Effective Date: 26/12/2023
Introduction
Welcome to PHOMO at https://www.Phomo.in, where our services (the “Services”) are governed by specific rules and restrictions. If you have any inquiries or concerns about these terms or our Services, feel free to reach out to us at Phomo@digislots.in These Terms of Use (“Terms”) constitute a legally binding agreement between you and Satbhav Media (“Company,” “Satbhav,” “Phomo,” “we,” “our,” and “us”). It is crucial to carefully read and understand this agreement, as your use or access to our Services implies your acceptance of these Terms. If you do not agree with any provisions herein, refrain from using or accessing our Services. Your continued use of the Services indicates your ongoing agreement to these Terms, which will remain effective throughout your use of the Services. Please note that these Terms encompass the content of this document and the Phomo Privacy Policy available at https://phomo.in/terms-and-conditions/.
To accept these terms and access our services, you must be at least 18 years old or meet the age of majority specified by the laws of your territory. The Services are not intended for users below the minimum age. If you do not meet the minimum age requirement, you are not permitted to use the services.
Upon registering on Phomo through another publisher site, product, or service, these terms will automatically be applicable to you. It is essential to read them carefully before using the product or service to ensure your understanding and compliance.
At Satbhav Media and Phomo, we want to emphasize that we will never request your bank details or ask you to transfer any money to us under any circumstances. All our services are provided free of cost to the user. We advise you to exercise caution and be vigilant against fraudulent activities. Neither Satbhav nor Phomo, along with its employees or associated parties, will ever solicit any personal information from you, except during the signup/login process. Your privacy and security are our top priorities.
When utilizing the product/service in areas without Wi-Fi coverage, it’s important to recognize that the terms of your agreement with your mobile network provider remain applicable. Consequently, your mobile provider may impose charges for data usage during your connection while accessing the product/service or other third-party charges. By using the product/service, you acknowledge and accept responsibility for any such charges, including roaming data charges if you use the product/service outside your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device you’re using to access the product/service, please ensure that you have obtained permission from the bill payer.
We securely store and process the personal data you provide to us to ensure seamless provision of our services. Please note that specific features of the product/service require an active internet connection, which can be through Wi-Fi or your mobile network provider. It’s important to be aware that Phomo cannot be held responsible if the product/service does not operate at full functionality due to the absence of Wi-Fi, expiration of your mobile data pack, or if your mobile operator is not providing data services for any reason. This potential limitation may occur at the start of the game or during its course, and Phomo assumes no responsibility for any functionality issues arising from issues with your Wi-Fi or mobile data provider.
When using the product/service in areas without Wi-Fi, it’s essential to consider that the terms of your agreement with your mobile network provider will still be applicable. Consequently, your mobile provider may impose charges for data usage during the connection while accessing the product/service or other third-party charges. By using the product/service, you acknowledge and accept responsibility for any such charges, including roaming data charges incurred when using the product/services outside of your home territory (i.e., region or country) without deactivating data roaming. If you are not the bill payer for the device on which you’re using the product/service, please be aware that we assume you have obtained permission from the bill payer to use the product/service.
Quiz Contest Rules:
Phomo hosts multiple prediction contests for user participation throughout the day. The following are the rules governing these contests:
Continuing with additional rules for Phomo prediction contests:
Scoring and Timing:
Winners are determined based on their scores and the time taken to answer all questions.
Prizes, in the form of coins, will be awarded according to the specified prize matrix for the game.
Contest Information:
Essential details such as Contest Name, End-time, Prize (in coins), and Rank matrix are clearly outlined for each active contest on Phomo.
Prize Currency:
All contests on Phomo offer prizes exclusively in the form of coins.
These coins are utilized for participation in Coin-Based Contests on the platform.
Free Coins:
Coins mentioned in point vi are provided free of charge to users.
Users may acquire coins through Coin-Based Games or receive them from Phomo for free participation if their wallet balance is insufficient.
Nature of Coins:
Emphasizing that the coins awarded are not equivalent to monetary value.
Coins are specifically intended for participating in Coin-Based Contests and cannot be converted into real money.
Reward for Winning:
Users will receive rewards in the form of coins only when they emerge as winners in a Quiz contest on Phomo.
Contest Participation Size:
Contests typically involve thousands of participants.
User rankings are determined based on their scores, reflecting their subject knowledge.
No Deposit Requirement:
It is explicitly stated that no contest active on Phomo requires users to deposit any money for participation.
Participation in any contest on Phomo is entirely free for all users.
By adhering to these rules, participants ensure a fair and transparent experience while engaging in prediction contests on Phomo.
Prize distribution:
After every game or event, Phomo will announce the winners, and the prize will be awarded in the form of Phomo Coins. Before participating in any contest, please review the Prize Matrix and participation rules.
Phomo Coins function as virtual currency and can only be used for quiz contest participation. They are kept separately in the Coins wallet and cannot be converted into cash or real money at any point.
If any fraudulent activities are detected on your part, with the intent to disrupt, manipulate, or hinder the proper usage of Phomo products and services, the company reserves the right to terminate your access to Phomo without prior notice.
Intellectual Property Rights
The content, material, trademarks, service marks, trade names, and trade secrets found on the Phomo website, application, services, and products are considered proprietary information belonging to the Company. This includes software, text, images, graphics, video, script, and audio. Users are explicitly prohibited from copying, downloading, reproducing, modifying, republishing, uploading, posting, transmitting, or distributing any Proprietary Information without obtaining prior written permission from the Company.
No element of Phomo, its services, or products should be interpreted as conferring a license, right, interest, or title to the user regarding any intellectual property rights owned by the Company. Some content on Phomo may be the property of third parties, and all rights related to such content remain with the respective third parties.
You acknowledge that trademarks, copyrights, logos, service marks, and other intellectual property owned by third parties shall remain vested in those parties, and you are not permitted to use them without the explicit consent of the respective third party. The license granted to users is limited and is subject to the restrictions outlined in the Terms of Service. Users are expressly prohibited from copying, modifying, or attempting to extract the source code of the product or service. Additionally, users are not allowed to translate the product or service into other languages or create derivative versions.
Restrictions
You are explicitly prohibited from engaging in the following actions with regard to Phomo:
- Publishing any material from Phomo in any media.
- Selling, sublicensing, or otherwise commercializing any material from Phomo.
- Publicly performing or showing any material from Phomo.
- Using Phomo in any way that is or may be damaging to Phomo.
- Using Phomo in any way that impacts user access to Phomo.
- Using Phomo contrary to applicable laws and regulations or in a way that causes harm to Phomo, or to any person or business entity.
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to Phomo or while using Phomo.
- Using Phomo for advertising or marketing purposes.
- Accessing restricted areas of Phomo without authorization.
Additionally, if you are from the regions of China and Russia in Asia, our services will not be available to you. Do not register or use Phomo if you are in these restricted countries.
The Company reserves the right to take various actions, including but not limited to deleting, suspending, terminating, limiting, or modifying access to the services or any portions thereof, without notice, if there is suspicion of or evidence that you have failed to comply with any terms of service, engaged in illegal activities, or used the services improperly. Such actions may result in the loss of your account, information, benefits, and use of services, and the Company is not obligated to compensate you for any losses incurred.
Furthermore, the Company may cease offering or supporting the services, including specific games or parts of the services, at any time, leading to the automatic termination of your license to use the services. In such cases, the Company is not required to provide compensation to users for discontinued or terminated services. Such actions may also result in the termination of your account and the disabling of your access to the services or any submitted content.
No Warranties
Phomo is provided on an “as is” basis, with all faults, and Satbhav makes no express or implied representations or warranties of any kind related to Phomo or the materials contained on Phomo. Additionally, nothing on Phomo should be construed as providing consult or advice to you.
Phomo may include links or connections to third-party websites or services that are not owned or controlled by the Company. By accessing third-party websites or using third-party services, you acknowledge and accept the inherent risks, and the Company is not responsible for such risks. It is strongly advised to be aware when leaving the Services and to review the terms and conditions and privacy policy of each third-party website or service visited or utilized.
The Company lacks control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites or by any third party that you interact with through the Services/website. Moreover, the Company cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold the Company harmless from any and all liability arising from your use of any third-party website or service.
Limitation of Liability
In no event shall the Company, its officers, directors, and employees be liable to you for anything arising out of or in any way connected with your use of Phomo, whether such liability is under contract, tort, or otherwise. The Company, including its officers, directors, and employees, shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of Phomo.
We do not have control and bear no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of being exposed to the content. By using the Services, you release us from all liability related to your acquisition or non-acquisition of content through the Services.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney’s fees, arising from:
(i) Your use of and access to the Phomo Services;
(ii) Your violation of any term of these Terms or any other policy of the Company;
(iii) Your violation of any third-party right, including without limitation, any copyright, property, or privacy right;
(iv) Any claim that Your use of Phomo/Services has caused damage to a third party.
This defense and indemnification obligation will survive these Terms.
If any user registers, changes, or manipulates the results/output on Phomo using any unfair or fraudulent means such as VPN, etc., then Satbhav Media/Phomo will not be responsible. Instead, the user shall be solely responsible for their unlawful act and shall indemnify Phomo/Satbhav Media for any or all claims arising out of it to the fullest extent.
Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Instead, the affected provisions shall be deleted without affecting the validity and enforceability of the remaining provisions herein.
Variation of Terms
As part of our ongoing effort to enhance the Services, we may undergo changes or improvements over time. This could involve suspending or discontinuing certain aspects of the Services, introducing new features, setting limitations on specific features, or restricting access to parts or the entirety of the Service. While we aim to provide notice for material changes that could adversely affect you, practicality and non-binding nature may limit our ability to do so. Additionally, we reserve the right, at our sole discretion and without prior notice, to remove any Content from Phomo, especially if there are allegations of content contributions violating these Terms.
In our pursuit of continuous improvement, both the Services and these Terms may evolve. When using any services provided by the Company, you are bound by the rules, guidelines, policies, and terms applicable to each service, considered integral to these terms of use. We retain the right, at our sole discretion, to modify, add, or remove portions of these terms of use without prior written notice. It is your responsibility to periodically review these terms for updates. Your ongoing use of Phomo following any changes indicates your acceptance and agreement to the revised terms.
Should you disagree with the new Terms, you have the option to reject them, but this decision implies that you can no longer use the Services. Continued use of the Services after a change to the Terms signifies your agreement to all modifications. No other amendment or modification of these Terms will be effective, except for changes described here.
Assignment
The Company is authorized to assign, transfer, and subcontract its rights and/or obligations under these Terms without requiring any notification or consent. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, inclusive of any legal notices and disclaimers on Phomo, constitute the comprehensive agreement between the Company and you regarding your use of Phomo. They replace all prior agreements and understandings on the same subject matter.
Dispute Resolution, Applicable Law, and Jurisdiction
In the event of a dispute between you and Satbhav, it is strongly recommended that you initially reach out to Satbhav directly to seek resolution by contacting them at [email protected].
The Terms are governed by and construed in accordance with the laws of India, without applying conflict of law principles. Furthermore, the Terms are subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana. You hereby acknowledge and consent to the jurisdiction of such courts.
No Class Actions
By accepting these Terms of Services, both you and Satbhav agree to bring any claims against each other exclusively on an individual basis. By agreeing to these terms, you expressly waive the right to participate in or bring claims as part of a class action. Claims against Satbhav must be pursued solely in your individual capacity.
That means:
Both you and Satbhav are prohibited from bringing a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator or court is not allowed to consolidate more than one person’s claim into a single case and cannot preside over any consolidated, class, or representative arbitration proceeding unless both you and Satbhav agree to modify this condition in writing. Moreover, any decision or award by the arbitrator or court in one person’s case can only affect that individual and cannot be used to decide disputes with other users or impact other users of the Services.
Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Services to Satbhav are unique and irreplaceable. The loss of these rights would cause irreparable harm to Satbhav, which cannot be adequately compensated for by monetary damages alone. Consequently, in the event of any breach or anticipatory breach by you, Satbhav shall be entitled to injunctive or other equitable relief, without the obligation of posting any bond or surety or requiring proof of damages.
By accepting these Terms of Services, you irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, the games, or the exploitation of any advertising or other materials associated with them. You further agree to limit your claims to claims for monetary damages, if any.
Force Majeure
Satbhav is not responsible for any delay or inability to perform that arises from factors beyond its reasonable control. This includes, but is not limited to, unforeseen circumstances or causes outside Satbhav’ control, such as natural disasters, war, terrorism, riots, embargoes, pandemics, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
App Usage Terms: Read Carefully, Follow by Conditions –
By downloading or using the app the terms and conditions will automatically apply to you, make sure that you go through each line and read them carefully before using the application as we owe no responsibility towards any breach.
● The user is not allowed to copy or modify the app or any part of it.
● Any kind of tampering with the trademark won’t be allowed.
● The user is not allowed to attempt and extract the source code of the app or translate the app into any other languages to make it in there unoriginal version.
● The app and all its trademarks, copyright, database right, and all other Intellectual Property Rights which are related to it and belong to the application shouldn’t be aggravated.
The app can process your personal data that has been provided to us in order to provide you excellent service. It’s the responsibility of the user to keep their phone and access to the app secure.
We here recommend not to break out your phone which is the process of removing software restriction and limitations imposed by the official operating system of your device. It could make your phone access to viruses and malicious programs and can compromise your phone security and we don’t behold any responsibility in that case.
User Awareness for App Functionality
In any case the user should be aware that this quiz app will not take any responsibility if certain function of the app is required to have an active internet connection. The connection can be of any medium whether it is a Wi-Fi or mobile network provider, but if the app is not working in full functionality without access of a proper connection and you don’t have any of your data left, then the dysfunctional app processing will not be in our hands.
If the user is using the app outside the area where the data connection is not secure they should remember that their terms of agreement with their mobile network provider will still apply. As a result they can be charged by their mobile provider for the cost of data for the duration of the connection.
while accessing the app or the third party changes in using the app you are accepting responsibility for any such charges including roaming data charges, if you use the app outside your home Territory, country, state or region without turning off data roaming and you are not a bill payer for the device on which you are using the app, please be aware that we assume that you have received permission from the bill payer for using the app, We don’t cater any such responsibility as well.
The users should take care of their devices to be charged and I’m case it runs out of battery and they cannot start from where they left, in any of these cases we cannot accept any responsibility.
With users’ respect while using our quiz application which is available only on android as of now, it is important to keep in mind that although we assure, it updates and corrects from time to time, we do rely on third parties sometimes to provide information that we can make available to you. Our app does not accept any liability for any loss direct or indirect which you are experiencing as a result of relying on the functionality of our app.
We may update our terms and conditions from time to time therefore users are advised clearly to review the condition after certain periods in case of changes. These changes will be effective immediately after they are posted on the website.
Privacy Policy
The privacy policy describes the processing of our quiz up please pay attention to the following information carefully. This
privacy policy can be updated at any time, we encourage users to frequently check this section of any changes you acknowledge and agree. It is your responsibility to review the policy periodically and become aware of those modifications.
By accessing our app you give us your consent to collect, store and use information you provide for any of the services that we offer. Owned and operated by
digi slots Pvt. Limited, the app keeps the users entertained and provides knowledge through its daily quizzes which may vary as per the functional setup. The privacy policy is applied to the information collected through the services as well as other information provided towards online and offline by the users end.
We strictly tell you not to access our services by any means of Technology which conceals your actual location or is unable to provide accurate details of the location. As per our effort we will provide you better access and control over the information which we collect and process about you. We require you to download and use the latest version of the app and keep updating from time to time.