Welcome to the QuizStar App! 

Before playing our various trivia games, we need you to understand and agree to the terms on which we provide the QuizStar App, and what you can and cannot do with any prizes you win while playing any of our Trivia Games. 

Each of our Trivia Games is different. Our prizes include Money, which is redeemable as vouchers to various major retailers or can be transferred into your PayPal account and Kels (K), our token system which you need to play. You need to have K to play any of the Trivia Games. Don’t worry, you’ll start out with enough K to have a crack at staying in the Trivia Game, and you can always purchase more K. 

Every game that offers a Money reward has a fee to play. Typically, the buy-in fee and progress fee are 10c instalments.

These Terms set out the terms and conditions that apply when you use the QuizStar App. By playing the Trivia Game, you agree to be bound by these Terms which form a binding contractual agreement between you and us.

Please carefully read through these Terms before using the QuizStar App. If you don’t agree to these Terms, please don’t use the QuizStar App.

• KEY TERMS TO KNOW

Before reading these Terms, you should know that when we use the following words in these Terms, those words have the following meaning:

Table 1: Defined Terms

1. CREATING A QUIZSTAR APP ACCOUNT
   1. CRITERIA YOU PROMISE YOU MEET
      1. In order to use the QuizStar App, you must:
         1. be at least 18 years old; or
         2. have the express consent of your legal guardian to use the Trivia Game. 
      2. You must be the holder of the credit card you use to pay any Fees, or have the express written consent of the holder of the credit card to use that credit card to pay the relevant Fees. 
      3. You must have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You must not access the Trivia Game if these facts are not true. By accessing and using the Trivia Game you warrant to us that you are at least 18 years of age.
   2. ACCOUNT REGISTRATION AND RESPONSIBILITY
      1. In order to use the QuizStar App, you will be required to sign up for a QuizStar Account (QuizStar Account). 
      2. When you register for a QuizStar Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
      3. You agree that you’re solely responsible for:
         1. maintaining the confidentiality and security of your QuizStar Account information and your password; and
         2. any activities and those of any third party that occur through your QuizStar Account, whether those activities have been authorised by you or not.
      4. You also agree to let us know if you detect any unusual activity on your QuizStar Account as soon as you become aware of it.
      5. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your QuizStar Account information or your password.
   3. KELS GIVEN TO YOU ON ACCOUNT REGISTRATION

Once you’ve registered your QuizStar Account, we will give you a certain amount of Kels. The amount of Kels you will receive on registration is set out in the QuizStar App. 

1. PLAYING GAMES ON THE QUIZSTAR APP
   1. PLAYING GAMES
      1. Using your QuizStar Account, you can access six different quiz games (Trivia Games), each with different rules and rewards as set out in the QuizStar App and in Table 1. 
      2. To play a Trivia Game you must first purchase Money or have K, in accordance with clauses 3.2 and 3.3 collectively, which will be added to your DamnN Bank. 
      3. You can then play all Trivia Games in exchange for the payment of the Fees set out in clauses 3.4 and 3.5 and in the QuizStar App from time to time. 
      4. If there is any inconsistency between this clause 3 and the information provided in the QuizStar App, the QuizStar App will prevail to the extent of the inconsistency.

Table 1: Trivia Games

1. PURCHASE OF MONEY
   1. Money can be purchased on the QuizStar App, in exchange for legal tender in USA Dollars. Money that has been purchased will be automatically deposited into your DamnN Bank in the game. Please contact us if you encounter any issues with Money registering in your DamnN Bank, and we’ll look into the issue.
   2. To the extent applicable by law, we generally don’t offer refunds once you purchase Money in the QuizStar App. Any refunds we issue will be solely at our discretion. 
   3. Please let us know if you have any issues with your Money in the QuizStar App that you think should entitle you to a refund and we’ll consider your situation. 
2. COLLECTING KELS
   1. Kels are complementary when you make an in app purchase in accordance with clause 3.2 or when registering a QuizStar Account, and cannot be purchased independently. 
   2. Kels we provide you will be automatically deposited into your DamnN Bank. Please contact us if you encounter any issues with Kels when registering your QuizStar Account, and we’ll look into the issue.
3. BUY-IN COST
   1. If a Trivia Game requires you to pay any buy-in, then you must have the necessary amount of QuizStar Currencies in your DamnN Bank to buy into the game.
   2. Once paid, the buy-in cost is our Fee in exchange for providing that Trivia Game to you and is non-refundable unless there is a failure with the Game as set out in clause 3.7.
4. IN-GAME PROGRESS COSTS
   1. If a Trivia Game requires you to pay any Money or Kels to continue playing the Trivia Game, for example at the beginning of each Round, then:
      1. you must do so before you will be able to Play On; and
      2. if you do not pay the required Money or Kels to Play On after the 60 seconds between rounds, we will assume that you have elected to Bank any Money or Kels won at the most recently achieved Safe Level in the Trivia Game. 
   2. Once paid, the buy-in cost is our fee as displayed in the QuizStar App in exchange for providing that Trivia Game to you and is non-refundable (except to the extent required by law).
5. WINNING GAMES & BANKING MONEY
   1. You may, in the absolute discretion of the pre-programmed answers to questions in each Trivia Game, win Money in the amount set out in the QuizStar App. 
   2. The amount of Money you may win (if any) depends on the Format of the Trivia Game. If the Trivia Game operates:
      1. in Rounds, and you Bank your winnings while on a Safe Level, you’ll win the amount that corresponds to the Safe Level you’ve achieved. If you decide to Play On and answer a question incorrectly during a Round, you will not win any Money (including any Money you would otherwise have won if you Banked your winnings at a Safe Level); 
   3. All Money won will be deposited into your DamnN Bank and can be used in accordance with clause 4. 
6. REFUNDS FOR ISSUES WITH THE APP DURING GAMES

If you encounter an issue during a Trivia Game such that a failure with the QuizStar App means you are unable to play, and we are able to verify in our discretion the existence of that failure on our end, we will:

1. reinstate any Money or K paid to play the Trivia Game into your DamnN Bank; and
2. award you the Money or K amount that you had won up to the most recent Safe Level achieved.

1. PAYMENT METHODS

We may use third-party payment providers (Payment Providers) to collect Fees. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.  We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Our Payment Provider will retain, and you will be liable to pay, any charges they apply to your payment. 

1. WHAT YOU CAN DO WITH QUIZSTAR CURRENCIES 
   1. USING KELS
      1. Kels can only be used to pay any buy-in or to continue playing a Trivia Game, if required by that Trivia Game. 
      2. Kels have no monetary value and can never be exchanged for US Dollars, Money or any other reward. 
   2. REDEEMING MONEY
      1. Subject to clause 4.2(b) below, Money can moved to your PayPal account or be used to redeem rewards on our virtual shop (DamnN Shop) in the form of vouchers to various different businesses (Vouchers). 
      2. The maximum amount of Money that can be moved to your PayPal account or used to purchase any Voucher in the DamnN Shop in a 24 hour period is USD$100.
      3. The value of the Money for the purposes of purchasing Vouchers at the DamnN Shop will be the same as USD, and the Money can purchase Vouchers of an equivalent value. 
      4. Once you have submitted an order through the DamnN Shop to purchase Vouchers with your Money, we’ll endeavour to process your order within 1 to 2 business days and email the Voucher to the email address you’ve provided to us. However, you agree that there may be delays due to the time required for us to process your order and we are not liable to pay you any form of compensation for delays in processing your order. It is your responsibility to ensure that the email address you provide to us when registering your QuizStar Account is current and correct as the intended place for delivery of any Vouchers.
   3. CASHING OUT

Money can be transferred to your PayPal account or used to redeem rewards on our DamnN Shop and are not redeemable for USD, legal tender in any other currency, or any other reward. 

1. ACCEPTABLE USE OF QUIZSTAR APP

We need you to make a few promises about the way you’ll use the QuizStar App. You agree that you must:

1. not copy, reproduce, translate, adapt, vary or modify the QuizStar App without our express consent;
2. not use the QuizStar App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
3. not engage in any activity on the QuizStar App that may be construed as money laundering or exploiting the QuizStar App; 
4. not use the QuizStar App for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment; and
5. not attempt to breach the security of the QuizStar App or DamnN International’ system security, or otherwise interfere with the normal function of the QuizStar App, including by:
   1. gaining unauthorised access to QuizStar Accounts or data about other users of the QuizStar App;
   2. scanning, probing or testing the QuizStar App for security vulnerabilities;
   3. overloading, flooding, mailbombing, crashing or submitting a virus to the QuizStar App or DamnN International’ system; or
   4. instigating or participating in a denial-of-service attack against the QuizStar App or DamnN International’ system.

1. OUR CONTENT 
   1. Unless we indicate otherwise, all materials used in the QuizStar App (including text, graphics, logos, icons, sound recordings, questions, answers, and software) are subject to Intellectual Property Rights that are owned or licensed by us. 
   2. You can only access and use these materials for the sole purpose of enabling you to use the QuizStar App, except to the extent permitted by law or where you have received prior written approval from us.

1. YOUR CONTENT
   1. TYPES OF CONTENT

As part of using the QuizStar App, you will upload images, content, information and materials you share with us or the public (including information submitted during trivia games, feedback, suggestions and enhancement requests), including by using the features of the Trivia Game, sharing content via the app on social media or by contacting us, or when you register an Account (Posted Materials).

1. POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to us (and our agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.

1. REMOVAL OF POSTED MATERIALS

We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

1. THIRD PARTY CONTENT & LINKS
   1. The QuizStar App may contain advertisements, text, images, data and other content provided by a third party (Third Party Content).  We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.  
   2. The QuizStar App may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
   3. When you access or download the QuizStar App using the Apple iOS Store, the Google Play Store or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply. You agree to any Third Party Terms applicable to any third party goods and services, and the Company will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

1. SERVICE LIMITATIONS
   1. GENERAL

The QuizStar App is made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

1. the QuizStar App will be free from errors or defects;
2. the QuizStar App will be accessible or available at all times; or
3. information you receive or supply through the QuizStar App will be secure or confidential. 

1. INNACURATE QUIZ CONTENT AND APP SHORTAGES
   1. We can’t guarantee, and make no warranties, that the Quiz Content provided to you during a Trivia Game is current, accurate, complete or correct, including:
      1. any questions provided to you as part of a Trivia Game; 
      2. the answers to those questions; or 
      3. the selection of which answer is correct to a particular question. 
   2. We do not guarantee, and make no warranties, to the extent permitted by law, that the QuizStar App will be accessible and available throughout the entirety of a Trivia Game. 
   3. If:
      1. the Quiz Content provided to you during a Trivia Game is not current, incorrect, inaccurate, incomplete; 
      2. if you are unable to access the QuizStar App and you are part way through completing a Trivia Game; or 
      3. if you are of the view that the QuizStar App is not functioning correctly in any other way, 

please contact us using our contact details as set out in the Quiz Star App. We will look into the issue, and while we make no warranties as to fixing the issue, we will endeavour to restore your position in the Trivia Game, including any level you achieved in a particular Trivia Game or Money you did not receive as a resolute of any defect of the Trivia Game.  

1. NOTICE REGARDING APPLE 

If you are accessing the QuizStar App from the Apple iOS Store, you acknowledge and agree:

1. these Terms are between you and Damnn International and not with Apple. Apple is not responsible for the QuizStar App or any content available on the QuizStar App.
2. Apple has no obligation whatsoever to furnish any maintenance and support services for the QuizStar App.
3. in the event of any failure of Damnn (Damnn International) to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the QuizStar App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the QuizStar App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be the Damnn Investment’s responsibility. 
4. Apple is not responsible for addressing any claims by you or any third party relating to the QuizStar App, including, but not limited to:
   1. product liability claims; 
   2. any claim that the QuizStar App fails to conform to any applicable legal or regulatory requirement; and
   3. claims arising under consumer protection, privacy, or similar legislation.
5. in the event of any third party claim that the QuizStar App or your use of the QuizStar App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim.
6. that you represent and warrant that:
   1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
   2. you are not listed on any U.S. Government list of prohibited or restricted parties.
7. you must comply with applicable third party terms of agreement when using the QuizStar App.
8. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.  

1. SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with your use of the QuizStar App.  

You must take your own precautions to ensure that the process which you employ for accessing your QuizStar Account does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

1. DISCLAIMER
   1. To the maximum extent permitted by applicable law, DamnN International limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the QuizStar App, to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
   2. You agree to indemnify DamnN International and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the DamnN App or and/or breach of these Terms.
   3. All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. 
   4. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
   5. To the maximum extent permitted by law, under no circumstances will DamnN International be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the QuizStar App, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

1. CANCELLATION 
   1. CANCELLATION
      1. Cancellation for convenience
         1. If you would like to cancel your QuizStar Account, please let us know. We will endeavour to cancel your QuizStar Account within 7 business days of receiving your request. 
         2. We may cancel your account at any time for any reason with 7 business days written notice to you. 
      2. Cancellation for cause
         1. Either party (Non-Defaulting Party) may terminate this agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:
            1. is in breach of this agreement and either:
               1. fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
               2. that breach is not capable of remedy; or
         2. ceases, suspends or threatens to cease or suspend to conduct its business; or
         3. becomes subject to any form of insolvency or bankruptcy administration.
   2. EFFECT OF CANCELLATION
      1. Posted Materials 

Upon cancellation or expiry of your QuizStar Account, we will delete any Posted Materials, your history in the game, and other material associated with your QuizStar Account.  You won’t be able to recover any of this after cancellation or expiry of your QuizStar Account so we recommend you back up anything important to you. 

1. Money on Cancellation for Convenience
   1. If we cancel your QuizStar Account for convenience, we’ll give you a grace period to redeem your balance of Money (if any) in accordance with clause 4.2. However, it is your responsibility to use any Money in your DamnN Bank during the grace period, as you won’t be able to redeem your Money once the grace period has lapsed. 
   2. If you cancel you QuizStar Account for convenience, it is your responsibility to ensure that you have redeemed all of your Money prior to the cancellation date. 
2. Money on Cancellation for Cause
   1. If we cancel your QuizStar Account for cause, your access to the QuizStar App, including the DamnN Shop, will immediately terminated and you will not have the opportunity to use any Money in your DamnN Bank. 
   2. If you wish to cancel your QuizStar Account for cause, and we accept your reasoning as to why you should be entitled to cancel for cause, we will, at your discretion:
      1. allow you 14 days to redeem your Money in accordance with clause 4.2; or
      2. refund the total amount of US Dollars you have spent on purchasing Money. Please note we will not refund you for any Money you have won during the course of the Trivia Games. A refund in accordance with this clause will not be considered an admission of liability.  
3. Kels on Cancellation 

If your QuizStar Account is cancelled for any reason, your Kels will be deleted and cannot be transferred or otherwise redeemed, including where you later start a new account.

1. SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry, including without limitation any clause relating to refunds.

1. PRIVACY

You agree to be bound by the clauses outlined in DamnN International’ Privacy Policy, which can be found on our homepage.

1. LOCATION OF THE QUIZSTAR APP
   1. DamnN International controls the operation of the QuizStar App from headquarters located in Australia. Some of the QuizStar App or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
   2. We make no representation or warranty that all of the features of the QuizStar App will be available to you outside of Australia or that they are permitted to be accessed outside Australia. 
   3. You are solely responsible for your decision to use the QuizStar App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the QuizStar App.

1. NOTICES
   1. A notice or other communication to a party under this agreement must be:
      1. in writing and in English; and
      2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
   2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent; or
      2. when replied to by the other party,

whichever is earlier.

1. GENERAL
   1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

1. AMENDMENTS

We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the QuizStar App after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

1. COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

1. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

1. INTERPRETATION
   1. (singular and plural) words in the singular includes the plural (and vice versa);
   2. (gender) words indicating a gender includes the corresponding words of any other gender;
   3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
   4. (person) a reference to “person" or “you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
   5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
   6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
   7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
   8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
   9. (includes) the word “includes" and similar words in any form is not a word of limitation; and
   10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.