Terms and Conditions of Influenzer
Date: 21st Sep 2020
These Terms govern
- the use of this Application, and,
- any other related Agreement or legal relationship with the Owner, Gamestacy
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Although the entire contractual relationship relating to these Products is entered into solely by the Gamestacy and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store and the Google Play Store, Apple and Google may enforce these Terms as a third-party beneficiary.
This Application is provided by:
GAMESTACY ENTERTAINMENT PRIVATE LIMITED,
712 Managun Mastero, Plot Number F21A, Sector 50 Noida, 201301
Gamestacy contact email: email@example.com
What the User should know at a glance
- The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
- The Service/this Application is only intended for Consumers.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
If you accept these Terms and Conditions, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms and Conditions.
If you access this Application from a Social Networking Site (“SNS”), such as Facebook or Google+, you agree to comply with its terms and conditions/use as well as these Terms and Conditions.
By installing, using or otherwise accessing this Application, you agree to these terms and conditions. If you do not agree to these terms and conditions, you may not use or otherwise access this Application.
Subject to your agreement and continuing compliance with these Terms and Conditions, Gamestacy grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the application for your personal and non-commercial use.
Gamestacy does not grant you any other rights to the application. Gamestacy reserves all rights not expressly granted in these Terms and Conditions.
By using this Application, Users confirm to meet the following requirements:
- Users must qualify as Consumers;
- Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
- Users aren’t listed on any U.S. Government list of prohibited or restricted parties;
To use t this application, Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of this application.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application. Users giving of Login Information to any other person, or allowing any other person to use their Account is strictly prohibited.
By registering, Users agree to be fully responsible for all activities , including purchases that occur under their username and password.
Users are required to immediately and unambiguously inform usvia the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account.
- Unless explicitly permitted, a User account may not be shared with other persons.
Users can terminate their account and stop using this Applicationat any time by doing the following:
- By directly contacting usat the contact details provided in this document.
Account suspension and deletion
We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive, inactive for a more than 12 months or in violation of these Terms.
We reserve the right to delete your Account, if there’s no activity by you in relation to your Account for 180 or more days.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Code of Conduct
You agree that you will not, under any circumstances:
- Engage in any act that Gamestacy deems to conflict with the spirit or intent of this Application or make improper use of Gamestacy’s support services.
- Use (directly or indirectly) any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with this Application
- Use this Application in violation of any applicable law or regulation.
- Disrupt, interfere with or otherwise adversely affect the normal flow of this Application or otherwise act in a manner that may negatively affect other users’ experience when using this Application.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support this Application.
- Attempt to gain unauthorized access to this Application, accounts registered to others or to the computers, servers, or networks connected to this Application by any means other than the user interface provided by Gamestacy, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of this Application.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Gamestacy’s employees, including Gamestacy´s customer service representatives.
- Make available through this Application any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Gamestacy employee.
- Solicit or attempt to solicit login information or any other login credentials or personal information from other users of this Application.
- Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through this Application.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive
- engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information/content (or links to any information/content) that contains nudity, excessive violence, or offensive subject matter.
- Attempt to disassemble, reverse engineer, decompile or decipher any part of this Application, encryption technologies or data used to provide this Application, or to obtain any information from this Application using any method not expressly permitted by Gamestacy.
- Use this Application for Commercial purposes or for fraudulent or abusive purposes.
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by us or our licensors. This includes, but is not limited to, the virtual items or currency appearing or originating in this game, whether earned in the game or purchased from Gamestacy in exchange for money which is used for transactions in the ‘real world’.
We undertake our utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
In this game you may purchase a license to use virtual goods using “real world” money (“Virtual items”). This licence to Virtual Items is limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Gamestacy may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The provision of Virtual Items for use in Gamestacy’s games commences immediately upon purchase. All purchases and redemptions of Virtual Items made through the application are final and non-refundable. Gamestacy will not provide a refund for Virtual Items for any reason, and you will not receive any compensation for unused Virtual Items, unless required by mandatory legislation.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the application.
Rights regarding content on this Application – All rights reserved
We hold and reserve all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of this Application.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by us are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
We allow Users to upload, share or provide their own content to this Application.
By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Application they grant us, a non-exclusive, fully trasnferable, sub-licensable fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application , including but not limited to the rights to reproduce, copy, adapt, modify, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your User Content. Gamestacy will have a right to use all your User Content with or without notice and without any kind of compensation to you.
Gamestacy’s license to use your User Content survives any termination of these Terms and Conditions. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.
Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that we donot filter or moderate such content.
However, We reserve the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Application:
- if any complaint based on such content is received;
- if a notice of infringement of intellectual property rights is received;
- upon order of a public authority; or
- where we are made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of. this Application.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold us harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
Removal of content from parts of this Application available through the App Store or Google Play Store
If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using. this Application.
Access to external resources
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that we have no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on this Application Users may see advertisements provided by third parties. We do not control or moderate the advertisements displayed via this Application. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
We are not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, We reserve the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair our legitimate interests;
- offend us or any third party.
This Application gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Application.
In order to take advantage of this offer, Users may invite others to purchase the Products on this Application by sending them a tell-a-friend code provided by us. Such codes can only be redeemed once.
If upon purchase of the Products on this Application any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on this Application.
Tell-a-friend codes may be limited to specific Products among those offered on this Application.
We reserve the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.
TERMS AND CONDITIONS OF SALE
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must choose the desired Product and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
- either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Offers and discounts
Wemay offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Application.
Offers and discounts are always granted at our sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to ourtime zone, as indicated in our location details in this document, unless otherwise specified.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, We shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Purchase via app store
This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play”), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Retention of Product ownership
Until payment of the total purchase price is received by us, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received byus.
Delivery of digital content
Unless otherwise stated, digital content purchased on this Application is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Users have the option to test this Application or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of this Application may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on this Application.
The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.
Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.
Paid subscriptions begin on the day the payment is received by us.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Subscriptions handled via Apple ID or Google ID
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account or through the Google ID associated with their Google Play Account by using the relevant process on this Application. When doing so, Users acknowledge and accept that
- any payment due shall be charged to their Apple ID or Google account;
- subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
- any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
- subscriptions can be managed or cancelled in the Users’ Apple App Store or Google Play Store account settings.
The above shall prevail upon any conflicting or diverging provision of these Terms.
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to us using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to us an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
- Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
- Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by usfor all payments made to us, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by us, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which we areinformed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless we have offered to collect the goods, Users shall send back the goods or hand them over to us, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
Liability and indemnification
Limitation of liability
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Application is at Users’ own risk. To the maximum extent permitted by applicable law, We expressly disclaim all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from us or through this Application will create any warranty not expressly stated herein.
Without limiting the foregoing, We, our subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Application will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that theApplication is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this Applicationis downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of this Application.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this Application or any hyperlinked website or service, and We shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
This Application may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Wecannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Application.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall we, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Application; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of this Applicationor User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of this Application;
- any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from this Application;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or throughthis Application;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through this Application; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall we, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to us hereunder in the preceding 12 months, or the period of duration of this agreement between us and the User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to this Application, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct including, but not limited to, transmission of any data or content that has a virus, spyware, worms or other malicious code; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Ourfailure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, Wereserve the right to interrupt this Application for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, we may also decide to suspend or terminate this Applicationaltogether. If this Applicationis terminated, wewill cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, this Application might not be available due to reasons outside the our reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without our express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are our exclusive property or our licensor’s exclusive property and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, our exclusive property or our licensor’s exclusive propertyand are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
We reservethe right to amend or otherwise modify these Terms at any time. In such cases, we will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of this Application will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Application. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from us.
If required by applicable law, We will specify the date by which the modified Terms will enter into force.
Assignment of contract
Wereserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without our written permission.
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and us with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the place where we are based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where we arebased, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Amicable dispute resolution
Users may bring any disputes to and we will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact us at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to ouremail address specified in this document.
Wewill process the complaint without undue delay and within 21 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
Definitions and legal references
This Application (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between us and the User, governed by these Terms.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Example withdrawal form
GAMESTACY ENTERTAINMENT PRIVATE LIMITED, 712 Managun Mastero, Plot Number F21A, Sector 50 Noida, 201301
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
- Ordered on: _____________________________________________ (insert the date)
- Received on: _____________________________________________ (insert the date)
- Name of consumer(s):_____________________________________________
- Address of consumer(s):_____________________________________________
- Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
A good or service available for purchase through this Application, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by this Application as described in these Terms and on this Application.
All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Application.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
Updates to these Terms and Conditions
We may update these Terms and Conditions from time to time in response to changing legal, technical or business developments. When we update our Terms and Conditions, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material changes if and where this is required by applicable laws.
You can see when these Terms and Conditions were last updated by checking the “last updated” date displayed at the bottom of these Terms and Conditions.
Latest update: September 21, 2020