Effective Date: 22 July 2024

These Terms of Use (the "Terms") are a binding contract between You and WalkingStreet Media Private Limited ("Company, WalkingStreet website," "we", “BrainyGamez”, “website”, "our" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your usage of 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 open “BrainyGamez” and start using the website, these terms will automatically apply to you. You should make sure that you read them carefully before using the website. You are not allowed to copy, or modify the website, any part of the website, or our trademarks in any way. You are not allowed to try and attempt to extract the source code of the website, and you also should not try to translate the website into other languages, or make derivative versions. The website itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it solely and exclusively belong to WalkingStreet Media Private Limited , the owner of the website - “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 and pertinent rules thereunder, as amended from time to time.

Persons/users who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the website and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of “BrainyGamez” or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You represent and warrant that all the data provided by You is accurate and complete. The Company reserves the right to terminate Your account and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years . You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.

We reserve the right to make changes to the website or to charge for its services, at any time and for any reason in the future, however, the website is free to use as of now. We will never charge you for the website or its services without making it very clear to you exactly what you’re paying for.

We store and process personal data that you have provided to us, in order to provide you services seamlessly. Please review our Privacy Policy. Certain functions of the website will require the website 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 website 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 Wi-Fi/ mobile data provider.

If you’re using the website 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 website, or other third-party charges. In using the website, you’re accepting responsibility for any such charges, including roaming data charges if you use the website 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 website, please be aware that we assume that you have received permission from the bill payer for using the website.

Along the same lines, “BrainyGamez” cannot always take responsibility for the way you use the website i.e. You need to make sure that your device 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 website, when you’re using the website, it’s important to bear in mind that although we 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 website.

At some point, we may wish to update the website. . All our future updates will have these Terms of Use, and you will continue to comply with them when you update the website. We may also wish to stop providing the website, 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 website..

Do not access or use our Services by any means or technology which conceals your actual geo-location or is unable to provide accurate details of the location (for example, use a virtual. Private network (VPN) to access our Services).

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 BrainyGamez without notice.

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 website/services, so these Terms may need to change along with the website/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 the website/services 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 website/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 of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use 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/services, constitute the entire agreement between the Company and you in relation to your use of this website/services, 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, India 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.

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.

If you have any questions or suggestions about these Terms of Use, do not hesitate to contact us at support@brainygamez.com

CONTACT INFORMATION

Email: support@brainygamez.com

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