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Quest TERMS OF USE

Preamble: These Terms of Use (hereinafter referred as the ‘Terms’) represent an agreement between the Quest and its Customer, superseding all prior negotiations or any agreement, whether written or oral except as provided in these Terms.

Quest **and Customer together shall be referred to as the ‘Parties’.

Your access or the use of the Quest Website or Services shall mean that you have read, understood and agree to be bound by these Terms. By accessing or using any Quest Website, Sub-domain or Services, you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept these Terms on behalf of yourself and/or any other person you represent in connection with your use of the Quest Website, Sub-domain or Services. If you do not agree to the Terms, you are not authorised to use the Quest Website, Sub-domain or Services.

TERMS OF USE:

  1. DEFINITIONS: For the purposes of this Quest Terms of Use, the following words/phrases shall have the meaning as specified below;
    1. Quest Website: Quest Website will include all website and sub-domains currently owned or which might be purchased in the future by Quest.
    2. Third Parties: Any party that is not a Party to this Terms of Use shall be considered as Third Party for the purposes of these Terms.
    3. Services: Quest provides a range of Services. Please note that new Services might be added, removed or modified, and therefore, the Customers are requested to regularly visit Quest Websites to stay updated about the available Services.
  2. RESTRICTION ON SERVICES: Quest may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to;
    1. Restricting the time of availability,
    2. Restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),
    3. Restricting the amount of use permitted,
    4. Restricting or terminating any User's right to use all or part of the Service, at any time, at Provider's sole discretion and without prior notice or liability.
  3. SUBSCRIPTION/MEMBERSHIP TERM AND RENEWAL: All the Customers or the Quest Users are required to timely renew their subscriptions. If a Customer fails to renew the Subscription on of before the last date of expiry then the concerned Customer shall lose all the benefits.
  4. IMPORTANT DISCLAIMERS:
    1. Customer understands and agrees that Quest is mere Club which aggregates the Services from the Fulfillment Provider and therefore, it does not guarantee the accuracy, reliability and usefulness of the said information. The information provided by Quest might not be appropriate for all users.
    2. You understand and agree that the Service may include certain communications from Quest, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt-out of receiving them. You understand and agree that the Quest service is provided "AS-IS" and that it assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service. Also, you must provide and are responsible for all equipment necessary to access the Service. Quest will not replace any lost or stolen membership materials, certificates, vouchers or other items received by a member as part of the Quest Club.
    3. When subscribing to the Quest Service, you may be offered automatic renewal. In such event, you agree that immediately prior to the expiration of your subscription, Quest may charge to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information) the Quest subscription renewal fee along with any applicable tax and any other charges you may incur in connection with your use of the Quest Service. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
    4. The membership fee will be billed at the beginning of your membership and on each periodic renewal thereafter unless and until you cancel your membership. All fees, taxes and charges are non-refundable after your applicable cancellation period has expired as described in Quest Cancellation Policy.
    5. There will be no refunds or credits for partially used periods unless required by applicable law. Your membership will automatically renew for successive periodic subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You may cancel your membership in the automatic renewal at any time by calling or emailing Customer Service at the published Customer Service number(s), or via the customer support portal and cancellation will be effective at the end of the applicable period during which you notify Quest of your cancellation. You must cancel your membership before it renews each period to avoid billing of the next period's membership fees to your Payment Method.
    6. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by calling or emailing Customer Service. If your Payment Method reaches its expiration date, your continued use of the Membership Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, Quest shall have the right to terminate or suspend your membership and your access to Quest Service.
    7. Quest reserve the right to discontinue any Membership Service at any time, and to cancel your membership in connection with the discontinuation of the membership Service. We reserve the right to terminate your account for any reason or no reason.
  5. REGISTRATION OR USE OF Quest WEBSITE OR SERVICES: To use certain Services offered by Quest, you may be required to open an account by completing the registration process. You will also choose a password and user name, and maintaining the confidentiality of your password and account shall be your sole responsibility. You expressly agree to absolve the Quest or its partners of any responsibility/liability in this regard.
  6. GEOGRAPHICAL REACH OF Quest WEBSITE AND SERVICES: Quest ****Website and Services are available globally without any restriction from our part. Therefore, you can access or use the Quest Website or Services from any jurisdiction of the world, and you will be doing so at your own risk, and you are solely responsible for the compliance with the local laws or any other applicable national and international laws, sanctions and regulations.
  7. RESTRICTED COUNTRIES FOR Quest SERVICES:
    1. Quest acknowledges that Quest Website can be accessed from any jurisdiction of the world with or without the use of VPN; however, Quest does not provide its Services to the residents and companies registered in countries which are currently under sanctions imposed by the United States of America, United Nations or under the respective applicable laws. For the specific Sanctions and the list of countries under such Sanction, please visit;
    2. https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
    3. https://www.un.org/sc/suborg/en/sanctions/un-sc-consolidated-list
    4. Please note that this list is only for indicative purposes. Quest is not obliged to provide the complete list of sanctioned or prohibited countries, and therefore, Customers are expected to do their due diligence before using Quest Website or subscribing to Services offered by Quest.
    5. Quest currently also doesn’t provide its Services to residents of United Arab Emirates.
    6. If a Customer is resident of restricted countries as provided in Sub-Clause (a) & (c) of this Clause then Quest has the complete discretion to cancel such subscription as and when it comes to its attention, and Quest shall not have any obligation towards such Customers. Such Customers shall not have any right to seek a refund from Quest; however, Quest has the discretion to whether or not return the fund transferred by such Customers.
  8. GENERAL DUTIES OF Quest:
    1. Quest will always endeavour to deliver all Services on time and in good quality,
    2. Quest will always endeavour to quick and efficient customer support services,
    3. Quest will provide with agreed and paid Services,
    4. The Customer has the right to raise a complaint about service deficiencies in accordance with the Terms, and other policies agreed between the Parties.
  9. CUSTOMER SUPPORT: For customer support regarding an account, booking, payment and services related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Support Portal. Quest will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame, but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
  10. NO RESALE OF SERVICES: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
  11. LIMITATION TO BRING YOUR CLAIM: Customer and Quest agree that any cause of action arising out of or related to use of the Quest Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
  12. DISCLAIMER AND LIMIT TO LIABILITY OF Quest:
    1. You understand and agree that Quest provides the Services on 'as-is', 'with all faults' and 'as available' basis. You agree that use of the Quest Website or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Quest whether express or implied and expressly disclaim any and all representations and warranties as to the
      1. accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose;
      2. that the Services will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected;
      3. the quality of any services, content, information, data, or other material on the Quest Website will meet your expectations or requirements;
      4. any errors in the Quest Website will be corrected;
      5. warranties against infringement of any third party intellectual property or proprietary rights; or other warranties relating to performance, non-performance, or other acts or omissions of the Quest, its officers, directors, employees, affiliates, agents, licensors, or suppliers etc.
      6. Quest does not warrant that any of the software or Application used and or licensed in connection with the Services will be compatible with other third-party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. Quest, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of the Quest Website or the Services, whether based in contract, tort, strict liability, or other theory, even if Quest has been advised of the possibility of damages.
    2. Quest, its officers, managers, members, employees, attorneys or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but not limited to the use of Services offered by Quest, data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by Quest or the materials on the Quest Website. The fact remains true despite the advice given to Quest or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not apply to everyone since some jurisdictions do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.
    3. In the event any exclusion contained herein be held to be invalid for any reason Quest or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of Quest or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
  13. RESERVED RIGHT TO MODIFY TERMS: Customer agrees that Quest has the right to make changes, modifications, amendments, alterations or deletions of any content of these Terms at any given time. Due to timely updates, Customers are expected to regularly visit the Quest Website to identify revisions to which they are bound. Use of the Quest Website or subscription to Services after changes made signifies the updated Terms, therefore, bind acceptance, agreement and assent of the most recent version of the Terms and. When we make material changes to the Terms, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service or Quest Website after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the Service or Quest Website under the new version of the Terms, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such a third party.
  14. INTELLECTUAL PROPERTY RIGHTS: Unless otherwise specified, all materials appearing on the Quest Website, including the text, site design, logos, graphics, icons, and images, trademarks and other intellectual property assets as well as the selection, assembly and arrangement thereof, are the sole property of Quest. You may use the content of Quest Website only to shop on Quest Website or place an order on Quest Website and for no other purpose. No materials from the Quest Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission of the Quest. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on Quest Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
  15. PAYMENT METHODS: Please note that we accept a wide range of payment methods which shall be available to you while subscribing to our Services from Quest Website. Kindly note that these Payment Methods or Gateways options keeps on changing and therefore we do not guarantee that a specific Payment Method or Gateway will be available all time on our platform or Quest Website. Please note that before making any payment you must also read the terms and conditions imposed by the respective payment provider. If you choose to make payment by a specific payment provider, then you shall be bound by the terms and conditions of the respective payment provider.
  16. LINKS TO OTHER WEBSITE: The Quest Website may contain links or pointers to other sites on the internet that are owned and operated by Third Parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.

When you click on a link within the Quest Website, Quest may not warn you that you have left the Quest Website and are subject to the terms and conditions (including the privacy policies) of another website. Please be careful to read the terms of use and the privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.

Quest is not responsible for the content or practices of any other website even if it links to the Quest Website. You acknowledge and agree that Quest is not responsible or liable to you for any content or other materials hosted and served from any website other than the Quest Website.

  1. PRIVACY: Quest keeps your personal information private and secure. When you subscribe or order/purchase Services using Quest Website, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your experience. Our secure servers protect your information using advanced encryption techniques and firewall technology and other measure listed in Quest Privacy Policy.

For more details on our Privacy Policy, please refer to below-mentioned documents which form an integral part of these Terms and are available on Quest Website;

    1. Quest Privacy Policy
    2. Quest GDPR Policy
  1. Quest REFUND POLICY: Quest has an Quest Refund Policy which forms an integral part of these Terms. For the updated version of our Refund Policy, please refer to the link provided on the Website
  2. Quest SUBSCRIPTION CANCELLATION POLICY: Quest has an Quest Subscription/Membership Cancellation Policy which forms an integral part of these Terms. For the updated version of our Subscription Cancellation Policy, please refer to the link provided on the Website;

If the conditions for the cancellation of subscription do not comply, then Quest has the full discretion to charge the subscription amount for the following month.

  1. TYPOGRAPHICAL ERRORS: In the event, Services are listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Quest shall have the right to refuse or cancel any orders placed for service listed at the incorrect price. Quest shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged or not.
  2. SITE USER CONDUCT: All users of the Quest Website shall be eighteen (18) years of age or older (as required by the applicable laws and regulations) and must be eligible to enter into a legally enforceable agreement as per their local jurisdiction laws and regulations. In connection with the use of the Quest Website and content, users are not allowed to:
    1. Upload, post, e-mail, or otherwise transmit any:
      1. content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable;
      2. content that does not give any right to users to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
      3. content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;
      4. unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      5. material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
      6. Engage in disruptive activities online or use viruses, bots, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive or may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
      7. Use the Quest Website for any unlawful purpose;
      8. Interfere with or disrupt the services and content of the Quest Website,
      9. Intentionally or unintentionally, violate any applicable local, state, national, or international law.
      10. Resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
  3. DISCLAIMER OF WARRANTY: Quest disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or other violations of rights with the fullest extent permissible according to applicable law. No liability or responsibility is assumed for any errors or omissions of the contents in the Quest Website; any corrected defects; any failures, delays, malfunctions, or interruptions in the delivery of any content on the Quest Website; any losses or damages; or any conduct by users of the Quest Website, either online or offline. Quest does not warrant or represent the use or results of the use of the services or materials on the Quest Website in terms of correctness, accuracy, reliability, or otherwise. The users/clients or Customers shall assume the entire cost of servicing, repair or correction.
  4. REPRESENTATION BY CUSTOMER:
    1. The Customer represents that he/she is legally eligible to enter into a contract as per the applicable law.
    2. The Customer represents that all the information provided by him/her during the purchase of any Service or subsequently is correct.
    3. The Customer agrees that he/she shall not make a copy or duplicate any part or content of the Services offered by Quest, whether by recording the screen or otherwise.
    4. The Customer represents that he/she has read all the Terms and applicable policies and is in full compliant with them and shall remain so in the future.
  5. WARRANTIES AND INDEMNIFICATION BY CUSTOMER AND MEMBER:
    1. The Customer has read all the Terms and other applicable policies and warrants that he/she is in full compliance with the applicable laws, rules, regulations and policies, and will remain so at all times during the term of agreement with Quest and shall indemnify Quest or its Affiliates if he/she breaches any of the Representation made above in Clause 23 of these Terms.
    2. In the event the Customer is in breach or reasonably anticipated breach, of any of the foregoing warranties and other terms, in addition to any other remedies available at law or in equity, Quest will have the right immediately in its reasonable discretion, to suspend any related Services if deemed reasonably necessary by Quest to prevent any harm to Quest or its business.
  6. UNILATERAL TERMINATION RIGHTS OF Quest: Quest has the unilateral right to terminate or cancel the Customer’s subscription of the Services if Quest reasonably believes that the Customer was engaged or is engaged in below-mentioned activities;
    1. Activities causing damage to the goodwill, reputation or business of Quest,
    2. A customer engaged in misrepresentation or fraud related to the Services offered by the Quest,
    3. The customer has been charged for criminal misconduct in any jurisdiction/country,
    4. If the Customer initiates the Chargeback for the Services subscribed where such Chargeback to the best Quest knowledge is not justified,
    5. For the breach of any other term of Quest Terms of Use and other applicable policies,
    6. The customer violates the provision of Clause 21 of these Terms which provide for Site User Conduct,
    7. The customer violates any of the Intellectual Property Rights of Quest, its Affiliates or business partners,
    8. If the Quest finds out that the registered Customer is from the Restricted Countries as mentioned in Clause 7,
    9. Customer providing false, inaccurate or incomplete information; engagement to any conduct that would otherwise harm any of Quest’s rights or interests in its website, products, services, or other property; or for any or no reason, can all be grounds for termination without prior notice.
  7. FORCE MAJEURE:
    1. Notwithstanding anything to the contrary contained in this Quest Terms of Use, Quest shall not be required to provide any Services, in whole or in part, to the extent the provision of such Services becomes impracticable as a result of a cause or causes outside the reasonable control of the Quest (including due to fire, flood, storm, earthquake or other acts of God, riot, war, terrorism, rebellion, or other acts of war or civil unrest, utility outages or interruptions, strike, lockout, any Law, demand or other requirement of any governmental entity, and all other causes outside of Quest’ reasonable control), including unfeasible technological requirements, hacks or to the extent the performance of such Services would require the Quest to violate any applicable laws, rules or regulations or would result in the breach of any agreement with any third party.
    2. When affected by any such event, Quest shall
      1. Promptly notify Customer of the occurrence of such an event and describe in reasonable detail the nature of the event, and
      2. Use commercially reasonable efforts to resume performance of its obligations under these Terms as soon as reasonably practical.
  8. NO WAIVER: No failure or delay in exercising any right, power or privilege under these Terms will operate as a waiver of it, nor will any single or partial exercise of any right, power or privilege under the same preclude any other or further exercise of it or any other right, power or privilege under the Terms or otherwise.
  9. CLASS ACTION WAIVER: Where permitted under the applicable law, Customer and Quest agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Customer and Quest agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
  10. MEDIA CONTACT: The Customer or User shall not speak, write or interact in any form with print, electronic, social and/or radio platforms/media, without the prior written permission of Quest, making false claims or depicting Quest in bad light hampering the reputation, goodwill and the trust of Quest’s other customers and partners in negative sense. If the Customer makes a public statement in any form, whether written or oral, for which the Quest did not provide prior written permission then that shall be termed as a breach of these Terms at the option of Quest.
  11. GOVERNING LAW OF THE TERMS AND CONDITIONS: The governing law for these Terms shall be the laws of Dubai, United Arab Emirates.
  12. ARBITRATION AGREEMENT: Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Terms of Use or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the Dubai International Arbitration Centre Arbitration Rules (hereinafter referred as ‘the Rules’), by one arbitrator appointed by the Dubai International Arbitration Centre (hereinafter referred as ‘DIAC’).
    1. The arbitration proceeding shall be administered by DIAC.
    2. The Language of the arbitration proceeding, including any documentation submitted, shall be English.
    3. The Governing Law for the arbitration shall be UAE Federal Arbitration Law.
    4. The Seat of arbitration shall be Dubai, UAE.
    5. The Place of arbitration shall be Dubai, UAE.
    6. The arbitration award shall be final and binding on both Parties.
    7. Entire arbitration proceeding, including oral hearing, notices, written submissions, interim orders or awards, final award and evidence produced shall be completely confidential.
  13. JURISDICTION: Any dispute that is not arbitrable as per the applicable laws shall be submitted for the adjudication by the courts of Dubai.
  14. ENTIRE AGREEMENT: The Quest Terms of Use and below mentioned additional documents/policies constitute the entire understanding between the Parties with respect to the subject matter hereof and supersede all the prior agreements and understandings, oral or written, with respect to such matters, which the Parties acknowledge have been merged into such documents, exhibits, schedules and policies;
    1. Quest Refund Policy
    2. Quest Cancellation Policy
    3. Quest GDPR Privacy Policy
    4. Quest Privacy Policy
  15. NON-ASSIGNABILITY: The agreement formed between the Parties by agreeing to these Quest Terms of Use and other policies as entered between the Parties is personal in nature. The Customer shall not, without the prior written consent to Quest, assign or transfer any right or obligation hereof to a Third Party.
  16. SEVERABILITY: If any Clause or specific part of a Clause of these Terms or applicable policies is held to be illegal, invalid or unenforceable, that Clause or part of a Clause shall (so far as it is illegal, invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms, but that shall not affect the legality, validity or enforceability of any other Clause of the Terms.
PREVAILING LANGUAGE: These Terms might be agreed between the Parties in more than one language apart from English. In the event of any dispute, the English version shall be prevailing in all matters related to these Terms between the Parties.

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