GENERAL TERMS AND CONDITIONS

Effective as of November 07, 2018.

1

Subject; Area of Validity

1.1

The following general terms and conditions regulate the use of online and mobile games (hereinafter referred to as Zaps) and other services provided by MillionZaps, on its websites and in app stores. The users of Millionzaps websites and services are hereinafter referred to as Zappers.

1.2

MillionZaps offers online and mobile zaps and other services within the context of its technical and operational capabilities. This does not include periods of time during which the use of online and mobile zaps and other services are interrupted or affected due to urgent technical reasons or required maintenance work. MillionZaps is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which MillionZaps’ general servers or the servers of certain zaps do not allow online access due to reasons beyond MillionZaps’ control (force majeure, third party responsibility, etc.).

1.3

MillionZaps continuously updates, changes, and develops its online and mobile zaps and other services at its own discretion. Zappers can therefore only participate in the respective online zap, mobile zap, or other offer in its respective form provided at any given time. MillionZaps retains the right to cease operating an online or mobile zap or remove a specific service without explanation.

1.4

Online and mobile zaps and other services offered by MillionZaps are intended solely for the purpose of learning through entertainment. The use of these zaps or services for business or commercial purposes is strictly prohibited.

1.5

Zappers are responsible for ensuring that their own software and hardware is suitable and up-to-date.

1.6

In addition to these general terms and conditions, any existing rules of the respective online or mobile zap shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the zap, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile zaps, specific versions and/or components of online or mobile zaps, and individual services offered on MillionZaps’  websites as appropriate. Zappers will be appropriately informed of any specific terms and conditions prior to use of the respective offer.

1.7

Other provisions or general terms and conditions of a zapper, which deviate from MillionZaps’  general terms and conditions, shall only apply if MillionZaps gives prior written consent to their validity.

2

Conclusion of Contract

2.1

In order to use the online and mobile zaps and other services provided by MillionZaps, zappers must register for and, if needed, install the app in question.

2.2

Only natural persons are eligible for registration. Only individual persons are permitted to be authorized zappers (no groups, families, spouses or life partners, etc.).

2.3

Children under 8 years of age are not permitted to register. It is recommended that children below 13 years of age should register under the supervision of their parents/guardians.

2.4

Zappers must enter a screen name and generally an email address registered to the zapper in order to register for the online zaps; the participation requires a screen name. Zappers have no claim to a particular screen name. The selected screen name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a screen name. Zappers must ensure that the information provided to MillionZaps during registration is genuine and complete.

2.5

Millionzaps also allows registration using Social Media sites like Facebook or Google login credentials. The data required for registration shall be taken from the zapper's such social media  account for this purpose.

2.6

Zappers must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.

2.7

After successful registration, the zapper creates an account ("zapper account") which the zapper can manage independently. The zapper account cannot be transferred without the explicit consent of MillionZaps.

2.8

Zappers have no right to claim registration or activation.

3

General Zapper Obligations

3.1

Zapper data

 

Zappers agree to immediately provide MillionZaps with any future changes to data entered upon registration, in particular any change to the email address. Zappers are obliged to confirm for MillionZaps the accuracy of their data upon request. Zappers also agree to provide up to date information like their current engagement, qualification, course they are pursuing, institutions etc whenever asked for. Zappers have the option to stop using the services in case they do not wish to share the requested information.

3.2

Login data, identification, passwords

   

3.2.1

Zappers are required to maintain strict confidentiality regarding all login data, identification, and passwords.

3.2.2

The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the zapper and prevent unauthorized use by third parties. The password should be strong and not easily guessable.

3.2.3

Zappers are required to protect all login data, identification, and passwords from third-party access.

3.2.4

In the event that a zapper has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform MillionZaps immediately and change their data or have it changed by MillionZaps. In this case or in the event that MillionZaps has concrete evidence of misuse of data, MillionZaps has the right to temporarily block access to the zapper's account. If there is evidence of misuse of data, MillionZaps shall inform the zapper.

3.2.5

Zappers are under no circumstances entitled to use the login data of another zapper.

3.3

Use of MillionZaps’  websites and website content

   

3.3.1

MillionZaps’  websites and mobile zaps include various content that is protected by trademarks, copyrights, or other means for the benefit of MillionZaps or third parties. Unless explicitly permitted within these general terms and conditions, zappers may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of MillionZaps’  websites, mobile zaps, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.

3.3.2

The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by MillionZaps. The term "content" also includes, in particular, all services available for download.

3.3.3

Zappers are obliged to abstain from any measure which may compromise or interrupt the proper functioning of MillionZaps’  websites, any individual services and/or offers there, or its online and mobile zaps. Zappers are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other zappers' use of MillionZaps’  websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.

3.3.4

Any use of MillionZaps’  websites or mobile zaps for commercial purposes, especially advertising purposes, requires the express prior written consent of MillionZaps.

3.3.5

Zappers are not entitled to publish content on MillionZaps’  websites, online zaps, mobile zaps, or other services unless they have subscribed to a membership which explicitly permits them

3.3.6

MillionZaps’  websites may not be used via an anonymization service that hides the zapper's true IP address.

3.4

Use of client software

 

In the case of offers which require the prior installation of a client software, MillionZaps grants the zapper an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the zapper agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software's various production levels are prohibited.

4

Specific Terms for the Use of Online and Mobile Zaps

4.1

The zapper may only take part in every Zap, online or mobile using one zapper account, unless the respective rules of the zap allow for exceptions from this. The use of several zapper accounts by one zapper is not permitted. Multizapper accounts such as these may be deleted or banned at the  discretion of MillionZaps.

4.2

Zappers are prohibited from enacting any form of manipulative interference in online or mobile zaps. In particular, zappers are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the zap. Zappers may not take measures that may cause an unreasonable or excessive burden on technical capacity. Zappers are not allowed to block, rewrite, or modify content generated by the zap administration or to interfere with the zap in any other manner.

4.3

Under no circumstances may zappers

 

a) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile zaps,

 

b) use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile zaps,

 

c) use virtual items that are being used in online or mobile zaps outside of the online or mobile zaps, purchase virtual items for "real" money, or sell or swap virtual items,

 

d) sell, buy, or trade zapper accounts.

 

This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.

4.4

Zappers are also prohibited from running the online zap (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide zappers with an advantage over other zappers. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.

   

4.5

It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or can not be displayed in general e.g. by so-called pop-up blockers, text-based browsers, or similar.

4.6

The automated creation of zapper accounts, regardless of whether the home page is displayed or not, is not permitted.

4.7

MillionZaps or contractors authorized by MillionZaps hold all and exclusive rights to content used and provided in online or mobile zaps. Zappers will only receive a non-exclusive right of use to the content for the duration of the zapper agreement.

4.8

Membership

 

a) Signing up

 

You may sign up for one of the membership on payment of the membership fees and you will be eligible to take all zaps available under that membership. Memberships are non-transferable. Memberships can be renewed by paying the subscription fees or using the accrued points in case such upgrade option is available in the Rewards Catalogue.

 

b) Upgrades

 

You can upgrade your membership to a premium membership by paying the upgrade fees. The benefits accruable under the membership like additional points etc will be applicable from the date of upgrade only and not retrospectively.

 

c) Cancellation/Refund

 

No refunds will be entertained for the membership/upgrade fee once paid.

d) Terms of Membership Purchase

 

The money is collected via the service provider commissioned by the zapper for the respective payment process or via a transfer made by the zapper. For mobile zaps, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of MillionZaps.

 

After completion of the payment process or, in the case of a transfer, after the receipt of the money in MillionZaps’  account, MillionZaps shall credit the purchased features to the zapper's account. The credit simultaneously represents that the zapper has accepted a contract from MillionZaps regarding the purchase of available features.

 

In mobile zaps on the portals of individual business partners and in online and mobile zaps that have been integrated into social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, zappers will be informed on the specific procedure for concluding a contract.

 

The zapper acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.

 

MillionZaps retains the right to revise the fees for features available for purchase. This includes MillionZaps’  right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.

 

Statutory interest shall accrue in instances of default. MillionZaps is also entitled to block the zapper account, recover further damages, and terminate services.

 

Should MillionZaps incur back charges or cancellation fees at the fault of the zapper (including an inadequate account balance), the zapper shall bear the costs incurred from this.

5

Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)

5.1

MillionZaps may provide zappers with different communication facilities for self-created entries and posts on MillionZaps’  websites, in the zap, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which the zapper may use when available. In this regard, MillionZaps only provides zappers with the technical environment for an exchange of information. However, zappers do not have the right to claim communication features.

5.2

Zappers take full responsibility for the content and entries they post. Zappers agree to release MillionZaps from any legitimate claims from third parties arising from a culpable violation of the zappers' obligations. MillionZaps explicitly does not claim content entered by zappers as its own. However, zappers shall grant MillionZaps the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the zappers.

5.3

Within the context of these communication facilities, zappers are prohibited from publishing or distributing content on MillionZaps’  websites that:

 

a) violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective zap;

 

b) violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;

 

c) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;

 

d) is of an abusive, harassing, or defamatory nature;

 

e) includes chain letters or pyramid schemes;

 

f) falsely suggests that it is provided or supported by MillionZaps;

 

g) contains personal data of third parties without their explicit consent;

 

h) is commercial, in particular promotional, in nature.

5.4

The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.The final decision to approve such posts will solely rest with MillionZaps

5.5

All zappers of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.

5.6

Notwithstanding any other rights under these general terms and conditions, MillionZaps has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. MillionZaps also has the right to exclude zappers who violate these rules, in whole or temporarily, from further use of MillionZaps’  online and mobile zaps, websites, and other services.

6

Consequences of a Breach of Duty

6.1

MillionZaps is not liable for damages resulting from a zapper's breach of duty.

6.2

Regardless of any additional legal or contractual rights, it is at the reasonable discretion of MillionZaps to take the following actions against any zapper who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and zap rules:

 

a) remove content,

 

b) issue a warning to the zapper,

 

c) temporarily or permanently block a zapper from specific or all online and mobile zaps and content of MillionZaps’  websites,

 

d) suspend a zapper, also from certain zap functions (e.g. chat)

 

e) issue a temporary or permanent virtual ban from the zap in cases of a violation of item 6 of these general terms and conditions, or

 

f) immediately terminate the contract.

6.3

If zappers have been blocked or excluded, they may not log in again to a service provided by MillionZaps without the prior consent of MillionZaps.

7

Zap Points

7.1

Zappers earn Zap Points for successfully accomplishing different defined activities on MillionZaps. The Zap Points for Zaps are granted on the basis of the grades earned for every zap. The Total Zap Points may vary from Zap to Zap and membership the zapper is enrolled into.

7.2

Zappers can redeem the Zap Points for the any of the rewards listed in the rewards catalogue subject to availability and the zapper having sufficient balance.

7.3

Once the zapper has claimed a reward, it may take upto 30 days for the rewards to reach the zapper. In case the zapper has been enrolled through his institution the rewards will be delivered to the institution. Millionzaps will not be responsible for courier/postage delays or delays caused due by force majeure.

7.4

Rewards once claimed cannot be changed or refunded.

7.5


7.6

7.7

The Zap Points value of the rewards may change from time to time. The value mentioned at the time of redemption will be applicable.

MillionZaps may at its discretion remove a particular reward from the catalogue.

MillionZaps reserves the rights to reject a redemption request.

7.8

The rewards listed in the catalogue are for representational purposes only and does not guarantee the brand or specifications. Although all efforts will be made to make available the same brand represented in the catalogue, subject to availability and price does not change, alternative similar brand/specification reward may be provided at the discretion of Million Zaps.

8

Limitation of liability

8.1

Zappers are held personally liable for any violation of a third party's rights. Zappers agree to reimburse MillionZaps for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Zappers release MillionZaps from all eligible claims that other zappers or third parties may file against MillionZaps due to a violation of their rights by content posted by the zapper or due to a violation of other obligations. Zappers shall assume the costs of MillionZaps’  legal defense, including all court and legal fees. This condition does not apply if the zapper is not responsible for the infringement.

8.2

The liability of MillionZaps, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:

   

8.2.1

If MillionZaps provides the respective liability-causing service free of charge, MillionZaps is liable only for malice and gross negligence.

8.2.2

In the case of non-gratuitous services, MillionZaps’  liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, MillionZaps will only be liable for a breach of essential contractual obligations such as delay or unavailability which MillionZaps is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that MillionZaps had to calculate upon conclusion of the contract due to the circumstances prevailing at this time.

 

"Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the zapper and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.

8.2.3

MillionZaps assumes no liability for interruptions within the network that are not the fault of MillionZaps.

8.2.4

MillionZaps is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the zapper.

8.2.5

The aforementioned liability limitations do not apply in cases of explicit guarantees made by MillionZaps, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.

9

Contract Duration; Deletion of Zapper Accounts

9.1

Unless expressly stated otherwise for the respective online game, mobile game, or other service, the contract for the use of the MillionZaps’  website, online zaps, mobile zaps, and other services runs for an indefinite period. The contract begins upon accreditation or activation of an account by MillionZaps.

9.2

The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.

9.3

Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if

 

a) a zapper has defaulted on payment of the fees, and does not pay despite reminders,

 

b) a behavior significantly affecting the zap experience of other players is being displayed,

 

c) cheats, mods, and/or "hacks" as well as any other form of software, tools, or scripts that alter the gaming experience or the zap mechanism of online or mobile zaps are being used,

 

d) third parties make use of a zapper's account, unless the rules of the zap allow for specific exceptions,

 

e) a zapper makes use of a third party zapper account or uses more than one zapper account per online game, unless the rules of the zap allow for specific exceptions,

 

f) a zapper has sold, bought, or traded a zapper account, or

 

g) the zapper culpably violates laws that serve to protect other players or MillionZaps

 

h) the zapper violates these general terms and conditions, additional governing provisions, and/or the rules of the game.

i) the zapper fails to update or provide the required profile information as deemed necessary by MillionZaps

9.4

Zappers intention of termination must always be made in writing. Terminations sent via email are considered to have been made in writing.

9.5

In the case of extended inactivity, MillionZaps is entitled to delete the inactive zapper account after giving prior notice of this and only after at least 1 months of inactivity. Moreover, MillionZaps is entitled to delete a zapper account at the end of the contract at its own discretion.

10

Online Dispute Resolution

10.1

We can be reached via the Communication platform provided on MillionZaps for any dispute resolution. However, we do not intend to and are not obliged to participate in a dispute resolution procedure in front of a consumer arbitration board. Should you contact us, we will usually get in touch with you directly.

11

Governing law

 

The laws of the Republic of India shall apply. The mandatory provisions of the country in which the zapper resides shall remain unaffected by this legal decision.

12

Amendments to these general terms and conditions; Miscellaneous

12.1

MillionZaps retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the zapper. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Zappers will be informed of any amendments to the general terms and conditions via the MillionZaps’  website and via the respective online or mobile zap at the time they login or via email or via any any other suitable mode when the amendment is scheduled to take effect. Alternatively, MillionZaps may send its zappers the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the MillionZaps’ websites. The zapper is bound to agree to the amendments or has the option to stop using the services. The terms and conditions are deemed to have been accepted if the zapper remains silent or if the zapper uses the services of MillionZaps again after receiving notification of the amended terms and conditions. MillionZaps will specifically inform its zappers about the four-week period, the right of withdrawal, and the legal significance of remaining silent.

12.2

MillionZaps can transfer its rights and obligations from this contract to associated companies in accordance with Laws/Registrar of Companies.

12.3

MillionZaps generally communicates with the zapper via email - unless indicated otherwise by these terms and conditions. Zappers need to ensure that they regularly check the Million Zap Inbox/email account specified at registration for messages from MillionZaps. When contacting MillionZaps, zappers must indicate which online or mobile zap and which zapper account the message concerns.

12.4

Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.

13

Licenses

 

The design and content of MillionZaps is licensed by Zaps Learning & Development (OPC) Private Ltd.