TERMS OF SERVICE
These user terms and conditions (“T&Cs”) apply to Your access to, and use of the online services
including mobile applications and websites (“Services”), provided by Gameberry Labs Private Limited,
its subsidiaries, licensees, and affiliated companies (“Gameberry”).
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder
as applicable and the provisions pertaining to electronic records in various statutes as amended by the
Technology Act, 2000. This electronic record is generated by a computer system and does not require any
or digital signatures. By continuing usage of the Services, You are consenting to be bound by these T&Cs for
and access of the Services. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF
SERVICES, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept
of these T&Cs, then please don’t continue usage or avail any of the Services. YOUR AGREEMENT TO THESE T&Cs
OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND GAMEBERRY IN RESPECT OF THE SERVICES.
By accepting these T&Cs, You also allow Gameberry to send you promotional emails and SMS alerts from time
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
- “Account” refers to the account created by You on the Services to continue usage of the Services.
- “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or
parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions,
directives and orders of any governmental authority, tribunal, board, or a court of India.
- “Email ID” shall mean Your current, active and valid email ID.
- “Gameberry/ We/ Our/ Us” shall mean Gameberry Labs Private Limited, a company registered under the
Companies Act, 2013 and having its registered office at 811, 1st floor, Suite-302, 10th A main road, 1st
Stage, Indira Nagar, Bangalore, Karnataka.
- “Service(s)” shall mean the online services, including mobile applications and websites provided by
- “You”/“Your “/“Yourself” shall mean and reference to any user accessing or using the Services.
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided
for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.
- Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors
and permitted assignees. Similarly, any reference to a juristic person such as Gameberry will, unless
repugnant to the context, include its affiliates, successors and permitted assignees.
- You will be "Eligible" to use the Services only when You fulfil all of the following conditions:
- You have attained at least 18 (eighteen) years of age or You have attained 13 (thirteen) years of
age and your usage is via an Account belonging to a user above 18 (eighteen) years of age who has
consented to such usage.
- You are competent to enter into a contract under the Applicable Laws.
- You may avail the Services only if You fulfil the conditions as mentioned above. If You are not Eligible,
please immediately abandon any and all attempts to register with Us and/or use or access Our Services.
- You acknowledge that We rely completely on the information provided by You and We shall not be held liable
if You or anyone who uses Your Account to access the Services is not Eligible to use the same.
4. LIMITED LICENSE
Subject to your agreement and continuing compliance with these T&Cs and any other relevant Gameberry policies,
Gameberry grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in
these T&Cs to access and use the Service using a Gameberry supported web browser (such as Mozilla Firefox or
Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You
agree not to use the Service for any other purpose.
You understand that while at times you may “earn” "buy" or "purchase" (a) virtual currency, including but not
limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items
(together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You
do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of
real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including
software programs that occasionally manifest themselves as these items. The purchase and sale of the limited
license referred to in these T&Cs is a completed transaction upon receipt of your direct payment or redemption
of a Gameberry game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance
shown in your Account does not constitute a real-world balance or reflect any stored value, but instead
constitutes a measurement of the extent of your license.
5. REGISTRATION AND ACCOUNT
- You understand and acknowledge that You can register on the Services only after complying with the
requirements above and through a valid Email ID or a social networking site ID.
- You will be required to enter Your Email ID or social networking site ID on the Services following which
will be registered.
- Upon completion of the verification process in accordance with the above, You will be granted access to
- In order to use the Services, You are required to provide Registration Data to Gameberry. You shall not
impersonate someone else or provide account information, an email address or any other information that
not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data
- In the event of any change in the said Registration Data, You agree to promptly update Your Registration
Data on the Account so as to ensure that the communication We intend to send to You is promptly
You and is not sent to any other entity/third party.
- Gameberry will store the Registration Data provided by You for contacting You for all Service related
matters. You may promptly inform Us on any change in the Registration Data provided.
- We may send any Information to You to the mobile number or Original ID registered with Us as
- We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite
period, if We have a reason to believe that the Registration Data or any other data provided by You is
incorrect or false, or that the security of Your Account has been compromised in any way, or for any
reason as We deem fit.
- It is Your responsibility to check to ensure You download the correct mobile application for Your
are not liable if You do not have a compatible mobile device or if You download the wrong version of the
application for Your mobile device. We reserve the right to terminate the Services should You be using
Service with an incompatible or unauthorized device.
- We allow You to open only one Account in respect of one Email ID and/or device.
- You will not assign or otherwise transfer Your Account to any third party.
- In case of any unauthorized use of Your Account, You are to bring the same to Our notice promptly. In
event of such unauthorized use, please immediately reach Us at email@example.com.
- In case, You are unable to access Your Account, please immediately inform Us at
and make a written request for blocking Your Account.
6. USE OF SERVICES
You agree, undertake and confirm that Your use of the Services shall be strictly governed by the following
You may use the Services for lawful purposes only.
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to; or that interferes with
another user's use and enjoyment of the Services or any other individual's use and enjoyment of
similar services; or
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of
another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully
threatening or unlawfully harassing another user, the same being qualified to include behavior
"indecent representation of women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986,; or
- is misleading in any way; or
- is patently offensive to the online community, such as sexually explicit content, or content
promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any
group or individual; or
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or
- infringes upon or violates any third party's rights, [including, but not limited to,
property rights, rights of privacy (including without limitation unauthorized disclosure of a
person's name, email address, physical address or phone number)]; or
- contains restricted or password-only access pages, or hidden pages or images (those not linked
the Services or from another accessible page); or
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or
solicits personal information from anyone; or
- provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses; or
- contains video, photographs, or images of another person without his or her express written
and permission, or the permission or the consent of his her guardian in the case of a minor; or
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein
in other applicable codes of conduct or end user access and license agreements) to the Services
to profiles, blogs, communities, account information, bulletins, friend request, or other areas
the Services or solicits passwords or personal identifying information for commercial or
purposes from other users; or
- engages in commercial activities and/or sales without Our prior written consent, including
activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying
selling of "virtual" items. [Throughout these T&Cs, Our "prior written consent" means a
communication coming from Our authorized representative, specifically in response to Your
and specifically addressing the activity or conduct for which You seek authorization]; or
- refers to any website or URL that, in Our sole opinion, contains material that is inappropriate
the Services, or contains content that would be prohibited or violates the letter or spirit of
- harms minors in any way; or
- is fraudulent or involve the sale of counterfeit or stolen items; or
- violates any law for the time being in force; or
- deceives or misleads the addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature; or
- exhibits the tenor of impersonating another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any Trojan horses,
time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal identifiable information or attempt to interfere with the proper
the Services or any transaction being conducted on the Services; or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
foreign states, or public order or causes incitement to the commission of any cognizable offence
prevents investigation of any offence or is insulting to any other nation; or
- is false, inaccurate or misleading; or
- directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the
of which is prohibited or restricted in any manner under the provisions of any Applicable Law
the time being in force; or
- creates any liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or
any portion of the Services Or any content, or in any way reproduce or circumvent the navigational
or presentation of the Services or any content, to obtain or attempt to obtain any materials, documents
information through any means not purposely made available through the Services. We reserve the right to
any such activity.
- You shall not copy, distribute or disclose any part of the Services in any medium.
- You shall not attempt to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Services.
- You shall not take any action that imposes, or may impose, at Our sole discretion, an unreasonable or
disproportionately large load on Our infrastructure.
- You shall not collect or harvest any personally identifiable information, including account names, from
- You shall not collect or harvest any personally identifiable information, including account names, from
- You shall not use the Services for any commercial purposes without having all necessary rights and
to the Content available on the Services.
- You shall not impersonate another person or otherwise misrepresent Your affiliation with a person or
conducting fraud, hiding or attempting to hide Your identity.
- You shall not interfere with the proper working of the Services.
- You shall not access any content on the Services through any technology or means other than those
capabilities provided by the Services.
- You shall not bypass the measures We may use to prevent or restrict access to the Services, including
without limitation features that prevent or restrict use or copying of any content or enforce
use of the Services or the content therein.
- You shall not probe, scan or test the vulnerability of the Services or any network connected to the
nor breach the security or authentication measures on the Services or any network connected to the
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to
Services, or any other user of Gameberry, including any of Our account not owned by You, to its source,
exploit the Services or any service or information made available or offered by or through the Services,
any way where the purpose is to reveal any information, including but not limited to personal
or information, other than Your own information, as provided for by the Services.
- You agree that You will not take any action that imposes an unreasonable or disproportionately large
the infrastructure of the Services or Our systems or networks, or any systems or networks connected to
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any
or transmittal You send to Us on or through the Services.
- You shall not use the Services or any Content for any purpose that is unlawful or prohibited by these
as well as the Applicable Law and/ or to solicit the performance of any illegal activity or other
that infringes the rights of Gameberry or others.
- You shall not use the Services in any manner that could damage, disable, overburden, block or impair any
the servers connected to the Services. You may not attempt to gain unauthorized access to the Services
through hacking, password mining or any other means.
- You shall not reverse engineer, decompile and disassemble any software used to provide the Services.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the
name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the
or reputation of Gameberry, or otherwise tarnish or dilute any of Our trade or service marks, trade name
and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
- Solely to enable Us to use the information so that We are not violating any rights You might have with
respect to Your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity,
rights or any other rights You have in Your information, in any media now known or not currently known,
respect to Your information. We will only use Your information in accordance with these T&Cs and Our
policy (which is incorporated herein by reference).
- You shall not engage in advertising to, or solicitation of, other users of the Services to buy or sell
products or services, including, but not limited to, services being displayed on or related to the
You may not transmit any chain letters or unsolicited commercial or junk email to other users via the
Services. It shall be a violation of these T&Cs to use any information obtained from the Servies in
harass, abuse, or harm another person, or in order to contact, advertise, solicit, or sell to another
outside of the Services without Our prior explicit consent. In the event of Us according consent to a
to advertise through Our Services, We may, in order to protect Our users from such advertising or
solicitation, reserve the right to restrict the number of messages or emails which a user may send to
users in any 24-hour period, the same being subject to Our sole discretion.
- You understand that We have the right at all times to disclose any information (including the identity
the users) as necessary to satisfy the Applicable Law, or valid governmental request. This may include,
without limitation, disclosure of the information in connection with investigation of alleged illegal
activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to disclose any information about You to law
enforcement or other government officials, as We, in Our sole discretion, believe necessary or
in connection with the investigation and/or resolution of possible crimes, especially those that may
- We reserve the right, but have no obligation, to monitor the materials posted on the Services. We shall
the right to remove or edit any Content that in Our sole discretion violates, or is alleged to violate,
Applicable Law or the spirit or letter of these T&Cs. Notwithstanding this right of GAMEBERRY, YOU
SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SERVICES AND IN YOUR PRIVATE
Please be advised that such content posted does not necessarily reflect Our views. In no event shall We
assume or have any responsibility or liability for any content posted or for any claims, damages or
resulting from the use of the content and/or appearance of content on the Services. You hereby represent
warrant that You have all necessary rights in and to all content You provide and all the information it
contains, and that such content shall not infringe any proprietary or other rights of third parties, and
shall not contain any libelous, tortious, or otherwise unlawful information.
- We shall have all the rights to take necessary action and claim damages that may occur due to Your
involvement/participation in any way on Your own or through group/s of people, intentionally or
unintentionally in DoS/DDoS (Distributed Denial of Services).
7. CONTENT POSTED ON SERVICES AND INTELLECTUAL PROPERTY
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,
artwork and computer code (collectively, "Content"), including but not limited to the design, structure,
selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the
Services is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright,
and trademark laws, and various other intellectual property rights and unfair competition laws, and may
be copied, imitated or used, in whole or in part, without the prior written permission of Gameberry
- Gameberry owns, has licensed, or otherwise has rights to use all of the content that appears in the
Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to
content that appears in the Service, including without limitation the Virtual Items appearing or
in any Gameberry game, whether “earned” in a game or “purchased” from Gameberry, or any other attributes
associated with an Account or stored on the Service.
- Gameberry prohibits and does not recognize any purported transfers of Virtual Items effectuated outside
the Service, or the purported sale, gift or trade in the "real world" of anything that appears or
in the Service, unless otherwise expressly authorized by Gameberry in writing. Accordingly, you may not
sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual
for value of any kind outside of a game, without Gameberry’s written permission. Any such transfer or
attempted transfer is prohibited and void, and will subject your Account to termination.
- Except as expressly provided in these T&Cs, no part of the Services and no Content may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other computer, server, website or other medium
publication or distribution or for any commercial enterprise, without Our express prior written consent.
- You may use information on Our Services that has been made available by Us for downloading from the
Services, provided You:
- do not remove any proprietary notice language in all copies of such documents/ information; or
- use such information only for Your personal, non-commercial informational purpose and do not
post such information on any networked computer or broadcast it in any media; or
- make no modifications to any such information; or
- do not make any additional representations or warranties relating to such documents/
- All trademarks, brands and service marks used in connection with the Services offered are owned by
and is Gameberry’s property. Gameberry owns all copyrights and intellectual property rights and database
rights in connection with the Services. For use of any third party's intellectual property, You need to
permission directly from the owner of the intellectual property for any use. Third party trademarks may
appear on the Services and all rights therein are reserved to the registered owners of those trademarks.
- You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and
intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and
any infringements of any intellectual property rights caused by use of the Services.
- You shall be responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas,
images, videos, audio files or other materials or information posted or transmitted by You on the
(“Posted Content”). Such Posted Content will become Our property and You grant Us the royalty-free,
sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform,
publicly display, and make derivative works of all such Posted Content, in whole or in part, and in any
form, media or technology, whether now known or hereafter developed, for use in connection with the
and Gameberry’s business. We shall be entitled to use the Posted Content or any of its elements for any
of use forever, including but not limited to promotional and advertising purposes and in any media,
now known or hereafter devised, including the creation of derivative works that may include Posted
You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with
Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted
by Us. Gameberry takes no responsibility and assumes no liability for the Posted Content that You or any
other user or third party creates, stores, shares, posts or sends through the Services. You shall be
responsible for Your Posted Content and the consequences of posting, publishing it, or sharing it and
agree that We are only acting as a passive conduit for Your online distribution and publication of Your
Posted Content. Notwithstanding anything contained in these T&Cs, if Your Posted Content violates these
T&Cs, You shall bear all legal responsibility and obligation for that content.
8. THIRD PARTIES/ OTHER BUSINESSES
- We do not take responsibility or liability for the actions, products, content on the Services, which are
linked to affiliates and/or third party websites using Our APIs or otherwise. In addition, We may
links to third party websites of affiliated companies and certain other businesses for which, We assume
responsibility for examining or evaluating the products and services offered by them, and We do not
the offerings of, any of these businesses or individuals or the content of such third party website(s).
do not in any way endorse any third party website(s) or content thereof. Your reference to and use of
same, shall be solely at Your own risk.
- You are solely responsible for your interactions with other users of the Service and any other parties
whom you interact through the Service and/or Gameberry games. Gameberry reserves the right, but has no
obligation, to become involved in any way with these disputes.
You must not use, on Your site or in any other manner, any trademarks, service marks or any other materials
appearing on the Services, including any logos or characters, without Our express written consent and the
the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website
present in conjunction with or juxtaposed against such a website any of the content or other materials on the
Services, without Our prior written consent.
10. FEES AND PURCHASE TERMS
- In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other
or services. You may also obtain a license to use Virtual Items by redeeming Gameberry game cards or
party virtual currency, such as Facebook Credits.
- PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE
- You can license Virtual Items by visiting the purchase page in one of our games, providing your billing
information, confirming the particulars of your purchase and re-affirming your agreement to these Terms.
When you purchase a license to Virtual Items from our Service, We may send you a confirmatory e-mail
will contain details of the items you have ordered. Please check that the details in the confirmatory
are correct as soon as possible and maintain a copy of it for your records. Gameberry keeps records of
transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from
you are agreeing to Facebook’s Payment Terms and Gameberry is not a party to the transaction.
- For Virtual Items, your order will represent an offer to us to purchase a license for the relevant
service(s) which will be accepted by us when We make the Virtual Items available in your account for you
use in our games or debit your credit card, whichever comes first.
- Your license to Virtual Items for use in Gameberry games is a service provided by Gameberry that
upon acceptance by Gameberry of your purchase or redemption of third party virtual currency. By ordering
license to use Virtual Items you agree and accept that Gameberry will provide it to you promptly
completion of your purchase. If you reside in the European Union and you purchase a product or service
Gameberry, you may have the right to withdraw from a purchase within seven calendar days, commencing on
day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if
performance of the services begins before the end of the Cooling Off Period. Accordingly, please note
if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the
of our services begins promptly once your purchase is completed.
- You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to
Gameberry may revise the pricing for the goods and services it licenses to you through the Service at
time. YOU ACKNOWLEDGE THAT GAMEBERRY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU
NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH
CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
11. TERMINATION AND EXPIRY OF THE ACCOUNT
We reserve the right to modify, terminate or suspend the Services to You at any time, without prior notice,
to any changes in Our internal policy or the Applicable Laws or any breach of these T&Cs by You, or for any
reason whatsoever. You can exit using the Services and/or terminate Your Account by submitting a request to
at firstname.lastname@example.org. We will make every effort to respond to Your request for termination at the
earliest. You will remain responsible for all transactions that occurred prior to termination of Your
12. PRIVACY AND SECURITY
- We will take every reasonable effort not to share any Registration Data or other personal information
(collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or
the limited extent necessary for Us to implement any booking instructions We receive from You, or as per
Information. We will bear no liability for the consequences in any event where Your Personal Information
been willingly or inadvertently shared by You with any third party.
- You acknowledge that the information made available by You on the Services, may be accessible to certain
other users of the Services.
- You hereby expressly consent to receive communications from Us through Your registered phone number
Original ID. You consent to be contacted by Us via phone calls and/or SMS notifications. You agree that
communication so received by You from Us will not amount to spam, unsolicited communication or a
of Your registration on the national do not call registry.
- You are solely responsible for maintaining the confidentiality of Your Registration Data and will be
for all activities and transactions that occur through Your Account and the Services, whether initiated
You or any third party. The password and other details of the Account should not be shared with any
party. Your Account is non-transferable and is not capable of being transferred/ sold to a third party.
shall not be liable for any loss that You may incur as a result of someone else using Your password or
Account, either with or without Your knowledge.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit
or obscene materials on the Services and that You may be involuntarily exposed to such offensive and
materials. It is also possible for others to obtain Personal Information about You on the public forum
to Your use of the Services, and that the recipient may use such information to harass or injure You. We
not approve of such unauthorized uses, but by using the Services You acknowledge and agree that We shall
be responsible for the use of any Personal Information that You publicly disclose or share with others
the Services. Please carefully select the type of information that You publicly disclose or share with
others on the Services, or from the Services on other social platforms (including Facebook etc).
13. NOTICE AND COMMUNICATION
- Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in
- All Your communication with Us will be of a professional nature only. You will not contact Us to harass,
intimidate or threaten any person, or to promote any cause, which You may support.
- You expressly agree that use of the service is at your sole risk and is provided on an "as is" basis
warranties of any kind, either express or implied, including, but not limited to, warranties of title or
implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only
the extent prohibited under applicable law with any legally required warranty period to the shorter of
thirty days from first use or the minimum period required).
- Without limiting the foregoing, neither Gameberry nor its affiliates or subsidiaries, or any of their
directors, employees, agents, attorneys, third-party content providers, distributors, licensees or
(collectively, "Gameberry parties") warrant that the service will be uninterrupted or error-free.
15. INDEMNITY AND LIMITATION OF LIABILITY
- You will defend, indemnify and hold harmless Gameberry, and each of its affiliates (and its respective
employees, directors, agents, advisors and representatives) from and against any and all claims, costs,
losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees)
out of any Claim that arises out of or relates to: the use or misuse of Services or any violation of
- For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding
instituted by a person or entity.
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT
SHALL GAMEBERRY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
CONNECTION WITH THESE T&Cs. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL
RELATING TO OUR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED INR
10,000/- (INR Ten Thousand Only).
16. FORCE MAJEURE
- We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is
prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be
for so long as the Force Majeure Event continues.
- For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause
the reasonable control of Gameberry
17. COPYRIGHT COMPLAINT
We respect the intellectual property of others. In case You feel that Your work has been copied in a way that
constitutes copyright infringement, You can write to Us at email@example.com.
Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not
a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver
any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within
(Three) months from when the cause of action arose. Any claims filed beyond this time period shall be
19. REVISION OF T&Cs
- We reserve the right to change any of the T&Cs or any policies or guidelines governing the Services, at
time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the
and We may send You an automated e-mail to Your Original ID informing about the changes made. You can
the date on which these T&Cs were last updated by referring to the legend ‘Last Updated on’ at the
of these T&Cs.
- Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the
they are posted on the Services. By continuing to access or use Services, You will be deemed to have
to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should
accessing and/or using Our Services immediately
- We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs,
any time without any prior written notice to You. It is Your responsibility to review these T&Cs
periodically for updates/ changes. Your continued use of the Services following the posting of changes
mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
20. CUSTOMER GRIVEVANCE REDRESSAL POLICY
- If You are not satisfied with the quality of Service(s) offered or have any other complaints or
please contact Our customer care at firstname.lastname@example.org.
The procedure of escalation of complaints shall be as follows:
- email@example.com - Customer Support Executive
- firstname.lastname@example.org - Senior Customer Support Executive
- email@example.com - Customer Support Head
If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then
invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of these T&Cs will continue in
person or entity at any time with or without your consent. You may not assign or delegate any rights or
assignment and delegation by you is void and ineffective.
23. SUPPLEMENTAL POLICIES
Gameberry may publish additional policies related to specific services such as applications for mobile
forums, contests or loyalty programs. Your right to use such services is subject to those specific policies
24. ENTIRE AGREEMENT
These T&Cs, any supplemental policies and any documents expressly incorporated by reference herein (including
understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or
or whether established by custom, practice, policy or precedent, between you and Us with respect to the
If we provide you with a translation of the English language version of these Terms, the Gameberry Privacy
or any other policy (collectively “Gameberry Policies”), then you agree that the translation is provided for
informational purposes only and does not modify the English language version of the Gameberry Policies.
In the event of a conflict between a translation of the Gameberry Policies and the English version, the
version of the Gameberry Policies will control.
26. EQUITABLE REMEDIES
- You acknowledge that the rights granted and obligations made under these T&Cs to Gameberry are of a
and irreplaceable nature, the loss of which shall irreparably harm Gameberry and which cannot be
monetary damages alone. Accordingly, Gameberry shall be entitled to injunctive or other equitable relief
(without the obligations of posting any bond or surety or proof of damages) in the event of any breach
anticipatory breach by you.
- You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain
operation of the Service or any Gameberry game, exploitation of any advertising or other materials
connection therewith, or exploitation of the Service or any content or other material used or displayed
through the Service and agree to limit your claims to claims for monetary damages, limited by Section
27. GOVERNING LAW AND DISPUTE RESOLUTION
- Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity,
breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under
Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of
Gameberry as Gameberry may designate. If the Dispute is not settled amicably as aforesaid within a
14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the
of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator
mutually appointed by Us and the Customer.
- The arbitration proceedings shall be conducted in the English language. The venue for the arbitration
proceedings shall be Bengaluru.
- This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this
Clause, We and You agree and undertake that any controversy or claim arising out of or relating to these
T&Cs will be adjudicated exclusively before a competent court in Bengaluru, India only.