Brainy Gamez

Terms & Conditions

Effective Date: 06th May 2022

These Terms of Use (the "Terms") are a binding contract between You and Coolboots Media Private Limited ("Company, CoolBoots," "we", “BrainyGamez”, "our" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. You’re using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

When you visit on BrainyGamez from another Publisher site/product/service and start using it, these terms will automatically apply to you. You should make sure therefore that you read them carefully before using the product/service. You are not allowed to copy, or modify the product/service, any part of the product/service, or our trademarks in any way. You are not allowed to try and attempt to extract the source code of the product/service, and you also shouldn’t try to translate the product/service into other languages, or make derivative versions. The product/service itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong to CoolBoots Media Pvt. Ltd, the owner of the product/service - BrainyGamez. These terms of use are subject to change, so we urge you to keep checking them.

These terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

This website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this website if you a minor.

We reserve the right to make changes to the product/service, at any time and for any reason in the future, however the product/service is free to use for the users. We will never charge you for the product/service or its services. CoolBoots Media will not be responsible for any such transactions/payments made by you to any third party.

Certain functions of the product/service will require the product/service to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but BrainyGamez cannot take responsibility for the product/service not working at full functionality if you don’t have access to Wi-Fi or your mobile data pack has expired or if the mobile operator is not providing you mobile data for whatever reason. This can happen at the start of the game/ in between the game as well, BrainyGamez will not be responsible for not working properly if the issue is caused by your WiFi/ mobile data provider.

If you’re using the product/service outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the product/service, or other third party charges. In using the product/service, you’re accepting responsibility for any such charges, including roaming data charges if you use the product/services outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the product/service, please be aware that we assume that you have received permission from the bill payer for using the product/service.

Along the same lines, BrainyGamez cannot always take responsibility for the way you use the product/service i.e. You need to make sure that your Smart Phone stays charged – if it runs out of battery and you can’t turn it on to avail the service, BrainyGamez cannot accept responsibility for the same.

With respect to our responsibility for your use of the product/service, when you’re using it, it’s important to bear in mind that although we made endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. BrainyGamez accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the product/service.

In some cases, we may enable you to access third party products, services or ads through our Services. Ads being serviced are through third party(ies) & ad network (s). We do not have any control over the ad content being served and will not be responsible for the same. Please note that those products or services including the ads are offered by people or companies not affiliated with or controlled by us, and we are not responsible in any case for their actions, their terms, their use of information, or their products, services or ads. If you submit your information to a third party, that third party’s treatment of your information is governed by their privacy policy, which may differ from this Privacy Policy and which we encourage you to review.

We may also wish to stop providing the product/service, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the product/service, and (if needed) delete it from your device.

BrainyGamez Rules:

Below are the rules pertaining to puzzles on BrainyGamez.

i. User have to do all kinds of random stuff in order to solve the puzzle, such as use the answer that might not be obvious at first, or find hidden objects, or spot the difference, or drag n reveal or solve math problems, as the levels increase the questions get tougher and tougher.

ii. User can take as much as time they want, as there is no time bound to solve the puzzle.

iii. It is pertinent and foremost important to note that NO puzzles active on BrainyGamez have Prize money as reward. All puzzles only have Coins as the reward.

iv. It is also pertinent to note that the coins mentioned in point iii are absolutely free. A User can either win the coins through Coin Based Games or We (BrainyGamez) shall give coins to you (User) for free to participate, in case you have fewer coins in your BrainyGamez wallet.

v. This is to be clarified that the Coins are NOT MONEY and cannot be converted into money at any point. These coins are for Coin Based puzzles participation only.

vi. A user will get the reward as Coins ONLY if the user solves the puzzles on BrainyGamez.

vii. BrainyGamez has multiple puzzles active for participation, which user can access one by one after completing each puzzle.

viii. This is utmost important to note that “NO PUZZLES MENTIONED/ACTIVE ON BRAINYGAMEZ REQUIRES A USER TO DEPOSIT ANY MONEY FOR PARTICIPATION”.

ix. That the Participation in any puzzles on BrainyGamez is absolutely free for all its users. There are no In-product purchases.

Coins Prize distribution:

At the end of every puzzle/event, BrainyGamez will give Coins as the reward for solving the puzzle. The Prize can be in form of BrainyGamez Coins.

BrainyGamez coins are used as virtual coins and can be used only for participating in the puzzle, use hint, skip level and will be maintained in the Coins wallet. At no point these coins are converted into cash prize money.

If the company suspects any abusive activity around any of its programs including but not limited to the – Playing puzzles game, participation or winning, the company will have the sole discretion to take appropriate measures including blocking the user.

In case of any fraudulent activities detected from your end to disrupt, manipulate or hinder the right usage of BrainyGamez product & its services, the company holds the rights to terminate your access to the product without notice.

In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website/Services has caused damage to a third party;. This defense and indemnification obligation will survive these Terms.

We are constantly trying to improve our Services/website, so these Terms may need to change along with the Services/website. When you use any of the services provided by the Company, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into these terms of use and shall be considered as part and parcel of these terms of use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms of use, at any time without any prior written notice to you. It is your responsibility to review these terms of use periodically for updates, we change. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions.

If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective.

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Company and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana and You hereby accede to and accept the jurisdiction of such courts.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind the Company in any respect whatsoever.

If you have any questions or suggestions about these Terms, do not hesitate to contact us at support@brainygamez.com or write to us at the following address:

Team BrainyGamez

C/o: CoolBoots Media Private Limited

Address: 402 C, Centrum Plaza, Sector 53, Golf Course Road, Opposite Suncity, Gurgaon – 122002 (HR)

Call: 01244663531

Effective Date: 06th May 2022

Introduction

Please read on to learn the rules and restrictions that govern your use of BrainyGamez http://www.brainygamez.co, it’s services (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at contact@brainygamez.co

These Terms of Use (the "Terms") are a binding contract between You and Coolboots Media Private Limited ("Company”, “Coolboots," “BrainyGamez” "we", "our" and "us"). This is a legally binding agreement, and you should read it carefully. By using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not use, or otherwise access our Services. You are using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Coolboots Privacy Policy https://brainygamez.co/terms-conditions.html

In order to accept the terms and to use the services, you must be at least 18 years of age or an age of majority as per the law of your territory. The services are not intended for users under the Minimum age. If you are not at least the Minimum age, you may not use the services.

When you visit/open BrainyGamez from another Publisher site/product/service and start using it, these terms will automatically apply to you. You should make sure therefore that you read them carefully before using the product/service.

We at CoolBoots Media or BrainyGamez never ask you for your bank details or ask you to transfer any money to us in any case as all services are free of cost for the user. Please be careful of the fraudulent activities. Anyone from CoolBoots or BrainyGamez along with its employees or associated parties will never ask you for any personal information.

BrainyGamez Rules:

Below are the rules pertaining to puzzles on BrainyGamez.

i. User have to do all kinds of random stuff in order to solve the puzzle, such as use the answer that might not be obvious at first, or spot the difference, or drag n reveal, or find hidden objects, or solve math problems, as the levels increase the questions get tougher and tougher.

ii. User can take as much as time they want, as there is no time bound to solve the puzzle.

iii. It is pertinent and foremost important to note that NO puzzles active on BrainyGamez have Prize money as reward. All puzzles only have Coins as the reward.

v. This is to be clarified that the Coins are NOT MONEY and cannot be converted into money at any point. These coins are for Coin Based puzzles participation only.

vi. A user will get the reward as Coins ONLY if the user solves the puzzles on BrainyGamez.

vii. BrainyGamez has multiple puzzles active for participation, which user can access one by one after completing each puzzle.

viii. This is utmost important to note that “NO PUZZLES MENTIONED/ACTIVE ON BRAINYGAMEZ REQUIRES A USER TO DEPOSIT ANY MONEY FOR PARTICIPATION”.

ix. That the Participation in any puzzles on BrainyGamez is absolutely free for all its users. There are no In-product purchases.

Coins Prize distribution:

At the end of every puzzle/event, BrainyGamez will give Coins as the reward for solving the puzzle. The Prize can be in form of BrainyGamez Coins.

BrainyGamez Coins are used as virtual coins and can be used only for participating in the puzzle, use hint, skip level and will be maintained in the Coins wallet. At no point these coins are converted into cash prize money.

In case of any fraudulent activities detected from your end to disrupt, manipulate or hinder the right usage of BrainyGamez Product & its services, the company holds the rights to terminate your access to BrainyGamez without notice.

Intellectual Property Rights

All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website, Application, Services and products are proprietary property of the Company ("Proprietary Information"). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on BrainyGamez or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. Certain contents on BrainyGamez may belong to third party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on BrainyGamez.

You are not allowed to copy, or modify the product/service, any part of the product/service, or our trademarks in any way. You are not allowed to try and attempt to extract the source code of the product/service, and you also shouldn’t try to translate the product/service into other languages, or make derivative versions.

Restrictions

You are expressly and emphatically restricted from all of the following:

a. publishing any BrainyGamez’s material in any media;

b. selling, sublicensing and/or otherwise commercializing any BrainyGamez’s material;

c. publicly performing and/or showing any BrainyGamez’s material;

d. using BrainyGamez in any way that is, or may be, damaging to BrainyGamez;

e. using BrainyGamez in any way that impacts user access to BrainyGamez;

f. using BrainyGamez contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to BrainyGamez, or to any person or business entity;

g. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to BrainyGamez, or while using BrainyGamez;

Our services will not be available in certain regions. Do not access/use BrainyGamez if you are from the below mentioned list of Countries where usage of BrainyGamez will be restricted:

China & Russia

Without limitation to any other remedies, Company may delete, suspend, terminate, limit or modify access to the services or any portions thereof if Company suspects or if you have failed to comply with any of the Terms mentioned herein, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in barring you to avail benefits & use of product and services. Company is not and will not be held responsible for any information, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.

Company may also stop offering and/or supporting the Services, including, but not limited to, any particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, Company shall not be required to provide compensation to users in connection with such discontinued or terminated Services. Such actions may also result in disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.

No Warranties

BrainyGamez is provided “as is,” with all faults, Coolboots makes no express or implied representations or warranties, of any kind related to BrainyGamez or the materials contained on BrainyGamez. Additionally, nothing contained on BrainyGamez shall be construed as providing consult or advice to you.

BrainyGamez may contain links or connections to third party websites or services that are not owned or controlled by the Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that the Company is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services/website. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Limitation of Liability

In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of BrainyGamez, whether such liability is under contract, tort or otherwise, and Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of BrainyGamez.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the BrainyGamez Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of BrainyGamez/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

If any user changes or manipulates the results/output on BrainyGamez using any unfair, fraudulent means like VPN, etc. then Coolboots Media Pvt. Ltd./BrainyGamez will not be responsible, rather the user shall be solely responsible for his unlawful act and shall also indemnify BrainyGamez/Coolboots Media Pvt. Ltd. for any or all claims arising out of it at fullest extent.

Severability

Variation of Terms

We are always trying to improve the Services and may change over time. We may suspend or discontinue any part of the Services or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this is not always practical and non-binding. Similarly, we reserve the right to remove any Content from BrainyGamez at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. We are constantly trying to improve our Services, so these Terms may need to change along with the Services. When you use any of the services provided by the Company, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into these terms of use and shall be considered as part and parcel of these terms of use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms of use, at any time without any prior written notice to you. It is your responsibility to review these terms of use periodically for updates, we change. Your continued use of BrainyGamez following the posting of changes will mean that you accept and agree to the revisions.

Assignment

Entire Agreement

These Terms, including any legal notices and disclaimers contained on BrainyGamez, constitute the entire agreement between the Company and you in relation to your use of BrainyGamez, and supersede all prior agreements and understandings with respect to the same.

Dispute Resolution, Governing Law and Jurisdiction

If a dispute arises between you and Coolboots, Coolboots strongly encourages you to first contact Coolboots directly to seek a resolution by contacting Coolboots at contact@brainygamez.co.

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana, India and you hereby accede to and accept the jurisdiction of such courts.

No Class Actions

You and Coolboots can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST COOLBOOTS IN YOUR INDIVIDUAL CAPACITY.

That means:

neither you nor Coolboots may bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; the arbitrator or court cannot combine more than one person’s claim into a single case and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and Coolboots both agree to change this in writing); and the arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users.

Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Services to Coolboots are of a unique and irreplaceable nature, the loss of which shall irreparably harm Coolboots and that cannot be replaced by monetary damages alone, so that Coolboots 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 or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services or the games, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).

Force Majeure

Coolboots shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Coolboots’ control such as natural disasters, war, terrorism, riots, embargoes, pandemic, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Partnership

You agree that your use of the Services does not constitute any joint venture, partnership, employment or an agency relationship between you and Coolboots as a result of this Agreement.

If you have any questions or suggestions about the Terms of use, do not hesitate to contact us at contact@brainygamez.co

CONTACT INFORMATION

Email: contact@brainygamez.co

Address: Coolboots Media Private Limited, 402, ABC, 4th Floor, Centrum Plaza, Sector-53, Golf Course Road, Gurugram, Haryana, India-122002