Terms and Condition
Updated on 10th March, 2023.
Your use of the Services indicates Your acceptance of the Platform Policies and hence You are advised to read the Terms carefully before using Our Services.
We reserve the right to periodically review, update, or otherwise modify any part of the Platform Policies at Our sole and absolute discretion, and accordingly, You are advised to keep Yourself updated on the latest Platform Policies. We will provide you with notice of any modification to the Terms, and Your continued access and use of the Services after such notification shall constitute consent to the modified Platform Policies.
If You do not accept any part of the Platform Policies or any subsequent modification therein, You must stop accessing or using Our Services.
To use the Services and play on the Platform, You must register with Us and consent to the Platform Policies. You can register with Us here.
In the event where one or more of the terms hereunder are determined to be invalid or unlawful for any reason, by a competent judicial or quasi-judicial authority in India, the validity or enforceability of the remaining terms will not be affected and the same will be valid and binding on You and all other users.
1.1 “Activity” shall mean a users’ participation in the Games organized by Us.
1.2 “Applicable Law (s)” means all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, notices, and/ or judgments, decrees, injunctions, writs or orders, instructions, decisions of any court or and awards or other requirements or official directives of any governmental authority, in any jurisdiction, as may be applicable to the relevant person.
1.3 “Barred States” shall mean any state in the territory of India where online gaming has been prohibited under Applicable Laws.
1.4 “Communication Feature” shall mean the in-game features that enable users to interact with each other during a Game.
1.5 “Game(s)” shall mean the various online board games, card games, sports-based fantasy games and other skill-based games offered on the Platform, and shall include the various formats available through Our Services, as described in Clause 5.1.
1.6 “Platform” shall mean the Gamezy website and related mobile applications on which online board games, card games, sports-based fantasy games, and other skill-based games are made available to users.
1.8 “Gamezy Account” shall mean the user account maintained by a user with Gameskraft, to play Games on the Platform.
2. Who may use Our Services:
2.1 Our Services are not intended for or offered to any person below the age of eighteen (18) years, or persons who are resident in or access the Platform from any of the Barred States. We have the right to control the access to Our Services at all times, in any State in India, and reserve the right to update the list of Barred States.
2.2 If You are below the age of eighteen (18) years or a resident or located in any of the Barred States, You may not access and use Our Services. In case You do, You shall be solely responsible for any legal actions that may ensue from such use of Our Services. We reserve the right to request proof of age and geolocation at any stage of Your access and use of Our Services to verify that persons below the age of eighteen (18) years or residing or located in Barred States are not using the Service. We may exclude a person from using Our Services where We suspect that such person using the Service is under-age and he/she fails to provide Us with a valid proof of age or is located in a Barred State.
2.3 We may terminate Your access and use of the Services when We become aware of or are of the opinion, at our sole discretion, that Your use and access of Our Service is in violation of the Platform Policies.
3. How can You access and/or use the Service:
3.1 Gamezy allows You to play Games with other registered users on the Platform. All games that are made available on the Platform are games of skill (the outcome of the game is primarily dependent upon Your skills and not luck or chance), therefore, it is legal to play these games in most states in India.
3.2 You can play the Games offered on the Platform only via the Gamezy website and mobile application, which can be downloaded or installed from the Google Play Store for Android users, and Apple’s App Store for iOS users or such other app stores.
3.5 When You register with Us, You agree to receive promotional messages from Us, and our affiliates, through SMS, Email, Call and Push Notifications, in relation to the Services (of various types and nomenclature e.g. bonus). You may withdraw Your consent to receive such notification by sending an email to firstname.lastname@example.org
3.6 Internet connectivity issues at Your end, disruptions due to Your local internet environment, errors in the setup of software or hardware on Your end, or other factors not directly attributable to Us, are beyond Our control, and accordingly, We will not incur any liability for any halts, breaks, or interruptions in Your usage of Our Services on account of such issues.
4. User Identity:
4.1 When you register with Us, You choose Your username which shall be your identity (“Username”) on the Platform. Your chosen username is confirmed, subject to availability and in compliance with these Terms.
4.2 You are prohibited from creating or using multiple Usernames and/or accounts on our Platform. If multiple User IDs and/or accounts are detected for one user, we may take penal actions, including suspension of the linked User IDs and/or accounts.
4.3 Username must not be indecent, objectionable, offensive, or unlawful. Username that are found to violate the intellectual property of any entity, reveal personal information, or be suggestive of an advertising or promotional activity, may be rejected. Users in violation of these stipulations will be given an opportunity to provide an alternate Username failing which We reserve the right to either terminate Your Gamezy Account or restore Your Gamezy Account only after an acceptable Usernamehas been provided by You.
4.4 Your Username will remain active on the Platform unless We terminate or suspend Your access to the Platform for a violation of the Platform Policies in accordance with these Terms, or where You voluntarily delete Your Gamezy Account or where Your Gamezy Account becomes inactive as per Clause 7.1.
5. Game Formats and Rules:
5.1 We currently offer five (5) formats for the various games available on the Platform, namely - practice games, tournaments, contests (for sports-based fantasy games), and promotional games (which may involve rewards or Discounts). We may increase or reduce the number of game formats offered through Our Services, at our sole discretion.
5.2 A “Contest” is a skill-based competition provided in our fantasy sports-based games in which Users can compete against other players. Contests are free to play. Free Contests are open to all users.
5.3 You agree to abide by the rules and regulations of the Games on the Platform (“Game Rules”). You are required to ensure that You have read and understood the Game Rules before playing them. The Game Rules form part of the Platform Policies and can be found on the ‘Game rules/how to play’ page of Our Platform .
5.4 We may, from time to time, make additional Games available as part of the Services. The Platform Policies will govern all aspects of such newly introduced Games, and the relevant Game Rules will be made available to You on Our Services.
5.5 We reserve the right to determine the results and winners of each of the Game in accordance with the applicable Game Rules. By registering and/or participating in any Game You agree to these determinations, which shall not be open to challenge. We will post lists of winners on Our Services following each Game.
5.6 In case anything provided in the game rules/FAQ (suggestive or otherwise) as appearing over the Platform are contrary to these Terms, these Terms shall prevail over to the extent they are contrary to the games rules/FAQs.
6. Restrictions on the use of Our Services:
6.1 You shall not upload, distribute, transmit, publish, share, display, or post content through Our Services or through any service or facility including any Communication Feature provided by Us which:
- belongs to another person and to which You do not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to a child;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- is otherwise objectionable or undesirable (whether or not unlawful);
- is aimed at soliciting donations, chips or other forms of help;
- disparages Gameskraft or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites, in any manner;
- promotes a competing service or product; or
- violates any law for the time being in force.
6.2 The Communication Feature for the player may be immediately suspended without any warning where We are of the opinion that the user is indulging in any activity prohibited under Clause 6.1. above or the Platform Policies. This may also lead to termination of the Gamezy Account of such a User. You may report any abusive or malicious behavior by any other user immediately to us by following the complaints procedure provided in Clause 12 below.
6.3 You shall not host, intercept, emulate, or redirect proprietary communication protocols, used by Us, if any, regardless of the method used, including protocol emulation, reverse engineering, or modification of Our Services or any files that are part of it.
6.4 You shall not frame Our Services. You may not impose editorial comments, commercial material or any information on Our Services, alter or modify any content, or remove, obliterate or obstruct any proprietary notices or labels.
6.5 You shall not use Our Services for commercial purposes, including but not limited to use in a cyber cafe as a computer gaming centre, network play over the Internet, or through gaming networks, or connection to an unauthorized server that copies the gaming experience offered by Us.
6.6 You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Gamezy Account, content, contest points, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with Our Services.
6.7 If You are an officer, director, employee, consultant, or agent of GamesKraft, or a relative of such persons, You are not permitted to play either directly or indirectly, any Games which entitle You to any prize, other than in the course of Your engagement with Gamezy. For these purposes, the term ‘relative’ shall mean a relative as defined under Section 2(77) of the Companies Act, 2013.
6.8 You undertake that You shall not permit any person to access or use Your Gamezy Account and You will not use any form of external assistance to play the Games and shall not indulge in any activity which violates the Platform Policies.
6.9 You are prohibited from utilizing Our Services for any restricted or unlawful purpose.
6.10 You shall not send spam emails or any other form of unsolicited communication for obtaining registrations with Us to benefit from any promotional program of Gamezy or for any other purpose.
6.11 You are free to discontinue using Our Services at any time by intimating Us of Your desire to do so by sending an email to Us at email@example.com (“Discontinuation Request” )
7. Termination, Suspension, and Opt-out:
7.1 We reserve the right to suspend or terminate Your Gamezy Account if We find that You are violating any of our Platform Policies, or breaching/attempting to breach the security of Our Services in any manner, Your Gamezy Account may be terminated immediately and any prize, Discounts or funds therein shall be forfeited.
7.2 Further, if We find that a User is breaching/attempting to breach Our security or privacy protocols, We may, following an internal investigation, decide to undertake a range of actions, depending upon the severity of the detected breach. We reserve the sole right to act and take one or more of the following actions:
- We may stop access and usage of Our Services, indefinitely, for such user;
- We may permanently terminate such users’ Gamezy Account.
- We may demand compensation for the damages to Our Services that occurred because of the breach and prosecute a user for any violation of the law and the Terms if need be.
- We can prohibit the user from registering with Us in the future.
7.3 If We have been instructed or made aware of a cyber fraud or any other fraudulent activity related to a User’s account by a governmental, police or any law enforcement authority or agency, then We reserve the right to suspend Your Gamzezy Account.
7.4 We may attempt to validate Your Gamezy Account via call or email. In the event that We are not able to get in touch with You the first time around, We will make additional attempts to establish contact with You. In cases where the phone number and email address provided by You is incorrect, We bear no responsibility for the Services being interrupted due to Our inability to establish contact with You. In case We are unable to reach You or if the validation is unsuccessful, We reserve the right to disallow You from logging onto Our Services or reduce till such time We are able to satisfactorily validate Your Gamezy Account. In such an event, We will notify You via email of the next steps regarding Your Gamezy Account validation. We may also ask You for proof of identification and proof of address from time to time. Where Your access to Your Gamezy Account is limited or access to Our Services is restricted as a result of unsuccessful user account validation, We may take seven (7) working days to reinstate complete access to Your Gamezy Account and Our Services upon successful validation. We will not be liable for any claim, damage or loss accruing to You from such termination or restriction.
8. Your Representations and Warranties:
You represent that:
- You are eligible and competent to enter into transactions with other users and Gameskraft.
- Any information You provide to Us at any time during the access and use of Our Services, whether at the stage of registration or any time thereafter is correct, complete, up-to-date, and accurate. We shall not be liable against any claim relating to the accuracy, completeness, and correctness of any information You provide Us. We may, at any time and at Our sole discretion, require You to verify the correctness, completeness, and accuracy of such information, and to that extent require You to produce additional documentary proof. Where You fail to provide Us with valid documentary proof, We reserve the right to limit Your access and use of Our Services.
- You will protect the information You provide Us. You must never share Your Gamezy Account login information with anyone, including any other user of Gamezy or any representative of Gameskraft. You specifically understand and agree that We will not incur any liability for information provided by You to anyone which may result in Your Gamezy Account being exposed or misused by any other person.
- You have the required legal rights in relation to any content that You may transmit, upload, or otherwise make available on the Gamezy platform, and such action of Yours shall not violate the intellectual property rights of a third party.
- You shall use Your Gamezy Account solely for the purpose of playing the Games offered through our Services.
- You have the experience and the requisite skills required to participate in the Activity and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Activity.
- You are aware that participation in the Activity may result in financial loss to You. With full knowledge of the facts and circumstances surrounding this Activity, You are voluntarily participating in the Activity and assume all responsibility for and risk resulting from Your participation or being associated with this Activity or around this Activity, including all risks of financial loss. You understand that Gameskraft shall not be liable for any financial loss that You may sustain as a result of participation in the Activity. You agree to indemnify and hold Gameskraft, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with Your participation in the Activity.
- You understand and accept that Your participation in a Game does not create any obligation on Us to give You a prize. Your winning a prize is entirely dependent on Your skill as a player vis-à-vis other players in the Game and subject to the Platform Policies.
- You shall not hold Gameskraft responsible for not being able to play any Game for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Gamezy Account or the same may be pending validation or You may be in suspected or established violation of any of the Platform Policies.
9. Content & Advertisements:
9.1 You are solely responsible for the content that You transmit, upload, or otherwise make available on Our Services. By publishing any content on the Platform, You agree to grant Us a royalty-free, worldwide, non-exclusive, perpetual, and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform Your content and to use such content in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, profile, or picture and other information provided on the Platform.
9.2 By accessing or using or availing Our Services, or using the Communication Features, You may be exposed to content posted by other users, over which Gameskraft has no control. If you find any aspect of such content offensive or unlawful, You may bring such content to Our notice, and We shall take such actions prescribed under applicable law.
9.3 We may place certain promoted or sponsored content on the Platform (directly or via links to other sites or resources) in conjunction with third parties. We make no warranties with respect to such content and neither do we endorse any information contained therein. We shall not be liable to You for such promoted or sponsored content, and Your interaction with such content or third-party resources shall be solely at Your own risk.
9.4 We may use any content in relation to the Games played on the Platform, including recordings of the gameplay, for Our corporate and marketing purposes, and accordingly, You acknowledge, agree, and consent to our right in this regard.
9.5 Gamezy’s Claim of ‘India’s Most Trusted Social Gaming Site’ is completely based on the reviews and assessments of Our users.
10. Disclaimer & Indemnity & Limitation of Liability:
10.1 Gameskraft shall not be liable for any claim, loss, injury, damages, expenses, incurred by You in connection with Your use of the Services.
10.2 You are solely responsible for any consequence resulting from Your participating in this Activity or being associated with this Activity or around this Activity. You understand that We assume no liability or responsibility for any financial loss that You may sustain as a result of participation in the Activity.
10.3 You agree to indemnify and hold harmless Gameskraft against any claims, actions, suits, damages, penalties, or awards brought against Us by any entity or individual in connection with or in respect of Your use of the Services.
10.4 The Platform is offered by Gameskraft on an as-is basis and Gameskraft makes no implied warranties, with respect to the Service. All implied warranties of merchantability and fitness for a particular purpose or use, are disclaimed. No one is authorized to make any warranty on Our behalf, and users may not rely on any other statement of warranty. However, if there is an error in Our Service, We shall take prompt steps to rectify the same.
10.5 Gameskraft expressly disclaims all responsibility and liability for any harm, damages, or loss resulting from Your participation in, or cancellation of, any Game, any activity or transactions with third parties whom You may have connected to through Our Services, and any user-generated content, including any violation of intellectual property rights with respect to such user-generated content.
10.6 The failure on behalf of You or Us to insist upon strict performance of any of the provisions herein or to exercise any option, right or remedy contained herein, shall not be construed as waiver or relinquishment of such provisions, option, right or remedy but the same shall continue and remain in full force and effect. No waiver by You or Us of any provision hereof shall be deemed to have been made unless expressed in writing and signed by You or Us, as the case may be.
10.7 The effective Platform Policies contain all the terms agreed between the Parties regarding the access to and use of Our Services and supersedes and excludes any prior terms and conditions made between You and Us.
11. Intellectual Property Rights:
11.1 Gameskraft and/or its affiliates, as the case may be, exclusively owns all rights and intellectual property of any type throughout the world, including but not limited to patents, trademarks, domain names, trade names, service marks, copyrights, software, trade secrets, industrial designs, and know-how in the Services and underlying technology and documentation therein (“Gameskraft Intellectual Property”).
11.2 By virtue of validly registering with Us, You are granted a limited right to use Our Services in accordance with the Platform Policies, and You have no other right, ownership, title, or interest in the Gameskraft Intellectual Property.
12. Complaints and Disputes:
12.1 If You have any complaint or grievance relating to any aspect of the Services, You may approach Our customer care and grievance redressal team for resolution of such issues by writing to firstname.lastname@example.org.
12.2 You agree that all complaints and disputes at Gamezy are to be kept confidential. We will endeavour to resolve all grievances within a reasonable time period, as mandated under applicable law. Any decision taken by Us relating to any complaint will be binding on the user.
13. Governing Law, Dispute Resolution & Jurisdiction:
13.1 The Platform Policies are governed by and shall be interpreted in accordance with the laws of India.
13.2 Subject to Clause 13.3, any dispute, controversy, or claim against the Us or arising out of these Platform Policies shall be subject to the exclusive jurisdiction of the civil courts at Bengaluru, Karnataka.
13.3 In the event of any legal dispute arising in relation to any aspect of the Platform Policies, or the use of our Services by You, You must provide written notification to Us of the dispute and relevant details. We shall attempt to resolve the dispute through discussions with You, and where such resolution fails to be concluded within thirty (30) days, the dispute may be referred to arbitration. The arbitration shall be conducted before a tribunal of three (3) arbitrators wherein both Gameskraft and You shall be entitled to appoint one (1) arbitrator each and the two (2) arbitrators shall jointly appoint the third arbitrator. The place of arbitration shall be Bangalore, Karnataka, and the arbitration proceedings shall be conducted, in English, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award arising from such arbitration proceedings will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
13.4 Notwithstanding anything in Clause 13.3, Gameskraft shall be entitled to seek and obtain from a court of competent jurisdiction, an interim or permanent equitable or injunctive relief, or any other relief available under applicable law, to safeguard its interest, at any time during the pendency of a dispute with You or any other person, and such pursuit of relief shall not constitute a waiver of the arbitration process mandated herein.
14. Responsible Gaming
Gameskraft is concerned about Your health and well-being, and we constantly take measures to improve the well-being of our users. You are advised to follow
Our Responsible Gaming Policyso as to maximize Your health and safety while engaging in online gaming.
Gamezy Grievance Officer
The Grievance Officer Details are provided below:
Email id – email@example.com
Gameskraft Technologies Private Limited,
2nd Floor, B-Wing, Elnath Building, Exora Business Park,
Prestige Tech Park, Kadubesanhalli,
Bangalore, Karnataka- 560103, India