Effective Date: 9th August 2024
These Terms of Use (the "Terms") are a binding contract between You and BrainyBusters ("Company, BrainyBusters website," "we", “BrainyBusters”, “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 “BrainyBusters” 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 the owner of the website - “BrainyBusters”. 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 “BrainyBusters” 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 “BrainyBusters” 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, “BrainyBusters” 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, “BrainyBusters” 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, “BrainyBusters” 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. “BrainyBusters” 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).
Below are the rules pertaining to puzzles on BrainyBusters.
At the end of every puzzle/event, BrainyBusters will give Coins as the reward for solving the puzzle. The Prize can be in form of BrainyBusters Coins.
BrainyBusters 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 BrainyBusters Product & its services, the company holds the rights to terminate your access to BrainyBusters without notice.
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 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.co.
Effective from: 9th August 2024
Please read on to learn the rules and restrictions that govern your use of "BrainyBusters" Website and its services (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@brainygamez.co. These Terms of Use (the "Terms") are a binding contract between You and BrainyBusters ("Company", "BrainyBusters", "Website", "we", "our", "us", "Company"). 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. If you are using the Services in any way, it 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 Privacy Policy.
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. You must be at least of legal age to access and/or use the Services.
When you open "BrainyBusters" website from your browser and start using it, these terms will automatically apply to you. You should make sure that you read them carefully before using the website/service.
We at "BrainyBusters" website never ask you for your personal information such as 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 fraudulent activities. Anyone from "BrainyBusters" website along with its employees or associated parties will never ask you for any personal information.
We do not offer login or sign up, as we do not store and process your personal data in order to provide you services seamlessly. 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 "BrainyBusters" Website cannot take responsibility for the website/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 quiz/ in between the quiz as well, "BrainyBusters" Website 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 are 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 are using the product/service, please be aware that we assume that you have received permission from the bill payer for using the product/service.
In case of any fraudulent activities detected from your end to disrupt, manipulate or hinder the right usage of BrainyBusters Product & its services, the company holds the rights to terminate your access to BrainyBusters without notice.
All information, content, material, trademarks, service marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script, and audio, contained in the Website 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 "BrainyBusters" Website 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 "BrainyBusters" Website 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 "BrainyBusters" Website.
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.
You are expressly and emphatically restricted from all of the following:
Certain areas of "BrainyBusters" Website are restricted from access by you and Company may further restrict access by you to any areas of "BrainyBusters" Website, at any time, in its sole and absolute discretion.
Our services will not be available in certain regions. Do not register or use "BrainyBusters" Website if you are from the below mentioned list of Countries where usage of "BrainyBusters" Website will be restricted:
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 of Use, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the blocking of your Device ID, information, benefits and use of services. Company is not and will not be held responsible or liable for any information, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.
Company may also discontinue 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 discontinuation or termination of 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.
"BrainyBusters" Website is provided “as is,” with all faults, and BrainyBusters makes no express or implied representations or warranties, of any kind related to "BrainyBusters" Website or the materials contained on "BrainyBusters" Website. Additionally, nothing contained on "BrainyBusters" Website shall be construed as providing consultation or advice to you.
"BrainyBusters" Website 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.
To the maximum extent permitted by applicable law, in no event shall "BrainyBusters" Website, 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 "BrainyBusters" Website, whether such liability is under contract, tort or otherwise, and "BrainyBusters" Website, 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 "BrainyBusters" Website.
You hereby indemnify to the fullest extent BrainyBusters from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Company reserves the right to revise these Terms at any time as it sees fit, and by using "BrainyBusters" Website you are expected to review such Terms on a regular basis to ensure you understand all Terms and Conditions governing the use of "BrainyBusters" Website.
These Terms will be governed by and construed in accordance with the laws of India, and you submit to the non-exclusive jurisdiction of the state and federal courts located in India for the resolution of any disputes.
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 "BrainyBusters" Website, constitute the entire agreement between BrainyBusters and you in relation to your use of "BrainyBusters" Website, and supersede all prior agreements and understandings with respect to the same.
If you have any questions about these Terms, please contact us at support@brainygamez.co.
Copyright © 2024 BrainyBusters - All rights reserved