authorised by or known to you or not;

(ix)  not to use the Services/Website in any way which interferes or may interfere with the availability of the Services/Website to other users nor do anything that degrades or may degrade the operational performance of the Services and Website(s);

(x)  not to solicit or in any manner seek to obtain any information relating to other users;

(xi)  not to upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Service/Website;

(xii)  that your access to or use of the Services and Information on and through the Website(s) and/or the Device(s) is not illegal or prohibited by laws that are applicable to you or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing the Website/quiz application;

(xiii)  not to use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Service;

(xiv)  not to post or transmit to the Website or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; and

(xv)  you are not an employee of Web Matters Limited or a close family member of such an employee.

 

4.3  You acknowledge that in the unlikely event of a disagreement between any result that appears on the Website and our server, the result that appears on the server will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the gaming activity.

 

4.4  You agree that we or a payment processing company on our behalf will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that you may be engaging in or have engaged in fraudulent, collusion, unlawful, or improper activity.

 

4.5  You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Website. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access to the Services or to the Website.

4.6 You accept that if your browser loses connection with the our servers at any point during the game you will be eliminated from the game.  This might include, but not be limited to, loss of internet connection, changing the page on the browser and closing the browser window or tab.

4.7  You warrant that all details which you give or have given in the process of registering with for use of the Services are accurate and that you will continue to update such details should there be any changes.

4.8  You warrant that the debit/credit card details supplied by you when depositing funds into your account, belong to you and the card has not been reported as lost or stolen.

4.9  You warrant that you have not previously held an account which was suspended or terminated by us.

 

5.          Registration and Opening an account.

 

5.1  We will take reasonable and appropriate measures to ensure that your personal information as disclosed to us shall remain confidential and will be processed in accordance with our Privacy Policy as amended from time to time. We will not report or disclose your personal data except in accordance with our Privacy Policy. By entering any game you give your consent to us to publish your details on our Website in the event that you win any game.

 

5.2  It is also your sole responsibility to ensure that the laws applicable to you do not prohibit you from using and accessing the Website/Service and the Information contained therein.

 

5.3  We may require further evidence of identification and age from you to verify your Membership Application (e.g. valid picture identification) to verify that you are in fact over 18 and to comply with anti-money laundering requirements from the point of first deposit, where failure to provide appropriate documentation within prescribed time frames may lead to freezing your Account. If there is any change to your information details as originally supplied by you, you shall notify us of the relevant change without delay. In order to confirm your name and address, we reserve the right to confirm your name and address by post. We may, undertake additional security checks against any information that you provide. By agreeing to these Terms and Conditions you give consent for us to access, use, process and store the results of any identification verification or checks that may be made against you.

 

5.4  We reserve the right to cancel your account without reference to you or assigning any reason whatsoever.

 

5.5  You are allowed to open only one account with us. Should we discover that you have more than one account with us, we reserve the right, at our sole discretion, to cancel all accounts and void any winnings. All players must adhere to this simple rule of 1 player - 1 account.

 

5.6  Any account shall be deemed to be inactive in the event that no activity is registered on the account in a continuous ninety (90) day period. We reserve the right to charge a ten per cent (10%) monthly administration charge on the balance of any inactive account, without prior notification to you, and until such time as the account becomes active again or no longer contains funds.

 

6.          Your Obligations

 

6.1  You are responsible and liable for all activities and transactions that take place through/under your account, regardless of whether the use of your account was authorised by you or not.

 

6.2  Once payment towards a quiz has been submitted, the payment may not be cancelled, revoked or changed.

 

 

7.          Software License & Security

 

7.1  You hereby acknowledge and agree that the Services and Software that are made accessible to you for your remote use on the Website through your device are the part of the Services and are our property, and that you are not permitted to adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or license the service to any other person, website, online service or bulletin board, or on any other media and/or device.

 

7.2  You are not permitted to translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the quiz application software.

 

7.3  You are not permitted to bypass the security system or interfere in any way with the Services or the Website or attempt to make any changes to the Software and/or any features or components.

 

7.4  Upon the termination of this Agreement for whatever reason, the License issued under this Agreement is automatically revoked and you shall stop using the quiz application/services.

 

7.5  The quiz application is provided "as is" without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. 

 

7.6  We shall use reasonable endeavours to secure the connection between you and our servers, thus reducing the risk of manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, we will be entitled to terminate with immediate effect your access to our Website and Services and/or have your account blocked, and we reserve the right to inform the applicable authorities.

 

8.          Payments and Charges

 

8.1  You are fully responsible for paying all monies owed to us. In respect of any payment made by you, you agree that you will not make or procure the making of any charge-backs and/or deny or reverse any such payment, and that you will reimburse us for any charge-backs, denials or reversal of payments you make, and any and all losses suffered and expenses incurred by us as a consequence. We may, at our sole and absolute discretion, cease to provide services or payment to certain users or to users paying with certain credit or debit cards.

 

8.2  When you play a game, the amount which you stake will be deducted from your account. Part of this amount will be added to the pot of winnings. The remaining amount will be charged by us to cover bank charges, marketing costs, administration costs, other expenses, our fees and VAT.

 

8.3  We reserve the right to issue bonus tokens to players on a complimentary basis. These Tokens can only be used in Classic Quizzes. Players using bonus tokens can participate in a game and have a chance to win, but their play does not contribute towards the size of the pool of winnings in Classic Quizzes.

 

8.4 We will introduce promotional offers from time to time. We reserve the right to withhold withdrawals or even close the account of anyone found to be using these promotional offers for illicit gain. For example, in the case of a promotional offer on deposits, where free tokens are awarded with a deposit, no withdrawals will be allowed until an amount equivalent to the deposit has been spent.

 

9.          Taxes

 

9.1  Payment of any taxes, fees, charges or levies that may apply to your winnings under any applicable laws shall solely be your responsibility. You agree to indemnify us fully against any claims made against us in respect of taxes, fees, charges or levies due on your winnings.

 

10.        Collection of Winnings and other Withdrawals

 

10.1  Your winnings are credited to your account. You must provide a copy of valid photographic identification in order to withdraw your winnings and any other funds. You must have played at least two games using real money in order to withdraw funds from your account. In order for any withdrawal to be completed you must have made at least one deposit into your account.

 

10.2  Where possible, subject to payment gateway regulations, local laws and the operating procedures of the specific credit card company, your winnings or other funds withdrawn will be credited to the credit or debit card which was used to make your original deposit. Where this is not possible, your requested withdrawal will be sent to you by bank transfer. In these cases our administration team will contact you in order to obtain the necessary information to process this payment.

 

10.3  We will use our reasonable endeavours to release a player’s funds using their preferred method. However, where necessary to comply with local laws, regulations and to ensure both parties’ security, we reserve the right to release a player’s winnings using the most appropriate payment method determined at our absolute discretion.

 

10.4 Some payment processing companies may charge you fees for your withdrawals. These are standard and are beyond our control. These fees are charged by the processing company directly and not by WML.

 

11.        Liability

 

11.1  In the event of systems or communications errors relating to account settlement or any other elements of the Service, we will not be liable to you as a result of any such errors and we reserve the right to void all plays affected by such error, interference or damage and take any action to correct such errors, damage to your own computer system, any other Device(s) or data contained within.

 

11.2  We shall in no event be responsible or liable for any damages, loss or expense, including any interference or damage to your Device(s) or data contained within, in connection with your access to, use of or participation in the Services, Website(s), Software and the Information. We shall in no event be responsible for deterioration in game quality or speed as a result of internet connections or internet speed or problems with your devices.

 

11.3  We, our affiliates, partners, officers, employees and agents shall in no event be responsible or liable for any damages, loss or expense, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, Website(s), Software and the Information.

 

11.4  If you have any dispute with regard to the result or of any game, play or event with regards but not limited to: the result, rulings and treatment applied by us, technical or other disruption, etc, you must submit your written complaint to us, via email, within fourteen (14) days from the date of the result of any game or event.

 

 12.       Reservation of Rights, Termination, Complaints, Account Closure or Service Suspension

 

12.1  In addition to other rights available to us under this Agreement, we reserve the right, in our sole discretion, to void any winnings and forfeit any balance in your account, to terminate the Agreement and/or to suspend the provision of the Services/deactivate your account if we have reasonable grounds to believe or establish any of the following:

(i)  you have more than one active account with us;

(ii)  you provide incorrect or misleading registration information;

(iii)  you have failed or neglected to provide the requested identification information;

(iv)  you are not of Legal Age;

(v)  you access and participate in the Services from a jurisdiction where participation in the Services is prohibited by law;

(vi)  you are depositing money originating from criminal or other illegal or unauthorised activities;

(vii)  you are found to be cheating or attempting to cheat or to have cheated anyone or any party, or if it is determined by us that you have employed or made use of an artificial intelligence or other system (including machines, computers, software or other automated systems) designed specifically to defeat the system or you are found to have colluded or attempted to collude with other players in order to defraud us(or other players as the case may be);

(viii)  you have allowed or permitted (intentionally or unintentionally) someone else to use your account;

(ix)  you fail to comply with any of these Terms and Conditions.

 

12.2  If the provision of the Services is suspended and/or your account is deactivated in accordance with clause 12.1 above, the provision of the Services will be only be reinstated and/or your account will be reactivated after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.

 

    12.3  We reserve, at our sole discretion, the right to:

(i)  refuse to register any applicant for an account;

(ii)   refuse to accept an offer by a player, to start a quiz game;

(iii)  In the event of any dispute regarding winnings, our decision will be final and binding. We reserve the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winning amount is being made to the correct person.

(iv)  We reserve the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winning amount is being made to the correct person and to comply with anti money laundering requirements on verification of player identity. For this purpose, we further reserve the right, at our sole discretion, to demand that you will provide us with a notarized ID or any equivalent certified ID according to the applicable law of your jurisdiction. If for a continuous period of 180 days from our request for this verification documentation, we have still not received the same from you then the funds remaining in your Account will be removed and your Account Closed;

(v)  In the event that we will suspect fraud or fraudulent activity on your part or any of your payments are charged back or you are unable to provide required documentation to verify your identity and / or age, your account will be frozen where we will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you.

 

12.4  You may close your account at any time of your choosing, by using the Close Account function in the My Account section of the website. By choosing to close the account, any remaining funds in that account will be forfeited. To play again you must open a new account and deposit new funds.

 

13.        Classic Quizzes   

 

13.1 The following rules shall apply to Classic Quiz game types:

(i)   Each question shall carry a determinate number of points, with players being awarded points depending on how quickly the correct answer is provided;

(ii)  Each game shall select questions randomly from a pool of questions;

(iii) Each game shall have a pre-determined “last entry” date and time. Not more than one hour after the “last entry” date and time, the person with the most points shall be published on our leaderboard as the winner, the person with the second most points shall be the runner-up and so on and so forth;

(iv)  It shall be the responsibility of players to check their final ranking at the end of a game. Winnings will be automatically credited to the account of winners, runners-up and so forth;

(v)   Each game shall indicate the manner in which pooled winnings are to be split;

(vi)  In the event of a tie between two persons both ranking first, the winnings reserved for the persons who would have ranked first and second will be split between these two persons. The same principle shall apply mutatis mutandis in the event of a tie between persons ranking second, and so on and so forth;

(vii) For each game played by each user for real money, a portion of the stake placed shall be added into the pot of winnings. Each game shall indicate a minimum pot of winnings.

(viii) There is a limited number of times any one person can play a quiz. This limit changes from quiz to quiz. This limit is to ensure a level playing field for all users.

 

13.2  Classic quizzes on Quizando can be played for free for a limited number of times. In order to benefit from these free plays, users must have an open account with Quizando. The number of free plays per quiz is clearly marked on the Main Quiz Page. Once a user has used up their free plays, they will need to have either real funds or tokens in their account to continue playing. Games played for free count towards the final leaderboard and are eligible for a share of the prize pool.

 

14.       Head to Head Quizzes 

 

14.1 The following rules shall apply to Head to Head Quiz game types:

(i)   Each question shall carry a determinate number of points, with players being awarded points depending on how quickly the correct answer is provided;

(ii)  Each game shall select questions randomly from a pool of questions;

(iii) Each game shall have a pre-determined “last entry” date and time. Not more than one hour after the “last entry” date and time, the person with the most points shall be published on our Head to Head leaderboard as the winner;

(iv)  It shall be the responsibility of players to check their final ranking at the end of a game. Winnings will be automatically credited to the account of winners;

(v)  Head to Head quizzes are user created.  The user creating the quiz can select the subject matter from pre existing categories.  These categories can be amended at the sole discretion of WML.

The user also decides the number of questions, entry fee and closing time for each quiz.  

Quizzes can either be private, where the creator of the quiz invites people to join the quiz, or public, where anyone can play the quiz.

Funds equal to the entry fee for the particular quiz, as decided by the quiz creator, will be deducted from the quiz creator’s account when the quiz is created.

(vi) For every play Quizando takes an administrative fee.

(vii)  In the event of a tie between two or more persons both ranking first, the winnings reserved for the persons who would have ranked first and second will be split between these two persons. The same principle shall apply mutatis mutandis in the event of a tie between persons ranking second, and so on and so forth;

(viii) Each Head to Head quiz will display the current prize pool.

(ix) In the case where no one, not even the creator, plays the Head to Head quiz the creator of the quiz will get a refund of any amounts deducted from his/her account when creating the quiz.

 

15.       Last Man Standing (LMS) Quizzes 

 

15.1 Unless otherwise determined in any rules applicable to particular games, the following rules shall apply to LMS Quiz game types:

(i)   Each quiz shall have a number of questions, which number is decided by WML. 

(ii) Each game will start at a predetermined time.  A count down to this time is visible on the LMS section of the website.  Each user is expected to be on the quiz holding page at least three minutes before the start of the quiz.

(iii) Each player in the quiz will get the same question at the same time.  At the end of the time allocated for the question only players who answer correctly, and in time, will move to the next round.

(iv) Players who do not start the quiz at the time the quiz starts will be automatically eliminated.

(v) The Last Man Standing is the player who is the last to be eliminated. If, for example, a game is down to the last 2 players and both answer incorrectly, they will both be given the award of Last Man Standing.

(vi) In the case where there is more than one Last Man Standing at the end of the allocated questions, the prize pool will be split equally between all people who have not been eliminated.

(vii)  Each player gets three passes.  By pressing pass the player will proceed to the next round, and one of the passes is deducted.

(viii)  Each game shall select questions randomly from a pool of questions;

(ix) Each Last Man Standing quiz will display the current prize pool and number of players not eliminated.

 

16.       Violations of these Terms and Conditions

 

16.1  We reserve the right to seek all remedies available at law and in equity in respect of any violation of these Terms and Conditions, including the right to deny or restrict access to the Services, Website(s) and Information to any particular person, or to block access from a particular Internet address or through other Device(s) to the Services, Website(s) and Information, at any time and at its sole and absolute discretion, without providing any reasons whatsoever.

 

17.        Force Majeure

 

17.1  If we fail or are in delay with the performance of any obligation under these Terms and Conditions due to the occurrence of events of whatever nature which are beyond our control, including, but not limited to: an Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, drought, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, such failure or delay does not constitute a breach of these Terms and Conditions. You agree to take all necessary action to minimise the consequences of any such cause.

 

18.        Severability

 

18.1  In the event that any or any part of the terms, conditions and provisions shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

19.         Law and Jurisdiction

 

              19.1 These terms and conditions shall be regulated by Maltese law.

 

              19.2  All disputes shall be subject to the exclusive jurisdiction of the Maltese courts.