Article 1 – Applicability
1.1 The general terms and conditions stated below (“Terms & Conditions”) apply to and are part of all offers and transactions under (digital) services offered (online) by Crosmo Pte Ltd. (“Crosmo”) via the network of any mobile communication provider (“Operator”) with whom the End-user has a subscription (“Mobile Subscription”) or a Prepaid-agreement, irrespective of whether or not these services are further described in these Terms & Conditions. The (digital) services offered by Crosmo may include (but are not limited to) games, text messages, sound and/or image files and/or similar services (“Quizir Services”) that are supplied via Operator’s network by means of Short Message Services (“SMS”), General Packet Radio Services (“GPRS”), Third Generation Services (“3G”), WAP or other means.
1.2 No departures from these Terms & Conditions shall apply except with the prior express consent in writing from Crosmo for the specific agreement.
Article 2 – Delivery Quizir service
2.1 The End-user requests the Quizir Service(s) from Crosmo. These will be delivered by Crosmo via network of the Operator to the End-user.
Article 3 – Terms & Conditions
3.1 You will have to compete against players from your own country.
3.2 The advertised prize has been previously advertised in a different advertisement (including look and feel) and on different mediums. However 1 PRIZE will only be given out for all the advertisements and on different mediums bearing the same item which has the same end of the term date.
3.3 The End-user need to be at least 18 years old. If you are not the person responsible for paying the mobile bill or under 18 years of age, please obtain the permission of the payer of the mobile bill, parents, guardian, employer before subscribing and/ or participating in the service. By subscribing and/or participating in the service, Crosmo presumes that End-user has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.
3.4 At the end of term for the promotion, the winner list will be uploaded on this website. The results are final and binding and no correspondence will entertained. Within 7 workdays after the closing of the promotion, the winner will be personally contacted via the mobile number used to subscribe to the Quizir Service. Upon being notified as the winner, the winner have 60 days from the date of notification to collect or to provide Crosmo winner’s address to which the prize is to be sent to. If winner fails to collect the prize or provide the address to send to prize to or be in contact with Crosmo within 60 days after being notified, the prize won will be forfeited and Crosmo shall no longer be required to give winner the prize. The prize will then be given to the second highest points winner with also the same 60 days’ time period to collect or providing Crosmo the forwarding address to send the prize to. If the prize is sent to the winner’s address Crosmo will not be held responsible and/or liable for any damages or losses of the prize that may incur.
Article 4 – Prizes
4.1 Crosmo reserves the right to replace the item of equal or greater value as an alternative to replace any of the prizes in whole or in part. The prize must be accepted as offered, and is not transferable or severable.
4.2 The coverage of the promotion will be mentioned under ‘Products and Prizes’ under this website. Crosmo reserves the right to utilize all winners’ images, photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice or paying the winner.
Article 5 – Cost
5.1 Offers or statements mentioned in advertisements or www.Quizir.com (“Website”) are without engagement unless it is expressly stated in writing otherwise.
5.2 Charges are debited against the End-user’s account by the Operator; in the case of a pre-paid subscription, charges are deducted from the End-user’s credit balance. The End-user hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of participating in Crosmo’s service/ Quizir Services. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).
Article 6 – Price changes
6.1 Crosmo is at all times entitled to change any and all costs following prior announcement on the Website. Changes shall be deemed accepted if End-users continue to use or subscribing to Crosmo’s Quizir Services after the date on which the price change is to be implemented.
Article 7 – Termination and unsubscription liability
7.1 Crosmo may immediately terminate all Quizir Services to the End-user if (a) the End-user fails to pay the charges within the period stated in End-user’s mobile phone subscription with the Operator, or (b) Crosmo (i) has cause to believe that the End-user acts or has acted in violation of this Terms & Conditions or (ii) is expressly requested by the Operator to do so or (c) any law, regulations, directives or governmental action renders all or any portion of the Quizir Service is unlawful or impractical; or (d) the End-user use of the Quizir Service impairs or threatens to impair the integrity or functionality of the Crosmo network in any manner.
7.2 Crosmo shall accept no liability towards the End-user and/or third parties resulting from termination or cancellation of the Quizir Service(s)
Article 8 – Intellectual property
8.1 Except where stated otherwise in these Terms and Conditions, all patent, author, brand, drawings, model rights and/or other (intellectual) property rights with regard to Quizir services and/or the Website belong to Crosmo, their distributor, or it’s supplier.
8.2 Crosmo hereby grants end-users with a limited, non-exclusive, non-transferable, and revocable right of use for the download, and/or viewing of Quizir Service(s).
8.3 Unless expressly stated otherwise by Crosmo, the end-user is expressly forbidden to reproduce, modify, reverse engineer, rent, lease, loan, transmit, duplicate, execute, transfer, distribute, sell, resell, create derived products from or use in any other way the downloaded or received Quizir Services in whole or in part, other than in the ways and for the purposes expressly consented to in writing by Crosmo.
8.4 The end-user indemnifies and hold harmless Crosmo its officers, directors, employees, suppliers and any third party information provider and accepts liability to Crosmo its officers, directors, employees, suppliers and any third party information provider for the consequences of breaches of intellectual property rights of Crosmo or third parties, , violation of this Terms and Conditions or the Games Terms and Conditions arising from unauthorized use of Quizir services or conduct on the Website.
Article 9 – Liability
9.1 The use of the Quizir Services and Website of Crosmo takes place at the end-user’s own risk. The end-user must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the Quizir services. Crosmo cannot guarantee that the Quizir services meet the requirements of the end-user or that the download, receipt and/or viewing of the Quizir services shall be free of interruption or errors.
9.2 The end-user acknowledge that mobile telecommunication services, such as the Quizir services, are subject to the ability to establish and/or maintain a connection, that the quality of the connection may not be equivalent or sufficient at every place and time, and that the Quizir Services can be negatively influenced or temporarily unavailable due to disturbances caused by physical factors (tunnels, mountains, buildings, etc.), or by modifications or maintenance to the Operator’s network.
9.3 If at any time the subscribers is unable to make uninterrupted use of the Quizir Services, this shall in no way lead to any right to reduction of the charges for the Quizir Services nor to any right to restitution of payments previously paid.
9.4 Any subscription or download of the Quizir services are at the end-user’s own discretion and risk and that under no circumstances shall Crosmo be held liable for damage of any kind, including but not limited to infections or contamination or loss of data or damage(s) of the end-users’s hardware and/or software resulting from access to the Website or use of the Quizir services or downloaded Quizir services, including the hardware and software required to connect to the Quizir services. It is the responsibility of the end-users to take the necessary measures to avoid potential damage of this nature.
9.5 In the event that Crosmo for any reason whatever is held liable to compensate the end-user for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the Quizir Services paid by the end-user for the alleged damage.
9.6 The contents of the Website have been compiled with the greatest care. However, Crosmo cannot provide any guarantee as to the nature, accuracy or content of this information. Crosmo shall not be held liable for any errors, omissions, inaccuracies, misunderstandings, delays or illegible orders or notifications pursuant to the use of the Internet, or the applicable information point.
9.7 The end-user shall not send infected and/or contaminated, unlawful, harmful, threatening, vulgar, defamatory, tortuous, invasive of other’s privacy or otherwise objectionable messages to Crosmo, and indemnifies Crosmo against any damages direct or consequential pursuant to the sending of such messages.
9.8 The Quizir Service provided by Crosmo is for purpose of entertainment only and the information or answers are not a professional advice regardless whether it is financial, love, management or any other information or advice. If you require accurate advice, please seek advice from a professional and do not rely on the information provided in the Quizir Service.
Article 10 – Legal choice
10.1 The use of the Quizir Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of Crosmo to exercise or enforce any rights or provisions of the Terms & Conditions shall not constitute a waiver of such rights or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intention as reflected in the provisions to the fullest extent permitted by the law and other provisions of the Terms and Conditions remains in full force.
10.2 Any and all disputes shall be resolved before a competent court in Singapore.
Article 11 – Final provision
11.1 These Terms & Conditions are available for viewing at Crosmo, and a copy will be provided free of charge upon request.
11.2 Crosmo reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to end-users by posting on the Crosmo Website. Changes in this manner shall be deemed to have been accepted if end-users continue to use or download the Quizir Services after a period of date stated on which on which it will be implemented.
11.3 Crosmo reserves the right to replace any item with other substitutes at similar value without prior notice.
11.4 Please send all correspondence regarding the Quizir Services or these Terms & Conditions to Crosmo Pte Ltd. by e-mail: [email protected] or you can call 1300338771 (toll free, excluding the costs for the use of your mobile phone)