Terms of Use
Last updated on 5 May 2025
These terms and conditions of use (“Terms”) are applicable to the users (and their legal heirs and representatives) (“user”, “users”, “you”, “your”) of the domains and the sub-domains of quizwhizhub.com and the progressive web applications and / or mobile applications associated with any such domain or sub-domain (collectively, “Platform”) or the Content.
On the Platform, users may access a diverse array of digital content, including but not limited to: interactive games, quizzes, trivia, challenges, which are aggregated, licensed, purchased, and / or developed by Thebes Ads PTE Limited, a private limited company incorporated in Singapore in 2023, with its registered office at 531A UPPER CROSS STREET #04-95 HONG LIM COMPLEX SINGAPORE 051531(“we”, “us”, “our”, “ours”). We own, manage, and operate the Platform.
Your access to, viewing of, browsing of, engagement with, registration on, and any other interaction (collectively, “Use”) with the Content and / or Platform is subject to and governed by these Terms, as well as policies, notices, guidelines, and disclaimers published on the Platform from time to time (collectively, the “Platform Rules”). For clarity, the Platform Rules include the Privacy and Cookie Policy, which is accessible at: Privacy policy
The Terms describe a contractual agreement between you and us regarding your Use of the Content and / or Platform. We have the right to refuse Use of the Platform and / or the Content to you at our sole discretion for any reason. These Terms shall be enforceable against you in the same manner as any other written agreement and shall regulate and govern the relationship between us and you and shall be fully binding on you. Without limiting the foregoing, you specifically acknowledge that we reserve the right to suspend, terminate or limit your Use to the Content and / or the Platform if we determine, in our sole discretion, that you have violated the Terms, and / or Platform Rules.
The Platform and / or the Content may also be available to you within third-party platforms, including but not limited to, third-party websites, mobile applications, and other internet products (collectively, “Third-Party Platforms”) through WebView, Chrome Custom Tabs, SFSafariViewController, WKWebView, iframes, and other similar or evolving in-app or in-browser environments.
These Terms will be applicable to you in entirety even when you Use the Platform and / or the Content from within Third-Party Platforms. In such cases, all the terms and policies of such Third-Party Platforms shall also be applicable to you.
You must be 18 (eighteen) years of age or older to Use the Content and / or the Platform in any manner. By using the Content and / or the Platform, you hereby represent and warrant to us that you are a natural person, at least 18 (eighteen) years of age or older, and that you have the right, authority, and capacity to Use the Content and / or the Platform, and that you agree to abide by the Terms. We have the right to but not the obligation to ask you to provide a government-issued identity proof. For further information on our handling of your information, please refer to our Privacy and Cookie Policy at: Privacy policy
All users must be individuals who are legally capable of entering into binding contracts under the applicable laws of their jurisdictions. Users who are legally incompetent to contract such as minors, undischarged insolvents or individuals otherwise disqualified by law, are not eligible to Use the Platform and / or the Content.
IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU MUST REFRAIN FROM USING THE CONTENT AND / OR THE PLATFORM.
IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY FOR ANY CHANGES. YOUR CONTINUED USE OF THE CONTENT AND / OR PLATFORM SUBSEQUENT TO SUCH CHANGES WILL INDICATE AND IMPLY YOUR ACCEPTANCE TO SUCH REVISIONS.
BY USING THE CONTENT AND / OR THE PLATFORM, YOU IRREVOCABLY ACCEPT THE TERMS (AS UPDATED FROM TIME TO TIME) AND AGREE TO ABIDE BY THE SAME.
USER COVENANTS
- By Use of the Content and / or the Platform, you agree that you meet with the eligibility criteria as detailed above and that you are fully able and competent to understand and accept the Terms as a binding contract.
- You agree not to enter into any contractual provisions in conflict with this Terms.
- You are responsible for the accuracy of the information, including, your age, that we may or may not ask you to provide. We will not be responsible and / or liable for verifying the accuracy and / or the authenticity of your information. In case of any discrepancy or incorrect information provided by you, we reserve the right to suspend or terminate your access to the Content and / or the Platform.
- You shall not, by any unauthorized means or for any unauthorized purpose, acquire, copy, reproduce, duplicate, mirror, alter, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any portion of the Content and / or Platform. This includes, without limitation, the following actions:
- Attempting to reproduce, reverse-engineer, or circumvent any navigational structure, user interface, or presentation of the Content and / or Platform in a manner not expressly permitted for your personal, non-commercial Use.
- Accessing, obtaining, or attempting to obtain any data, materials, documents, or information by any methods other than those explicitly provided and made accessible through the Platform and / or Content for your legitimate Use.
- Creating any copies or imitations of the Content and / or Platform that misrepresent or impersonate any element of the Content and / or Platform or misappropriate their look and feel.
- Utilizing the Content and / or Platform to develop any database, archive, or repository, or for the purpose of deriving or compiling data sets, lists, or information that compete with, or substitute, the functionalities or services provided by the Content and / or the Platform.
For clarity, these restrictions apply solely to unauthorized activities and are not intended to limit or inhibit the lawful enjoyment and personal Use of the Content and / or Platform by eligible users in accordance with these Terms.
- If the Platform contains message / bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. Misuse of the Forum may result in consequences, such as suspension or termination of your access to the Forum or the Content and / or Platform, at our discretion. We reserve the right to review, screen, or delete any material posted on the Forum or any other portion of the Platform, for any reason, at our sole discretion. This may include, but is not limited to, content that violates the Terms, is flagged by other users, or is deemed inappropriate by us. You further acknowledge and agree that we shall not be liable for any misuse of the personal information shared by you on the Platform, or through your profile, or with a third party on the Platform, Forums, or comments. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy) of others.
- Publish, post, distribute or disseminate any defamatory, malicious, violent, dangerous, hateful, false, misleading, infringing, pornographic, sexually explicit, obscene, indecent or unlawful material or information or material or content that depicts a child being abused.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another user’s device.
- Conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user.
- We hereby inform you that you are prohibited from hosting, displaying, uploading, publishing, transmitting, storing, updating and / or sharing any information on the Platform that:
- Belongs to another person and to which you do not have any right.
- Is obscene, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence.
- Is harmful to children.
- Infringes any patent, trademark, copyright, or other proprietary rights.
- Deceives or misleads other users about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, is identified as fake or false or misleading.
- Impersonates another person.
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
- Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
- Is in the nature of an online game that is not verified as a permissible online game.
- Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
- Violates any law for the time being in force.
- You are prohibited from:
- Violating or attempting to violate the integrity or security of the Content and / or the Platform, the Platform Material (as defined below), and / or our servers, technical architecture, and networks.
- Transmitting any information on or through the Content and / or the Platform that is disruptive or competitive to the Platform, and / or Content, and / or Platform Material.
- Using, including but not limited to, any of the below that can disrupt, hamper, or harm the Content and / or the Platform or other users of the Content and / or the Platform:
- Malicious Software: adware, AI-powered malware, fileless malware, keyloggers, mobile malware, ransomware, rootkits, spyware, trojan horses, viruses, worms, and other malicious software.
- Hacking Tools and Techniques: brute force attacks, credential dumping, cross-site scripting (XSS), DDoS attacks, man-in-the-middle attacks, network injection, password cracking, phishing attacks, SQL injection, and other hacking tools and techniques.
- Automated Scripts and Bots: ad fraud bots, API abuse bots, bandwidth abuse bots, blog bots, botnets, browser automation bots, cancel bots, click bots, content aggregators, content spinning bots, credential harvesters, credential stealers, credential stuffing bots, data mining bots, digital fingerprinting scripts, email harvesters, fake account generators, fake news generators, image scraping bots, intelligent agents, IoT bots, malicious bots, malicious insider bots, malware droppers, pixel tracking bots, proxy bots, shopping bots, sextortion bots, social engineering bots, spam bots, traffic generators, URL shortening abuse bots, web crawlers for SEO manipulation, web scrapers, and other automated scripts and bots, and other automated scripts and bots.
- Other Malicious Activities: command-and-control servers, formjacking, session hijacking, supply chain attacks, synthetic identity fraud, voice phishing, and other malicious activities.
- Attempting to gain unauthorized access to: (a) any portion or feature of the Content and / or the Platform, other systems, networks connected to the Content and / or the Platform; or (b) accounts of other users.
- Making any negative, denigrating, or defamatory statement / comment about the Content and / or the Platform, us, and / or any brand name or domain name used by us, or otherwise engaging in any conduct or action that might tarnish our image or that of any of other users of the Content and / or the Platform.
- Manipulating identifiers to disguise the origin of any message, transmittal, or signal you send through the Content and / or the Platform, including use of any software to communicate your location to us incorrectly.
- Claiming any ownership rights to the Content, Platform, and / or Platform Material.
- Alter or delete or attempt to alter or delete any attributions, legal or other notices, proprietary designations, labels of the origin or source of software, or other material on the Content and / or the Platform.
- You are obligated to:
- Store your login credentials to the Platform, if applicable, securely and acknowledge that we are in no manner responsible for any consequence arising from the you not storing your login credentials securely. It is also advisable that you do not share your login credentials or any device used to access the Platform with others, as this could compromise data security.
- Warrant to us that you will comply with all applicable laws, statutes, ordinances, regulations, and treaties in connection with the use of the Content and / or the Platform. You further warrant that you will not use the Content and / or the Platform in any way prohibited by the provisions contained in the Terms or under any applicable law.
- Not refuse payment, if payment is due from you to us. Currently, we do not levy any fee for using the Content and / or the Platforms. We may, in future, charge users certain fees for the Use of the Content and / or the Platform. You agree to pay any such fees, as may be applicable, if you Use the features of the Platform that are chargeable. We will ensure that you are made aware of the applicability of any fees for a particular use of the Content and / or the Platform, as well as the amount of fees payable by you for any such use of the Content and / or the Platform. You agree that we may, at any time, charge, modify, or waive fees required to Use the Content and / or the Platform. Your continued Use of the Content and / or the Platform after such change in the fees will be considered to be your acceptance of such changes, and the applicability of these Terms to such changes.
- Use the Content and / or the Platform for personal and non-commercial Use only.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
- No Representations or Warranties. The Content and Platform, including all Platform Material, are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement. We disclaim responsibility for the Content and / or the Platform’s completeness, accuracy, reliability, or availability and are not liable for any errors, omissions, or interruptions.
- Information Disclaimer. Information on the Content and / or Platform may be sourced from external parties. You understand that inaccuracies may occur and we do not warrant the accuracy or suitability of the information on the Content and / or Platform. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the Platform and / or the Content is provided to you on an “as is, with all faults” basis, without warranties regarding its completeness, reliability, or fitness for specific purposes. You must verify all information for your own needs.
Responsibility for the legality and compliance of information lies solely with the aforementioned external parties. Although we reserve the right to remove any information we suspect may be in violation of applicable laws, we are under no obligation to monitor or restrict access to any information, unless we are notified that such information may be illegal or in violation of applicable laws. - Third-Party Advertisements. The Platform and / or Content may display advertisements, links, and other materials sourced from third-party services, including programmatic ad networks (“Third-Party Advertisements”). We exercise no control over, and do not review, monitor, or endorse, the content of Third-Party Advertisements or the products, or services they promote. The inclusion of any Third-Party Advertisements does not imply endorsement, affiliation, or recommendation by us.
We expressly disclaim all warranties, representations, and liability related to any Third-Party Advertisements for any purpose. Your interaction with Third-Party Advertisements is entirely at your own risk. We are not liable for any damages, losses, or claims arising from or related to your engagement with Third-Party Advertisements, including transactions, reliance on their content, or the sharing of personal information.
If you find any Third-Party Advertisement on the Platform and / or Content inappropriate, unsuitable, or violative of applicable laws, you must immediately notify our Grievance Officer using the contact details provided herein. Upon verification of your complaint, we will take reasonable steps to address the issue. However, we cannot guarantee the removal of all such Third-Party Advertisements promptly or completely.
Users are solely responsible for reviewing the privacy policies, terms of use, and practices of Third-Party Advertisers before engaging with their services. We strongly recommend exercising caution and, where necessary, obtaining independent professional advice before taking any action based on Third-Party Advertisements. - Third Party Platforms. The Platform, including Platform Material, and Content, may be accessed or displayed on Third-Party Platforms. Such display does not imply endorsement, alignment, or similarity between the policies or terms of those platforms and ours. Furthermore, we do not confirm or warrant that the Platform or Content is accessed or displayed on Third-Party Platforms with our authorization.
We disclaim all responsibility for any representations made by Third-Party Platforms about the Platform, the Content, or the Third-Party Platforms themselves. This includes, but is not limited to, claims about their functionality, accuracy, or suitability. We also disclaim responsibility for any alterations or modifications made to the Platform or Content on those Third-Party Platforms, including inaccuracies or unauthorized uses. You are solely responsible for reviewing such Third-Party Platforms’ terms and privacy practices and deciding whether to engage with them. We do not assume liability for any Third-Party Platform’s compliance or content.
By accessing the Platform or Content through any Third-Party Platform, you acknowledge that we have no control over those platforms or their representations. We expressly disclaim liability for any loss or harm arising from access, use, or reliance on any Third-Party Platform. - No Professional Advice. The Content and / or the Platform is not intended for professional advice. Users should seek appropriate professional guidance before acting based on the materials or Content on the Platform. We disclaim liability for actions taken based on this information.
- Original Source. When you access the Platform and / or the Content, you may be provided with a link to original sources of Content. If you choose to access such links, You acknowledge and accept that you are leaving the Platform and we shall have no liability, obligation, or responsibility for any loss or harm arising from your use of such sources on third party sites.
- Platform Security. While we employ commercially reasonable security measures, we cannot guarantee that the Platform will be free from security breaches, cyberattacks, or unauthorized access. Users are responsible for maintaining adequate security protections for their own devices and data. For additional protection against a variety of online risks, Users may consider obtaining cybersecurity insurance or similar coverage, if available and suitable to their needs.
- AI Generated Information. The Platform may utilize material generated by Artificial Intelligence (“AI”) models or tools across various sections. It is important to note that AI technology has inherent limitations. AI-generated material may contain errors, biases, or inaccuracies. We disclaim any liability for errors, omissions, or inaccuracies in any material on the Platform and / or the Content, regardless of its source. Users are strongly advised to exercise caution and independently verify any information obtained from the Platform, particularly in critical areas such as legal, financial, or medical matters.
- No Guarantees. Among other things, we do not guarantee, covenant, or warrant that:
- The Content and / or Platform will meet the user’s expectations or fulfil any specific purposes or needs.
- The Content and / or Platform will be accessible or available at all times without interruption, delay, or faults; nor do we warrant that any scheduled maintenance or updates will occur without impacting accessibility.
- The Content and / or Platform Material is complete, suitable, reliable, accurate, current; or that any errors or omissions will be corrected.
- The results obtained through the utilization of the Content and / or Platform will be beneficial, useful, or achieve any particular outcome; nor do we guarantee that any information provided will lead to informed decision-making.
- The Content and / or Platform will be compatible with all devices, operating systems, or software versions, or that it will function properly on all devices or configurations.
- The Platform will be secure from unauthorized access, cyberattacks, or data breaches, and that users will not experience any loss of data or service disruptions as a result.
- All user-generated content will be monitored for accuracy, legality, or appropriateness; however, we reserve the right to review and, where deemed necessary, address or remove such content in line with applicable laws and our policies.
- The Content and / or Platform will remain unchanged or available indefinitely as we reserve the right to modify or discontinue any aspect or feature of the Content and / or the Platform at any time.
The Content and / or Platform will remain free from viruses, malware, or other harmful components or that their Use will be free from risks of damage to the user’s device or data. - The Content and / or Platform will be free from disputes or claims.
PROHIBITED CONTENT
In our commitment to fostering a safe and respectful environment, we have established guidelines on what would be prohibited if posts by users were allowed on our Platform in the future.
If at any point we allow users to post on the Platform, you will be encouraged to report prohibited content by contacting us at helpdesk@thebesads.com. Since we would not be able to monitor and control every user post on the Platform, we will rely on your assistance to help identify and report any prohibited content.
The following types of user posts would be prohibited under our guidelines. This list may not be exhaustive, and we reserve the right to remove any posts by a user we consider inappropriate, harmful, or in violation of our policies, at our sole discretion:
- Pornographic or sexually explicit content: We strictly prohibit any pornographic or sexually explicit content, including depictions of non-consensual acts or sexualization.
- Content depicting a child being abused: We strictly prohibit any sexually explicit content involving children or any form of exploitation or endangerment of minors. This includes depicting children in sexual contexts, promoting paedophilia or sexual abuse, and soliciting children for sexual acts.
- Hateful content: We strictly prohibit any content promoting hatred, violence, or discrimination against individuals or groups based on attributes like race, religion, gender, or sexual orientation. This includes demeaning, dehumanizing, or defaming individuals or groups, as well as endorsing hateful ideologies.
- Disinformation: We strictly prohibit the dissemination of false, misleading, or malicious information that may disrupt public order or opinion. This includes false information that could affect elections, incite violence, or mislead about health matters. In addition to removal of such content, users engaging in the spread of disinformation may face suspension or termination of their account, as well as potential legal action where appropriate.
- Malicious, violent, or dangerous content: We strictly prohibit macabre, sadistic, violent, or harmful content, as well as anything intended to shock or disgust anyone. This includes content encouraging dangerous challenges, self-harm, or violence, and any promotion of criminal activities.
- Misleading and / or spam content: We strictly prohibit misleading or fraudulent content, including spam and scams. This encompasses financial scams, deceptive promises, and any content aiming to defraud users.
- Content infringing other’s rights: We prohibit the dissemination of content that threatens, offends, or insults any person or infringes on their rights. Users are prohibited from engaging in harassment, insults, threats, or disclosing personal information without permission.
LIABILITY
- Users’ violation of the Terms may result in civil or criminal liability. We will investigate occurrences that may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Users hereby authorize us to declare and provide declarations to any governmental authority on request on their behalf, as deemed necessary to comply with applicable laws, regulations, or legitimate requests.
- To the maximum extent permitted by applicable law, we, including our affiliates, directors, employees, agents, and licensors, shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost data, or business interruptions, arising out of or related to the Platform, Content, or Platform Materials.
Disclaimers and limitations, such as those related to errors, bugs, outages, downtime, interruptions, Third-Party Platform, Third-Party Advertisers, third-party content or links, Platform functionality, user-generated or AI-generated material, or any other factors impacting the Platform or Content, are further elaborated in Section 3 which is incorporated herein by reference.
These limitations apply regardless of the theory of liability – whether in contract, tort, negligence, strict liability, or otherwise. - You hereby agree that our maximum aggregate liability for all your claims under the Terms or Platform Rules, in all circumstances, shall be limited to ₹10,000 (Indian Rupees Ten Thousand only).
USER SAFETY AND ENGAGEMENT RESTRICTIONS
To safeguard personal safety and well-being, users are subject to the following restrictions and recommendations regarding engagement with the Content and / or the Platform:
- Prohibited Engagement. Users are strictly prohibited from engaging with the Content and / or the Platform under the following circumstances:
- While operating any vehicles or machinery, including but not limited to cars, motorcycles, bicycles, scooters, skateboards, hoverboards, power tools, factory equipment, and lawn equipment.
- In hazardous environments such as construction sites, areas with fire hazards, or locations with potential chemical exposure.
- Near bodies of water (e.g., lakes, rivers, pools, or oceans) or on elevated or unstable surfaces (e.g., staircases, balconies, rooftops, ladders, or scaffolding).
- During emergency situations, including fires, natural disasters, or medical emergencies.
- While walking or crossing streets, particularly in crowded areas or heavy traffic.
- While supervising or caring for others, including children, elderly individuals, or pets.
- During medical appointments or therapy sessions and circumstances in which Users are under the influence of alcohol, drugs, or medications that impair judgment.
- Advised Limitations on Engagement. Users are advised to refrain from engaging with the Content and / or the Platform during meetings, conferences, or classes, whether conducted virtually or in person. This includes instances where users are working on tasks or projects that require focus and attention, during social gatherings or family time, and in quiet or respectful environments, such as hospitals, libraries, museums, or religious sites.
- Additional Considerations. Users are encouraged to limit extended screen time to mitigate eye strain and promote digital well-being. Users should also implement robust cybersecurity practices, including the use of secure connections and avoidance of suspicious links. Furthermore, users must exercise caution with personal information to safeguard their online privacy while consuming Content.
FORCE MAJEURE
We shall not be liable for any damages, losses, or interruptions arising directly or indirectly from events of force majeure or any similar circumstances that affect the availability, functionality, or operation of the Content and / or the Platform. Events of force majeure include, but are not limited to, natural disasters (e.g., earthquakes, floods, storms, hurricanes, fires, and other natural calamities), acts of God (events beyond human control, such as extreme weather conditions or geological events), human-caused disasters (e.g., wars, terrorism, sabotage, civil unrest, riots, and other acts of violence), governmental actions (laws, regulations, orders, or restrictions imposed by governmental authorities, including but not limited to trade embargoes, sanctions, export controls, or import restrictions, and mandates including lockdowns, quarantines, or travel restrictions), public health emergencies (e.g., pandemics, epidemics, outbreaks of infectious diseases, and related public health measures), disruptions to critical infrastructure (e.g., failures or disruptions to essential infrastructure, such as power grids, telecommunications networks, or transportation systems), cybersecurity incidents (e.g., cyberattacks, data breaches, hacking attempts, and other malicious acts affecting our systems or third-party providers), supply chain disruptions (e.g., shortages, delays, or interruptions in the supply of content, resources, or services), labour disputes (e.g., actual or threatened strikes, lockouts, or work stoppages), inability to obtain necessary permits, licenses, or authorizations, accidents, breakdowns, or defects in transportation, electricity, telecommunications, or other essential services, changes in laws, regulations, or licensing requirements that impact our ability to operate the Platform, and third-party failures (e.g., failures or disruptions in the services of third-party providers, such as cloud service providers, payment processors, or internet service providers).
In the event of a force majeure occurrence or any circumstances beyond our reasonable control, we reserve the right to suspend, limit, or modify the availability of the Content and / or the Platform without prior notice. We shall not be held responsible for any inability to fulfil our obligations under the Terms during the period of such force majeure events.
INTELLECTUAL PROPERTY RIGHTS
- All material on the Platform and the Content, including but not limited to text, graphics, images, video clips, audio clips, music, sound effects, software programs, source code, object code, HTML code, scripts, algorithms, banners, icons, user interfaces, designs, colour schemes, layouts, interactive features, animations, proprietary data compilations, and other representations (collectively, “Platform Materials”), together with the Content and the Platform itself, are the exclusive property of either us or our affiliates, or our third-party licensors and are protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws. You expressly acknowledge that your Use of the Content and / or the Platform does not confer upon you any ownership rights, title, or interest in or to the Platform Materials, Content, or the Platform.
- Our trade name, logos, trademarks, service marks, domain names, and other distinctive brand features (collectively, “Marks”) are the sole property of us. You are strictly prohibited from using, reproducing, displaying, or distributing any Marks without our prior express written consent. Nothing in these Terms or your Use of the Content and / or the Platform shall be construed as granting any license, right, or permission to use our Marks or any intellectual property owned by us or third-party licensors.
- We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to Use the Content and / or the Platform solely for your personal, non-commercial purposes in strict compliance with these Terms. This right does not permit You to modify, copy, distribute, sublicense, sell, lease, rent, display, publicly perform, transmit, create derivative works from, decompile, reverse engineer, or otherwise exploit the Platform Materials, Content, or the Platform itself for any unauthorized purpose.
- By uploading, submitting, or otherwise providing any content or materials to the Platform, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works of such content in any media now known or hereafter developed, for any purpose, including but not limited to operating, improving, and promoting the Platform.
- All rights not expressly granted to you under these Terms are hereby reserved by us. No implied rights, licenses, rights, or permissions of any kind are granted to you, whether by estoppel, implication, or otherwise, under these Terms or through your Use of the Content and / or the Platform.
COPYRIGHT INFRINGEMENT NOTICE
- United States
If an owner of a U.S. copyright or an authorized agent believes any Content on the Platform infringes upon their copyrights, they may submit a notification under the Digital Millennium Copyright Act, 1998 (“DMCA”) to report such infringement. To provide adequate notice, complaint must be sent to helpdesk@thebesads.com, including the following information in writing:- Identification of the copyrighted work claimed to have been infringed, with supporting documentation.
- Identification of the alleged infringing material, with information reasonably sufficient to enable us to locate the material on the Platform.
- Contact information, such as a mailing address, email address, and telephone number.
- A statement indicating a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law.
- If acting as an authorized agent of the copyright owner, a statement under penalty of perjury that the individual is authorized to act on behalf of the copyright owner, and that the information in the notification is accurate.
- If submitting the notice on behalf of the copyright owner, a physical or electronic signature of the copyright owner, or the person authorized to act on the copyright owner’s behalf.
SUSPENSION
- Term: The Terms will remain in full force and effect for as long as you are registered with or Use the Content and / or the Platform, including the Platform Material, in any form or capacity.
- Suspension or Termination: Users who have been suspended for the reasons outlined below will not be entitled to Use the Content and / or the Platform, including Platform Materials, for any purpose until we, at our sole discretion, lift the suspension. Suspension may occur with or without prior notice and may apply to the entire Platform, specific Content, or certain sections thereof. Suspension is temporary and may be reinstated at our discretion. In contrast, termination is permanent and users whose accounts have been terminated will no longer have access to the Platform or Content. Suspension or termination may occur for, but is not limited to, the following reasons:
- The user violates or attempts to violate the security of the Content and / or Platform including, without limitation:
- Cheating, fraud, misrepresentation, or misconduct by the user.
- Accessing or attempting to access data not intended for the user.
- Attempting to probe, scan, or test the vulnerability of our system or network or to breach security or authentication measures.
- The user violates any provisions of the Terms or Platform Rules;
- The user uses or attempts to use any service that blocks or hinders any kind of advertising on the Content and / or the Platform.
- The user shares false information at the time of signing up for the Platform, and if applicable, while utilizing the Content.
- We have reason to suspect a crime, misuse, fraud, or attempt of such in relation to Use of the Content and / or the Platform.
- We consider it to be necessary for safety reasons or to safeguard our reputation.
- We are forced to do so pursuant to legislation or ruling of a competent authority.
- The user violates or attempts to violate the security of the Content and / or Platform including, without limitation:
- We may retain any information and associated records that are required to be retained or preserved under applicable laws, including post termination / suspension of your account, and irrespective of whether such information has been removed or access to it has been disabled for you.
INDEMNITY
The user shall indemnify, defend, and hold harmless us and our group companies, affiliates, associates, officers, directors, employees, consultants, licensors, agents, and representatives, if any, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or in connection with:
- User’s breach of the Terms.
- User’s Use of the Content and / or the Platform, including Platform Material.
- Violation of any applicable law by the user.
- Actual and / or alleged by a user in default of another user’s account on the Platform.
- Actual and / or alleged infringement of any intellectual property or other right of any person or entity by the user.
- Any dispute between user and third party to which we are made a party in relation to the Content, Platform Materials, and / or the Platform.
COMPLAINTS AND GRIEVANCE OFFICER
We have appointed a Grievance Officer to address your concerns related to data safety, privacy, and the Use of the Content and / or Platform. This includes managing any complaints you may have against other users. In case of any grievance or complaint, you may write to Chetas Bhardiya at chetas@thebesads.com with the following details:
- Your name
- Your location
- Your contact number
- Specifics of your concerns
FEEDBACK
If you provide us with any feedback, suggestions, proposals, comments, materials, or other information, including without limitation ideas, concepts, know-how, techniques, designs, bug reports, or improvements related to the functionality, or design of the Platform, Content, or Platform Material (collectively, “Feedback”), you acknowledge and agree that:
- Assignment of Rights: You hereby irrevocably assign to us all rights, title, and interest in and to such Feedback, including all intellectual property rights therein, free of any encumbrances or claims. You agree that we shall have the exclusive, perpetual, worldwide right to use, modify, reproduce, distribute, create derivative works from, publicly display, perform, and otherwise utilize the Feedback in any manner and for any purpose we deem appropriate, without any obligation to compensate you or any third party.
- No Ownership or Claims: You acknowledge that submitting Feedback does not confer any ownership rights in the Content, Platform Materials, Platform, or any derivative works arising from your Feedback. You further acknowledge that, even if we incorporate elements of your Feedback into the Content, Platform Materials, Platform, you will not acquire any rights, ownership, or interest in the resulting Content, Platform Materials, Platform.
- No Obligation or Confidentiality: You agree that any Feedback provided by you is non-confidential and non-proprietary. We shall have no obligation to return any materials, acknowledge receipt, or provide you with any response regarding your Feedback. You further agree that we are under no obligation to implement or use any of the Feedback provided by you.
- Waiver of Claims: You waive all claims against us arising from or relating to the use of your Feedback, including any claims for compensation, royalties, or attribution, regardless of whether we use, modify, or develop similar concepts based on your Feedback.
- No Compensation, Rewards, or Recognition: You acknowledge and agree that we do not operate any incentive, reward, or recognition programs, including but not limited to bug bounty programs, prize giveaways, or similar schemes, and that any Feedback or bug reports submitted by you are done voluntarily and will not entitle You to any compensation, reward, or credit.
APPLICABLE LAW, JURISDICTION, AND DISPUTE RESOLUTION
- In the event of any dispute, claim, or difference arising out of or in connection with this Terms, you and we agree to attempt to resolve the matter through good faith negotiations. For any dispute initiated by you against us, you agree to send a written notice to helpdesk@thebesads.com containing: (i) your name; (ii) your location; (iii) a description of the issue; and (iv) the relief sought. For disputes initiated by us, we will send a written notice to the email address or any other contact details associated with Your use of the Platform or Content. If you have not logged in or we are unable to obtain Your contact details, and a dispute needs to be raised, we may, in compliance with applicable data privacy laws, submit your IP address, geolocation data, device identifiers, or activity data related to your Use of the Platform and / or Content to relevant authorities for the purpose of identifying you and resolving the dispute.
- These Terms, and any disputes arising out of or in connection with it, shall be governed by and construed in accordance with the laws of India. If a dispute cannot be resolved through informal negotiations, it shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted in New Delhi, India, by a sole arbitrator, and the decision shall be final and binding on the parties. The arbitral award may be enforced by any court of competent jurisdiction. Subject to the foregoing, any request for interim relief shall be submitted exclusively to the jurisdiction of the courts in New Delhi, India to the exclusion of all other courts.
ACCESS TO PLATFORM AND CONTENT
- Free Platform Access. We grant users access to our Platform and the Content available therein for purposes of interaction, exploration, and enjoyment, tailored to user preferences. At present, this access is provided free of charge. However, we reserve the right to implement fees for specific features or Content in the future to support the sustainability and continued development of the Platform.
- Notification of Future Fees. If we decide to introduce fees, we will provide advance notice, and such fees will only be applicable with your explicit consent. Any new fees will be clearly communicated on the Platform or through other appropriate channels. Should you choose not to agree to the newly introduced fees, you retain the right to discontinue your use of the Platform at any time.
- Fees on Third-Party Platforms. While our Platform is currently free to use, certain integrated Third-Party Platforms may impose fees to Use the Content and / or the Platform, which are determined exclusively by those third parties. We disclaim any responsibility for such charges, and we encourage you to review the terms of use and pricing policies of the respective Third-Party Platforms to understand any applicable costs.
- Advertisements and Revenue Generation. To support our operational costs we may display advertisements within the Content and / or the Platform. By accessing or using the Platform, you acknowledge and consent to the display of such advertisements and the monetization of user interactions.
SEVERABILITY
If any provision of this Terms, or any part thereof, is found to be unenforceable by a court of competent jurisdiction, the unenforceable provision will be modified or limited to the extent necessary to make it enforceable, while preserving the original intent of the provisions as closely as possible. The remainder of the Terms will remain in full force and effect, and the unenforceable provision will not affect the enforceability of any other provision.
WAIVER
No provision of the Terms shall be deemed waived, nor shall any breach be excused, except by a written instrument executed by us. Any consent or waiver by us of a breach, whether express or implied, shall not be construed as consent to, a waiver of, or an excuse for any other breach, whether of the same or different nature, occurring either prior to or subsequent to the breach in question.
ASSIGNMENT
You agree not to transfer, assign, sublicense, or delegate any of your rights, obligations, or interests under the Terms to any third party, whether by operation of law or otherwise, without our prior express written consent. Any such transfer, assignment, sublicense, or delegation without our prior written consent will be void and have no effect.
We reserve the right, at our sole discretion, to transfer, assign, sublicense, or delegate the Terms, in whole or in part, along with all associated rights, obligations, and interests, to any of our affiliates, subsidiaries, or any third party, without requiring your consent or prior notice. This includes, but is not limited to, transfers, assignments, sublicenses, or delegations in connection with corporate restructuring, the sale of substantially all of our assets, or any other business transaction.
MODIFICATION RIGHTS
We reserve the right, at any time and at our sole discretion, to make changes to the Platform and / or Content, including by upgrading, updating, modifying, improving, adding or removing any Platform Material or Content, as we deem appropriate. Such changes may be made without prior notice to you.
We also reserve the right to amend the Terms by revising, adding to, or removing any portion of its provisions, whether substantive or procedural. Any amendments to the Terms will be effective immediately upon posting on the Platform, unless otherwise specified, and shall be binding upon you from the date of posting. By continuing to access or use the Platform and / or Content after any changes, you acknowledge and accept the revised Terms and agree to be bound by its provisions.
We encourage you to periodically review this page to remain informed of the most current Terms.
ELECTRONIC RECORDS DISCLAIMER
The Terms is an electronic record generated by a computer system and is legally valid in compliance with the Information Technology Act, 2000 and relevant provisions under applicable Indian laws. It does not require a physical or digital signature.
By accessing the Platform and / or the Content, you confirm that you have read, understood, and agree to be bound by all the provisions of these Terms.