------------------Terms and Conditions------------------

 

 

 

1. Welcome to Protivaa

 

Thank you for using Protivaa ("Protivaa", "we", "us", "our"). These Terms and Conditions ("Terms") are applicable to websites and software/mobile applications ('apps'), all owned and operated by Protivaa AS and from or in connection with which you are accessing this document. We refer to such websites and apps in this agreement as the "Protivaa Service" or "Service". The Protivaa mobile application is referred to as the "App". By using the Services or accessing any content or material that is made available by Protivaa or its users through the Service you understand and agree to accept and adhere to the following terms and conditions as stated herein.

 

Your agreement with us includes these Terms, our Acceptable Use Policy and our Privacy Policy which can be reviewed and accessed here: https://protivaa.com/homes/termsConditions  and https://protivaa.com/homes/privacyPolicy. The Terms, the Acceptable Use Policy, Privacy Policy, and any additional terms or agreements that you have agreed to are referred to as the "Agreements". If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Protivaa's website.

Please read the Agreements carefully as they contain important information about Protivaa Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the Protivaa Service or consume any Resources.

You promise that your registration information, payment details and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way at all times. If you have provided incorrect or inaccurate information, you should return to the log-in screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the agreements.

 

2. Responsible use and conduct

 

By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, (b) our Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines ("Acceptable Use"). The current Acceptable Use Policy is available here: https://protivaa.com/homes/termsConditions. We reserve the right to change the Acceptable Use Policy at any time without notice.

You understand and agree that in the event of a violation of the Acceptable Use we may immediately terminate or suspend your Protivaa account.

 

3. Changes to the Agreements

 

We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. In the event of material changes to the Terms, we will notify you at least 30 days before these new Terms apply to you, by issuing notice accessible through your use of the Services or by email to your registered email account. Please therefore make sure you read any such notice carefully. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Agreements by contacting us.

 

4. Protivaa Service plans

 

Protivaa provides a quiz and game-based learning platform, which brings fun into learning, for any subject, for all ages, letting users create, play and share learning games. Protivaa Services are available for free or as a paid service in accordance with the following.

The Protivaa Services that may be accessed subject to payment are currently referred to as "Paid Subscriptions". You can learn more about Paid Subscriptions and the different service plans that we offer you to sign up for by visiting https://protivaa.com/ (the "Service Plans"). You agree to abide by the terms and restrictions applicable to the Service Plan that you have signed up for.

We reserve the right to change or withdraw features, specifications, services and content of a Service Plan at any time, without notice to you. Please note that the content and features of a Service Plan may vary based on when you signed up and whether you have signed up through our website or via the App. The Protivaa Services offered via the App may only contain a limited version of the web based services.

If you have purchased a Paid Subscription through a distribution platform such as Websites, Google Play or Apple App Store, you must manage your account through such platforms.

 

5. Payments, cancellations and refunds

 

The Quiz Fees for Quiz Participation on a daily basis, daily quiz fees are deducted from the user balance.

If a subscription drops or cancellation is requested via the Site, Application or Services by a User which has advance payment then the remaining full amount will be returned within 7 to 10 working days.

Protivaa.com agrees that no refund will be permitted in respect of the quiz already played/participated.

 

6. Licensed rights

 

The Protivaa software applications and the Resources are licensed, not sold, to you, and Protivaa and its licensors retain ownership of all copies of the Protivaa software applications and Resources even if you have downloaded such Resources to your personal computers, mobile handsets, tablets, and/or other relevant devices.

All Protivaa trademarks, service marks, trade names, logos, domain names, and any other features of the Protivaa brand ("Protivaa Brands") are the sole property of Protivaa or its licensors. The Agreements do not grant you any rights to use any Protivaa Brand for any purpose, whether for commercial or non-commercial use.

 

7. Third Party Applications

 

The Protivaa Service is integrated with third party applications, websites, and services ("Third Party Applications") to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Protivaa does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

 

8. Account security

 

As creator of your Protivaa account you have access and control over the Protivaa account and the devices that are used to access the Service. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password nor any payment details associated with your account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You are also responsible for preventing unauthorized access and use of your account by any other than you. We can terminate your account or place your account on hold in order to protect you, Protivaa or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.

 

9. Term and termination

 

The Agreements will continue to apply to you until terminated by either you or Protivaa. You may terminate the Agreements at any time. Protivaa may terminate the Agreements or suspend your access to the Protivaa Service at any time, including in the event of your actual or suspected unauthorized use of the Protivaa Service and/or Resources, or non-compliance with the Agreements. If you or Protivaa terminate the Agreements, or if Protivaa suspends your access to the Protivaa Service, you agree that Protivaa shall have no liability or responsibility to you and Protivaa will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

You hereby acknowledge and agree that the perpetual license granted to Protivaa by you in relation to User Content will continue after expiry or termination of any of the Agreements for any reason.

 

10. Warranty and disclaimer

 

Although Protivaa will endeavor to provide the Protivaa Service in the best possible way without interruptions, you understand and agree that the Protivaa Service is provided "as is" and "as available", without any express or implied warranty, condition or assurance of any kind. This means that we do not represent or warrant to you that:

1.      the use of the Protivaa Service and the Resources will meet your needs or requirements.

2.      the use of the Protivaa Service and the Resources will be uninterrupted, timely, secure or free from errors.

3.      the information obtained by using the Protivaa Service and the Resources will be accurate or reliable, or

4.      any defects in the operation or functionality of Protivaa Service or any Resources we provide will be repaired or corrected.

You are using the Protivaa Service and the Resources at your own risk and for your own account. Any Resources downloaded or otherwise obtained through the use of the Protivaa Service is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Resources. Protivaa and all owners of the Resources make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Protivaa, its licensors, partners nor any owner of Resources warrants that the Protivaa Service is free of malware or other harmful components. In addition, Protivaa makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the resources thereof), User Content, or any other product or service offered by a third party on or through the Protivaa Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Protivaa is not responsible or liable for any communication between users or any transaction between you and third party through the Protivaa Service. No information or advice, whether expressed, implied, oral or written, obtained by you from Protivaa AS or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms. This section shall apply to the greatest possible extent permitted under applicable law.

 

11. Limitation

 

YOU HEREBY AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PROTIVAA SERVICE IS TO UNINSTALL ANY PROTIVAA SOFTWARE AND TO STOP USING THE PROTIVAA SERVICE. WHILE PROTIVAA ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE RESOURCES THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PROTIVAA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE RESOURCES THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROTIVAA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PROTIVAA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PROTIVAA HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PROTIVAA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO PROTIVAA FOR THE PRECEDING TWELVE MONTHS PRIOR TO THE RELEVANT LIABILITY AROSE, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Protivaa's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

 

12. Miscellaneous

 

12.1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Protivaa and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

12.2. Entire agreement

 

Other than as stated in this section or as explicitly agreed upon in writing between you and Protivaa, the Agreements constitute all the terms and conditions agreed upon between you and Protivaa and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

 

12.3. Severability and waiver

 

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Protivaa or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Protivaa's or the applicable third party beneficiary's right to do so.

 

12.4. Assignment

 

Protivaa may assign the Agreements or any part of them, and Protivaa may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

 

13. Governing Law / Jurisdiction

 

The Services are controlled by Protivaa from our offices located in Dhaka, Bangladesh. They can be accessed by most countries around the world. As each country has laws that may differ from those of Bangladesh, by accessing our Services, you agree that the statutes and laws of Bangladesh, without regard to the conflict of laws and the Bangladesh Convention on the Local/International services/goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.

Furthermore, any action to enforce this User Agreement shall be brought in the courts located in Dhaka, Bangladesh. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Acceptable Use Policy

 

By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use the Services and these Resources only for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines ("Acceptable Use"). Wherein, you understand that:

 

a. In order to access our Services and Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services and Resources. You agree that any information you provide will always be accurate, correct, and up to date.

 

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services and Resources. Accordingly, you are responsible for all activities that occur under your account/s.

 

c. Accessing (or attempting to access) any of our Services and Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services and Resources through any automated, unethical or unconventional means.

 

d. Engaging in any activity that disrupts or interferes with our Services and Resources, including the servers and/or networks to which our Services and Resources are located or connected, is strictly prohibited.

 

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

 

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

 

g. We may provide various open communication tools on our Services, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

 

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iiii. Impersonates any person or entity, including any Protivaa employees or representatives.

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with the Agreements, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

 

h. To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Protivaa and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Acceptable Use Policy or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Acceptable Use Policy. In such event, you shall provide us with such cooperation as is reasonably requested by us.