By accessing and using the Emtel Sports Qwizz Contest (“Competition”), you agree to be bound by the following terms and conditions including all the policies and annexes mentioned hereunder (hereinafter referred to as the (“Terms & Conditions”). Your access and participation to the Competition signifies your express consent to be bound by these Terms & Conditions.

You acknowledge and accept that these Terms & Conditions must be read together with the policies which are also accessible Emtel’s website at https://www.emtel.com/terms-and-conditions

1. Eligibility

1.1   You hereby warrant to Emtel that you have the required legal capacity to enter into and be bound by a contract to use the App under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older (“Participant”).

2. Registration

2.1   Subscribers willing to participate to the Quiz shall download the mobile app ‘Sportsqwizz’ from App store or Google play and register with their mobile number.

2.2   A One Time Password (“OTP”) will be sent on their mobile number to complete the registration.

2.3   Once registered, the Participant will be able to answer sports related questions on the app in addition by making use of hints as an aid. Participant will have to choose which contest category he/she want to participate. The Competition t consists of picking the correct answer from a set of multiple choice questions. Whether the Participant answers correctly or not, each reply shall trigger another question to keep the game ongoing.

2.4  A Participant will earn 100 points upon registration and 200 points for each correct answer.

2.5   A Participant can invite any other non-registered Emtel Subscriber to register for the Competition. If that Subscriber or those Subscribers successfully register(s) for the Competitionfollowing that invitation, the participant shall earn 100 bonus points.

3. App Material - Scope of Permitted Use

3.1   Subject to the provisions of these Terms & Conditions, you may only download, use and view the App restrictively for your own personal use and only for non-commercial purposes.

3.2   You shall not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the App. You must get Emtel’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the App Material, whether electronically or otherwise.

3.3   You shall not use this App or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.

3.4   You shall not link to any page on this App or frame same or any of the pages on this App in any way whatsoever without the prior written permission of Emtel. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.

3.5   You shall not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.

3.6   You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the App.

4. Your behaviour when using the App.

4.1   You shall not use the App to obtain or distribute:

4.1.1 Material which is defamatory, unlawful or contains hate speech; or

4.1.2 Bulk e-mail, whether solicited or unsolicited.

4.2   You must not interfere with or jeopardise the functionality or the operation of any part of the App or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this App or its material. 

4.3   You are strictly prohibited from using the App for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.

4.4   You shall not intercept any information transmitted to or from Emtel or this App which is not intended by Emtel to be received by you.

5. Disclaimer and Limitation of Liability on this App

5.1   The use of the App and reliance on any Products & Services is subject to the Liability & Disclaimer Policy.

6. Warranties and Indemnities

6.1   You hereby agree to indemnify Emtel and its officers, directors, employees, representatives or contractors or other persons for whom in law Emtel may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the App or its material or your breach of these Terms & Conditions.

7. Governing Law

7.1   This App is hosted, controlled and operated from the Republic of Mauritius. The Parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.

8. Whole Agreement

8.1   These Terms & Conditions, together with the Policies, constitute the whole agreement between you and Emtel relating to your access to and use of the App.

8.2   No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which Emtel may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by Emtel of any of Emtel’s rights and Emtel shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.

9. Personal Information Protection / Online Privacy Policy

9.1   Please refer to the Security & Privacy Policy on the processing of personal information and personal information protection.

10. Disputes

10.1     In the event that any claim, matter or dispute arises between you and Emtel arising out of or in connection with your use of the App, same must be referred to the Customer Services Department by contacting our Call Centre free of charge on 8970 or by email on emtel@emtelnet.com. Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.

10.2     Notwithstanding the clause 10.1, Emtel reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that Emtel is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the App or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.

10.3     Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Emtel, including but not limited to, for the collection of any outstanding debts due and payable by you to Emtel.

11. Address for delivery of notices

Emtel chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:

Postal Address:       

Emtel Ltd

Emtelworld, 10, Ebene Cybercity,

Ebene

Attention: Chief Executive Officer.

12. Removal of Access

12.1     Emtel may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the App at any time without the requirement of prior notification. Emtel may also impose limits on certain features and services or restrict your access to any or all of App or App material without notice or liability.

13. Intellectual Property Rights

13.1     All the content, Trade Marks and data (including copyrighted content) on the App, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Emtel and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the App, including these Terms & Conditions, vested in Emtel and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the App including by framing or similar means is prohibited.

14. Electronic Communications

14.1     You consent to receive communications from Emtel electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by Emtel for the purposes of these Terms and Conditions.

15. Marketing

15.1     By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from Emtel from time to time.

16. Modification of these Terms & Conditions

16.1     These Terms & Conditions shall commence from the date on which they are published on the App and website and continue indefinitely.  Emtel reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the App at any time, with no liability or recourse to you.

16.2     Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the App for any such amendments.

16.3     Emtel will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the App and its website, which you will be required to accept before using the App.


17. Liability & Disclaimer Policy

17.1     Emtel will not be responsible nor liable for any losses suffered by the Participant resulting from participating in the Competition, or for any other reasons beyond Emtel’s control.

17.2     Emtel shall not be liable for the unavailability of the App in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Emtel is not responsible or any other cause, whether similar or dissimilar, outside Emtel’s control.

17.3     No liability of any nature whatsoever shall be incurred by Emtel on the happening of a force majeure or any such events as aforesaid.

17.4     The use of the App and reliance on any products or services available online is entirely at the App’s own risk. The Portal, including all its functionalities, is provided “as is” and Emtel will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the App for any reason whatsoever.

17.5     Emtel does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the App. The Participant acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his sole risk. Emtel reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the App and the Products & Services listed herein.

17.6     Whilst Emtel takes reasonable precautions in its operation of the App, neither Emtel nor its representatives will assume any responsibility and neither Emtel nor its representatives shall be liable for any damages to or for viruses that may infect the Participant’s computer equipment or other property on account of his access to, use of or browsing of the App or his downloading of any materials, data, text images, video or audio from this App. Any material downloaded or otherwise obtained through the use of the App is done at the Participant’s own discretion and risk and he will be solely responsible for any damage to his computer system or loss of data that results from the download of any such material and Emtel will be held harmless from such claims at all times.

17.7     The Participant agrees that under no circumstances whatsoever, Emtel , its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Participant, his directors, employees, dealers or customers, resulting from his use of or inability to use the App or its material.

17.8     Emtel will at its best efforts screen or edit all the content available from the App to ensure that there is no illegal, defamatory or obscene content. You are encouraged to inform Emtel of any content on the App that may be offensive or illegal and hold Emtel harmless from any claims arising thereof.

18. Security and Privacy Policy

18.1     Security

18.1.1     The Participant is responsible for maintaining the confidentiality of his account and password obtained upon registration and for restricting access of third parties to his account. The Participant agrees to accept full responsibility for all activities that occur under his account and/or through the use of his password.

18.1.2     During registration on the App, the Participant will be asked to choose a login name and a password to access his account. His email address will be used as his login name.

18.1.3     The Participant shall change the generated password immediately after logging into the account. The Participant shall inform Emtel immediately, upon suspicion of any unauthorized use of his login username and password.

18.1.4     If the Participant forgets or loses his password, the password can be reset online.

18.1.5     The Participant should change his password on a regular basis.

18.1.6     The Participant should be precautious with automatic sign in; and must refrain from checking the “remember me” option on the application form screen if he uses a shared computer.

18.1.7     If the Participant updates any of his information, Emtel may keep a copy of the information that the Participant originally provided in Emtel’s archives for reasons as documented in this Policy.

18.1.8     Emtel may also share the Customer’s data with its suppliers and other authorized persons for the purpose of the App.

18.2     Privacy

18.2.1     Emtel undertakes to protect the information provided by the Participant in compliance with the Data Protection Law of Mauritius.

18.2.2     By visiting the APP, the Customer accepts the practices described in this Security & Privacy Policy and consents to our collection, use, disclosure and retention of his personal information as described in the Terms and Conditions.

18.2.3     Emtel will receive and store any information the Participant enters on the App or provides in any other way. Emtel shall use the information that the Participant provides for such purposes as responding to his requests, customizing future participation for him, improving its App, and communicating with him.

18.2.4     Cookies

Emtel automatically collects certain personal information when the Participant is using the App and mobile applications, such as the customer’s IP address, browser type, operating system, mobile carrier, ISP, URLs of sites from which the Customer arrives or leaves the App and/or mobile applications and sites that have embedded Emtel’s platform technology. Through cookies and other technologies Emtel is able to recognize the Participant as an existing or registered user of the App and/or mobile application.

A cookie is a tiny data file that resides on the Participant’s computer, mobile phone, or other device, and allows Emtel to recognize the Participant when he returns to the App using the same computer, mobile and web browser.

18.2.5    Emtel may use the Participant’s personal information as follows:

• To better understand the Participant’s needs and to provide a better overall service by contacting the Participant in relation to the App, Products and Services provided by Emtel.
• To inform the Participant about deals and promotions that Emtel may have, by sending promotional materials or details by e-mail or post.
• To contact the Participant regarding account status, changes to the Terms and Conditions and other matters relevant to the underlying services.
• To fulfill the Participant’s transaction requests, and to deliver the ordered products to the Participant.
• As requested by law.

18.2.6    The Participant’s personal information can only be disclosed to third parties where required or as authorized by the Law.

18.2.7    Emtel makes no warranty that:

• The App will meet the Participant’s requirements or will always be accessible;
• The App will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;
• The results that may be obtained from the use of the App will be accurate or reliable;
• The quality of any products, services, information, or other material purchased or obtained by the Customer through the App will meet his expectations; and Any errors in the App will be corrected.