The terms used in these Terms and in Game Descriptions shall have the following meanings:
Operator - the telecom service provider through whose mobile telecommunications network the User is using the Services
Prize – a good or service which is given by the Service Provider to the winning User
Quiz – A skill based Quiz game, based on answering a question, in which Users may participate upon payment
Service – service provided by Service Provider, comprising provision of access to Site and to the Quiz game
Service Provider – Swanbay Technologies India Private Limited with its registered office at E-5, F/F, LEFT SIDE,(OLD NO-133), WESTERN MARG, LANE NO-1, SAIDULAJAB, NEW DELHI-110030 New Delhi
Site – The MiGreet website (www.migreet.com)
User – Person who participates in the Service
Fees – the fees inclusive of taxes, which are paid by User for participation in the Service
Winning User – User who has won the Quiz according to the rules
These Terms contain the rules for the use by Users of the Services provided by the Service Provider through the Service. They mainly relate to the use of competitions and quizes which may from time to time be posted on the site. Users may participate in these, and other premium services, upon payment of the Fees. These Terms constitute the rules for providing services through electronic means and the agreement between the Service Provider and the User in accordance with the Indian Contract Act 1872.
By using the Service, the User accepts these Terms. The User shall not be entitled to receive and use any Service without prior acceptance of these Terms. If the User does not agree to any part of these Terms, the User may choose not to use the Service. Use of the Service in any manner by the User shall be deemed acceptance of these Terms.
The User shall not use the Service for any illegal purpose.
If the User places any data (e-mail address, mobile number) related to third parties within the Service, he may do so only if it does not infringe the personal rights of these persons.
The Service Provider is entitled to alter or amend the terms and conditions at any time to comply with changes in regulatory requirements or by reason of changes in the terms of business or working practices of third parties with whom Service Provider contracts for the provision of the Services upon giving User not less than twenty one days notice in advance by e-mail and/or by posting the alteration on the Site and the date it is to take effect.
The Service Provider advises that at the time of connection with the Service by any person, the system logs information about the numbers (including IP and sometimes MSISDN) and the type of such person's equipment which is in use. The Service Provider advises that it will process in accordance with the law such data, including data on the number (including IP) and the type of device and time of the connection with the Service, and other data relating to activities in the Service. These data are processed, in particular, for technical purposes and to collect general statistical information.
No User/User from the states of Orissa or Assam can use the Services and shall not be eligible to participate in any Quiz or win any prizes in this Service.
Conditions of Participation in Quizzes
The Quiz is a game in which User, who has met the various conditions stipulated may participate upon payment of the Fee.
The User can pay and participate in a quiz completion one time covered by Single Fee. User may again use a Service upon payment of another Single Fee.
Users shall not modify or cause to be modified any files or transmission that are a part of the Service; nor create or use any software designed to modify the way of the Service working.
The User acknowledges and warrants that he/she is a person who, at the time of use of the Service, is at least 18 years of age, is legally capable of entering into binding contracts, of sound mind and is participating in Service from a location in the Republic of India (except the states of Orissa and Assam) or elsewhere that the service is provided and legal, and whose permanent residence is in the Republic of India (except the states of Orissa and Assam).
Employees, representatives, assignees and agents of Service Provider, Operator, sponsors, advertising agencies and event coordinators involved in providing the Services, including their family and household members are not eligible to be Users.
The Service will only be provided to User who have a mobile telephone and a pre-paid contract or subscription contract with following mobile operators in India: Airtel, Vodafone, Idea, Aircel & Uninor, or simiar mobile operators in other countries.
The user comes to the MiGreet website and can pay through the Operator's payment interface after entering his mobile number and confirming the purchase. Then the User may play the quiz one time. After entering the user can submit his e-mail address in order to be informed when the prize is drawn.
The user may subsequently use the Service by once again using the payment process.
The Winning User will be the one who answers the question(s) correctly and is drawn at random from amongst all the Users who have entered and answered the question(s) correctly.
The Winning User will be notified by e-mail and/or SMS. The User must provide Service Provider with proper address data to obtain the Prize.
The Prize will be delivered within twenty eight (28) working days after the day the specific prize is won. Prizes are not interchangeable for money. The awarding of the winner of the prizes is final and not subject to any correspondence.
Prizes and the delivery terms thereof are subject to change.
The Service Provider shall not be liable for Prize condition and any product warranties or liabilities in connection with the Prize, whether statutory or otherwise. Service Provider does not provide any Guarantee for Prize. Guarantee if any, may be provided only by the Prize manufacturer or supplier.
The Service Provider may terminate the contract and the provision of the Services at any time, alter these terms and conditions as required by any applicable laws and regulations or for any other purpose.
The User is entitled to file a complaint within one (1) calendar month from the date when they believe the Service was improperly provided. Complaints submitted after the deadline will not be examined, though the Service Provider will immediately notify the User. Complaints may be submitted in writing or by any other means of communication, including electronically, unless it is precluded by technical capabilities. The date of the complaint shall be the date of receipt of complaint by the Service Provider. A Service Provider's response to the complaint will be provided within one month from the date of receipt.
The Service Provider hereby disclaims any and all liability in relation to the payments made by the User for the purpose of using the Services or participating in the Service. All enquiries or complaints in relation to any payment made shall be directed to Payment Operator and/or the Operator, and the Service Provider shall not be liable to the User in relation to any such payments.
The Service Provider hereby disclaims any and all liability in relation to the Prize received by any Winning User. All products related enquiries or complaints in relation to any Prize received shall be directed to the manufacturer of such Prize and the Service Provider shall not be liable to any User / User / Subscriber in relation to any Prize.
The User hereby acknowledges and agrees that he/she has consented to receiving communication from the Service Provider via e-mail, SMS or other means, and that any communication sent by the Service Provider to the User using such means shall not be considered to be unsolicited commercial communication.
User hereby acknowledges and agrees that the Service is a game of skill, and that the Service Provider owns all the rights and title to the Site and the Service, and that no rights (including intellectual property rights) in the Site, Service or Services are licensed or transferred to the User under any circumstances.
Limitation of liability
The Service Provider shall not bear responsibility for any omissions in fulfilling its obligations under the Terms of Service originating from circumstances for which it is not legally liable.
In particular the Service Provider shall not be held liable for interruptions to operations or any other interference, including technical interference, over which we have no control. Service Provider is not responsible for errors in the data transmitted by User, or which is received by Service Provider from a third party using User telephone, any failure of User to receive information, or any failure by the Operator. This includes, but is not limited to, submission errors caused by transmission failures; delays; typographical errors; telephone or network failures; computer, electronic, or Internet hardware or software failures: the inability of any site to accept all of Service Provider's data; and tampering.
The Service Provider does not provide any assurance or guarantee that the User will win prizes in any one competition, or at all.
The User shall be liable for any breach of the contract or misuse of the Site either by User personally or by a third party using the User's telephone.
The Service Provider is not liable for the content of any third party sites linked from the Site.
The Service Provider and User shall not be liable or responsible for any failure to perform, or delay in performance of its obligations under a contract that is caused by events outside Service Provider's or User's reasonable control, which may be caused by any act, event, omission or accident beyond their reasonable control including (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack or threat of terrorist attack, war, fire, natural disasters, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
In no event shall the Service Provider's liability in relation to a User exceed the amount paid by such User in the month preceding the date of such claim.
Any performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues.
The contact address of Service Provider is Swanbay Technologies India Private Limited with its registered office at E-5, F/F, LEFT SIDE,(OLD NO-133), WESTERN MARG, LANE NO-1, SAIDULAJAB, NEW DELHI-110030 New Delhi. The Service Provider may serve notice on Users by email, SMS message, posting notices on Site or any other suitable emthod. Notice will be deemed received and properly served immediately when posted on Service Provider's Site or 24 hours after an SMS or email message is sent.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
By participation in the Services, User hereby agrees to take part in any publicity accompanying or resulting from their participation in the Service, and for winners' names to be used for publicity purposes by Service Provider in printed, online or any other formats as the Service Provider sees fit.