Welcome to GERAKI. These Terms and Conditions of Use constitute a binding agreement (the Terms) between you and Geraki E-Sports Pvt. Ltd. Geraki is a gaming and Esports company and for more information see https://www.Geraki.in.These Terms shall be governed by and construed by the laws of India (the Applicable Law).The Terms govern your access and use of all features, content, and other services that GERAKI own, control and make available through GERAKI’s online services including in its website, www.Geraki.in (the Website), right to participate in GERAKI’s online gaming competitions and challenges (the Competition(s)), receipt of Prizes (as defined below), and any other applications, tools, products, and services that GERAKI may provide from time to time (collectively the Services).
FOR YOUR OWN BENEFIT, YOU SHOULD READ THESE TERMS CAREFULLY BEFORE ACCEPTANCE. IN PARTICULAR, WE DRAW YOUR ATTENTION TO THE FOLLOWING KEY PROVISIONS:
1. The processing, storage and use of your personal data (found under Article 10 (Data Protection and Confidentiality));
2. How we may choose to market using your personal data (found under Article 11 (Marketing)); and
3. Our limitation of liability is found under Article 15.
2. Acceptance of Terms
2.1 By registering an account, accessing the Website and/or using the Services, or by clicking a button or checking a box indicating that you accept these Terms, you declare that you read, understood, and accepted the provisions of these Terms in full and hereby agree to comply with and be bound by them. These Terms may be amended from time to time, therefore you are encouraged to revisit the Website to be updated on any amendments. Such amendments will become effective and binding on you, from publication, announcement, or communication of the amendment on the Website accessible via a link from the homepage. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendments. 2.2. you must read and understand the provisions of these Terms that will constitute a binding agreement between you and GERAKI before acceptance in accordance with Article 2.1. If there is any provision that you do not understand, then please contact GERAKI before acceptance by email: support@Geraki.in; 2.3. Should you have any queries, complaints, feedback, or comments you would like to communicate to GERAKI, kindly contact GERAKI on the contact details listed in Article 184.108.40.206. If you do not agree to the provisions of these Terms, you must not register an account, access, use or receive any of the Services and participate in any Competitions.2.5 Your use of and access to the Website and Services is subject to any other written and duly executed contracts you may have with GERAKI in addition to these Terms and any Competition Rules (as defined below).
3.1. By registering an account (the Account), accessing the Website, using the Services, and/or participating in Competitions, you warrant and represent to GERAKI the following:
(i) you are at least 18 years of age (or over the legal age prescribed under the Applicable Law as the case may be) and have the legal right, capacity, and power to accept the provisions of these Terms with GERAKI in accordance with the Applicable Law; or
(ii) you are a legal guardian (the Legal Guardian) of a minor under the age of 18, who will register the Account, access the Website, the Services and/or participate in Competitions (Minor(s)), and have the legal right, capacity and power to accept the provisions of these Terms with GERAKI in accordance with the Applicable Law;
(b) you agree at all times to abide by the provisions of these Terms which are binding and enforceable against you;
(c) you are physically located in a jurisdiction in which participation in the Competitions and/or use of the Services are unrestricted by the laws of that jurisdiction;
(d) you meet the eligibility requirements to register an Account, access and use the Website and Services;
(e) you have read, understood, and accepted all of GERAKI’s published policies on the Website as updated from time to time, and you will continue to revisit the Website, from time to time, to review any updates and amendments to such policies and these Terms;
(f) you are responsible for any activity that occurs on your Account;
(g) the accuracy, correctness, validity, completeness, true and up-to-date nature of all information inputted by you onto the Website (including at the time of registering an Account and/or use of Services) and/or communicated by you to GERAKI by any means, and your agreement to maintain and promptly update such information (the User Information); and
(h) to maintain control over your Account, and not to disclose your Account’s username and password (the Credentials), share your Account with others or allows access to your Account and Services, and/or redemption of Prizes (as defined below) awarded to your Account other than by yourself.
3.2. Where Article 3.1(a)(ii) applies:
(a) all references to you, in these Terms, shall be deemed to refer to both the Legal Guardian and the Minor;
(b) the Legal Guardian is responsible for the actions or omissions of the Minor and shall ensure the Minor’s compliance with the Terms, Applicable Law, and the Minor’s use of the Website, Services and/or participation in Competitions; and
(c) you shall adhere to and take the steps necessary required by any special registration procedures set by GERAKI for Minors’ account creation and use of Website and Services and declare the details necessary related to your Legal Guardian where required. GERAKI, reserves that right to request evidence from you and/or your declared Legal Guardian, at any time, to evidence your Legal Guardian’s agreement to the provisions of these Terms and your use and access of the Website, Services, and/or participation in any Competition. If you refrain or fail to produce such evidence promptly, GERAKI reserves the right to, with or without notice, suspend, restrict and/or terminate your Account, access, and/or use of the Website and Services.
3.3. If any User Information is untrue, inaccurate, out-of-date, or incomplete, or if GERAKI has reasonable grounds to suspect that such User Information is untrue, inaccurate, out-of-date, or incomplete, GERAKI has the right, at its sole discretion, to (i) request you to promptly update or correct such User Information; and/or (ii) immediately suspend, terminate and/or delete your Account and refuse providing current or future Services to you, including, without limitation, restricting your ability to access and/or participate in, or receive any Prizes (as defined below) due to your participation in Competitions.
3.4. GERAKI is not obliged to verify the User Information, the identity or authority of a person using your Account or Credentials, but GERAKI may, in its sole and absolute discretion, at any time require verification of the identity of a person seeking to access or use your Account and GERAKI’s Services and GERAKI may deny access to, use of, suspend and terminate your Account if GERAKI is not satisfied with such verification.
3.5. It is your responsibility to ensure the security of your Account, and that your Account’s Credentials are not compromised, shared with anyone, or mishandled. Any loss resulting from the unauthorized use of your Account’s Credentials is your responsibility alone. If you suspect that an unauthorized person has become aware of your Account’s Credentials, you must change your Credentials, and immediately contact GERAKI for assistance. GERAKI will not be responsible for any unauthorized use of your Account or the redemptions awarded of Prizes (as defined below) assigned to your Account.
4.1. To access and use the Services, you must first complete the registration process to create an Account, which may involve:
(a) registering unique Credentials;
(b) providing contact information, such as your name, phone number, email address, and delivery address;
(c) providing one or more Payment Method (as defined below) and billing information for Subscriptions (as defined below) or In-App Purchases; and
(d) providingGERAKI with any other information it requests on the Account registration form.
4.2. Your Account will be active after the completion of the registration process, subject to the acknowledgment methods and any other verification methods in place and undertaken by GERAKI, from time to time, for example sending acknowledgment emails on your Account’s activation from GERAKI to you, verification of your identity via email/phone number or verification of the Payment Methods (as defined below) (the Registration Date).
4.3. You may only register and use a single Account and may not use or access multiple Accounts.
5. In-app purchases and payments
You may be required to pay for certain services, including an exchange for Virtual Currency, a purchase of Virtual Goods, and upgrades. You must have a valid Account to pay for and participate in these services. You are responsible for all charges and usage on your Account, including applicable taxes, including all purchases made by you or anyone that uses your Account.
You may pay using the methods available for the particular services, including credit card, debit card, PayPal, or other similar payment accounts, and you agree to the terms and conditions applicable to each payment method you choose. When you provide credit card or other payment information, you represent that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen. We may use a third-party credit card updating service to obtain current expiration dates on credit cards provided by you. Customers who use a payment method other than a credit card may incur an additional payment processing fee.
7. Competition and Prizes
(a) GERAKI provides you with the opportunity to participate in Competitions through which you may compete online against other Account holders. Each Competition is subject to its separate set of conditions and rules in addition to the provisions of these Terms (the Competition Rules) that may be amended by GERAKI, from time to time, at GERAKI’s sole discretion.
(b) Participation in Competition may result in the receipt of prizes as may be set out in the Competition Rules (the Prize(s)).
(c) By signing up and/or participating in Competitions, you agree to comply with the Competition Rules.
(d) GERAKI reserves the right, in its sole and absolute discretion, to disqualify you from such Competition, refuse to award you Prizes and/or any other benefits, require the return of Prizes, and/or invalidate Competition results upon your breach or risk of breach of any Competition Rules, and/or abusive, improper, unfair, and/or potentially unlawful misconduct by yourself while using the Website and/or Services or that is in any way detrimental to other Account holders, GERAKI, and/or GERAKI Entities (as defined below). GERAKI’s decision shall be final and binding in this regard.
(e) GERAKI reserves the right, at its sole discretion, to cancel any Competition at any given time by providing sufficient notice to Account holders.
7.2 Type of Prizes awarded Competitions
(a) Prizes awarded as per the Competition rules may consist of cash, vouchers, tickets, items, virtual digital cards, and awarded points.
(b) Some Prizes may differ slightly from the images advertised and/or published on the Website or communicated to you by GERAKI by any means.
(c) Coins awarded may allow you to earn virtual items for use on the Website or Services in accordance with GERAKI’s coin collections system in place at any given time (Coins).
(d) Competition results and Prize awards, including guaranteed Prizes, are based on final statistics and scoring results once Competitions are completed in accordance with Competition Rules.
(e) Prizes are only awarded after results are reviewed, graded, and announced by GERAKI in accordance with the Competitions Rules (the Decision of Award).
(f) The Decision of Award may take up to 30 days from the completion of the relevant Competition.
(g) Your Account is not transferable to any other person or Account holder.
(h) Coins awarded may not be sold, traded, or sublicensed (including for monetary exchange or any other value) and are not transferable upon death by operation of the Applicable Law.
(i)GERAKI may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any Prize you are entitled to.
7.3. Prizes supplied by third parties
(a) Prizes, such as but not limited to, items, tickets, and vouchers, are subject to availability and stocks, as they may be limited. Such Prizes are subject to applicable terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties, and limitations of liability) of the Prizes’ suppliers and/or merchants.
(b) If a Prize is faulty or damaged, the supplier’s or merchant’s warranty will apply and you must revert to the relevant supplier or merchant for support and assistance. GERAKI will not hold any responsibility for any faulty or damaged Prizes.
(c) All conditions and warranties, whether expressed or implied and whether arising under the Applicable Law or otherwise, as to the condition, suitability, quality, fitness, and/or safety of any Prize supplied are expressly excluded to the full extent permitted by the Applicable Law. Any liability that cannot be fully excluded is limited, where permitted, to replacing, repairing, or crediting the value of the Prize are at GERAKI’s sole and absolute discretion.
7.4. Prize redemption and delivery
(a) After the Decision of Award, Prizes must be redeemed in accordance with the redemption procedure put in place by GERAKI, on its Website or app, at any given time, for security purposes and confirmation of the correct address of delivery (the Redemption Procedure). Additional security questions might be asked by GERAKI’s staff during the redemption procedure to ensure the identity of the Account holder and, where relevant, the delivery of awarded Prizes to the rightful Account holder.
(b) If a Prize is not redeemed by the rightful Account holder after a year from the Decision of Award, rights of the relevant Account holder with respect to such Prize will be deemed fortified.
(c) Tangible Prizes redeemed through the Website will be delivered directly, where relevant, to the address provided as part of the Redemption Procedure within 60 days from completion of the Redemption Procedure (the Date of Redemption) by the relevant Account Holder.
(d) Should GERAKI experience any difficulty in delivering any tangible Prize to the rightful Account holder, for reasons in its control, GERAKI reserves the right to give notice to the relevant Account holder for an extension of time for the relevant Prize’s delivery up to an additional 30 working days.
(e) Tangible Prizes which are redeemed and requested by the rightful Account holder and not claimed within six months after the Date of Redemption, will expire if the rightful Account holder is not reachable on the address provided as part of the Redemption Procedure.
(f) GERAKI will not be responsible for any delay, loss, theft, damage, for reasons beyond its control, in the course of the Prize’s delivery, or otherwise.
(g) Once a Prize has been delivered, picked up, or redeemed after the completion and in accordance with the information provided in the Redemption Procedure, it cannot be returned or exchanged for any other Prize.
8. Platform Malfunctions and Use of Website
8.1. Services may be changed, withdrawn, or terminated at any time, by GERAKI in its sole and absolute discretion, without notice. GERAKI will not be liable if, for any reason, all or any part of the Services is restricted or made unavailable at any time or for any period.
8.2. GERAKI hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use GERAKI’s Website and Services solely for the purpose of the use of Services. GERAKI may, from time to time, update or modify the Website and/or Services, release new versions of the Website and/or Services or create new modules related thereto, each of which may, at GERAKI’s sole and absolute discretion, be included within the license described above. Account-holders shall not be permitted to sub-license or transfer any of the Account holder’s rights hereunder including, without limitation, access to the Website, Mobile Application, and/or Services.
8.3. You may only use the Services from the Website for your personal use.
8.4. Except as explicitly set forth herein, neither GERAKI and its parents, subsidiaries, affiliates, related companies, directors, officers, employees, agents, other representatives, partners, and licensors (the GERAKI Entities), make any warranties of any kind, either expressed or implied, including, without limitation:
(a) warranties of merchantability or fitness for a particular purpose related to the use of Mobile Application, Website, Services, Competitions, and awarded Prizes;
(b) that the Application, Website, Services, and Competitions will be accurate, error-free, reliable, uninterrupted, that defects will be corrected, or that the Website, Services, Competitions or any related server are free of viruses or harmful components;
(c) completeness, accuracy, availability, timeliness, security or reliability of the Application, Website, Services, and Competitions;
(d) the functionality of the Application, Website, Services, and Competitions as intended at times;
(e) as to a minimum level of uptime for the Application, Website, Services, and Competitions; and/or
(f) as to the results that may be obtained by you by accepting these Terms and/or using the Application, Website, and Services.
8.5. You agree and acknowledge that the Application &Website is licensed and/or provided hereunder on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied conditions and warranties of fitness for a particular purpose to the extent permitted by the Applicable Law.
8.6. While it is GERAKI’s objective to make the Application &Website accessible at all times, the Website, Services, and/or Competitions may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Application &Website may operate slowly from time to time.
8.7. You understand and acknowledge that due to circumstances, within and outside the control of GERAKI, access to the Website, Services, and/or Competitions may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, GERAKI shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects of any delay or unavailability may have on you and/or your Account.
8.8. You agree and acknowledge that GERAKI shall not be liable for any damages arising from any such interruption, suspension, or termination of the Website, Services, and/or Competitions and that you shall put in place contingency plans to account for such periodic interruptions or suspensions.
8.9. You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of the Application &Website whether electronically, mechanically, or otherwise, in any form for any purpose not expressly permitted by the provisions of these Terms.
8.10. You shall use the Application &Website solely for its intended purposes and shall not use the Website and/or Services for the benefit of any third party.
8.11. You shall not violate or attempt to violate the security of the Application, Website, Services, and/or Competitions.
8.12. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Website, Services, and/or Competitions including, without limitation, any of the software comprising or in any way making up a part of the Website. In addition, you will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Website, Mobile Application, Services, and/or Competitions where such export or re-export is prohibited by Applicable Law and these Terms without appropriate licenses and clearances from GERAKI.
9. Suspension & Termination of Accounts
9.1. GERAKI reserves the right, on notifying you, at any time, to immediately disable or delete your Account, terminate, cancel or suspend your access to the Application, Website, Services, and/or any participation in Competitions, in addition to any other remedies it may have hereunder and/or at the Applicable Law, in its sole and absolute discretion, for any violation of any provisions of these Terms, and any of the following prohibited act:
(a) any fraud, deception, theft, and/or misconduct caused by your use of Account, Services, Competitions on the Website;
(b) the supply false or misleading information to GERAKI;
(c) abusive or offensive conduct towards any other Account holder and/or GERAKI’s staff, including the spamming and unauthorized collection of other Account holder’s User Information;
(d) collusion with others or engage in any type of syndicate play or use of single Account to participate in a Competition on behalf of others or any collaboration to effect the same;
(e) any violation of Competition Rules;
(f) use of automated/electronic means to interact with and/or abuse the Application, Website, Services, and/or Competitions;
(g) damage the Application, Website, Services, and/or Competitions in any way;
(h) any type of abuse of offers and promotions offered by GERAKI;
(i) tampering with the administration of a Competition in any way, and/or the security of the Application, Website, Services, and any Competition;
(j) take any action the infringes or violates GERAKI’s or a third party’s rights, violate Applicable Law, and/or breach any legal obligation towards GERAKI or any third party; and/or
(k) use or access the application, Website, or Services from any jurisdictions in which such use or access is illegal or impermissible; in the event, your account is disabled or deleted by GERAKI due to a violation of these Terms, you agree and acknowledge that your right to Services, any Prize redemption, and other benefits, or other items associated with the Account may be irrevocably lost and agree that you will release GERAKI of any liability of any nature in respect to the loss of the same.
9.2. GERAKI may immediately terminate or suspend your Account to protect you and others from identity theft or other fraudulent activity.
9.3. Access to the Application, Website, end of Subscription, and use of Service will terminate if:
(a) you provide written or electronic notice of a request for your Account’s deactivation or submit to GERAKI any related forms to that effect accessible on your Account page and/or the Website in place by GERAKI, from time to time, the effects of which are the following:
(i) GERAKI will contact you for information on the deactivation of your Account (Deactivation Support);
(ii) your Account may be deactivated after 30 days, or any other period communicated by GERAKI to you, after receiving the Deactivation Support (the Deactivation Period);
(iii) After the expiry of the Deactivation Period, you will no longer be entitled to access or use the Website, and Services and any active Subscriptions will be discontinued by GERAKI;
(iv) You may re-activate your Account by logging in into your Account before the expiry of the Deactivation Period, at such point in time your Account will be reactivated and in full functionality by GERAKI; and
(v) Where Article 9.1(a)(iv) applies and upon the reactivation of your Account, the days your Account was under deactivation will be deducted from the days remaining from any active Subscriptions that you paid for;
(b) GERAKI elects to immediately terminate your access to the Website, with or without notice, in accordance with the provisions of these Terms.
9.4. Subject to Article 16.6 and upon the deactivation of your Account, for any reason, your agreement with GERAKI under these Terms shall end. You shall no longer be entitled to access or use the Website and/or Services or any other non-public portions of the Website. In addition, you should redeem any Prizes or Points awarded before deactivating your Account or otherwise, such Prizes or Points will be canceled and fortified.
10. Data Protection and Confidentiality
10.1. GERAKIcollects, uses, and is responsible for certain personal information about you as further described herein.
10.2. For the purposes of this Article 10, Processing means the processing of User Information, whether or not by any automatic means, including collecting, recording, organizing, classifying into groups, storing, adapting, altering, retrieving, using, disclosing by transmission, dissemination, transference or otherwise making available for others, or combining, blocking, erasing or destructing such information.
10.3. GERAKI collects User Information related to you when you:
(a) access the Website& Mobile Application;
(b) register an Account;
(c) contact GERAKI and provide Feedback (as defined below);
(d) purchase products and/or Services via the Website& Mobile Application;
(e) post material to the Website& Mobile Application;
(f) complete customer surveys; or
(g) participate in Competitions.
10.4. GERAKI collects data related to you indirectly, such as your browsing activity while on the Website.
10.5. GERAKI collects User Information related to you, depending on the particular activity carried out on the Website. This User Information may include:
(a) your name, address, college, and contact details;
(b) date of birth;
(c) bank account and payment details;
(d) details of any Feedback (as defined below) you give GERAKI by phone, email, post, or via social media;
(e) information about the Services GERAKI provides to you; and
(f) your account details, such as username, login details.
10.6. GERAKI will use the User Information to:
(a) create and manage your Account with GERAKI;
(b) verify your identity;
(c) provide goods and Services to you;
(d) customize the platform and its content to your particular preferences;
(e) send marketing material to you in accordance with Article 11;
(f) notify you of any changes to the platform or Services that may affect you; and/or
(g) improve Services.
10.7. Any Processing by GERAKI will be undertaken with your consent unless the Processing is necessary for:
(a) the performance of these Terms;
(b) taking steps at your request to enter into these Terms;
(c) the compliance with any legal obligation, other than an obligation imposed by contractual obligations, and/or the compliance with Applicable Law, orders issued by any competent court, and/or requests of law enforcement authorities;
(d) protecting your vital interests or someone else’s life; and/or
(e) pursuing the legitimate interests of GERAKI or any third party to whom the User Information has been disclosed, in accordance with these Terms and/or Applicable Law, provided that it is not in conflict with your fundamental rights and freedoms.
10.8. GERAKI may transfer User Information outside India in accordance with circumstances allowable under the Personal Data Protection Law. In all cases, you hereby give your express consent to such transfer of data where deemed necessary or desirable by GERAKI.
10.9. GERAKI reserves the right to access, read, preserve, and disclose any information as GERAKI reasonably believe is necessary to:
(a) satisfy any Applicable Law, legal process, or governmental request;
(b) enforce the Terms, including investigation of potential violations hereof;
(c) detect, prevent, or otherwise address fraud, security, or technical issues;
(d) respond to Account holders support requests; and/or
(e) protect the rights, property, or safety of GERAKI, GERAKI Entities, its Account holders, and the public.
10.10. Under the GDPR Law, you have a number of important rights that you may exercise, free of charge, which include the following:
(a) fair Processing of information and transparency over how GERAKI use your personal information;
(b) access to your personal information and to certain other supplementary information that these Terms are already designed to address;
(c) requireGERAKI to correct any mistakes in your information that GERAKI hold;
(d) require the erasure, rectification, or blocking of personal information concerning you that GERAKI is Processing in certain situations;
(e) the request of information on personal information concerning you that GERAKI is Processing, in an understandable format and the form stipulated in the Personal Data Protection Law;
(f) object at any time to Processing of personal information concerning you for direct marketing;
(g) object in certain other situations, stipulated by the Personal Data Protection Law, to GERAKI’s continued Processing of your personal information;
(h) otherwise, restrict our processing of your personal information in certain circumstances; and
(i) complain about the supervisory authority in accordance with the GDPR Law.
10.11. If you would like to exercise any of your rights listed in Article 10.10, please email GERAKI with the relevant information, action required and provide your contact details.
10.12. After the deactivation of your Account, GERAKI will ensure that any retained User Information associated with your Account is kept in a form that does not permit your personal identification. Such retained User information will only be stored for a longer period for historical, statistical, or scientific use and shall be kept in anonymous form in accordance with the GDPR Law.
10.13. Throughout the Website, links to other websites owned and operated by certain third parties may (the Third Party Websites) exist. These Third-Party Websites may also gather information about you in accordance with their own terms and conditions. For privacy information and/or the separate terms and conditions relating to the Third Party Website, please consult their terms and conditions and/or privacy policies as appropriate.
10.14. You agree to treat as confidential all confidential information of GERAKI, not to use such confidential information for any purpose other than to the limited extent necessary to use the Website and Services, and not to disclose such confidential information to any third party except as may be reasonably required according to these Terms and/or Applicable Law and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, you shall use at least the same degree of care which other Account holders use to prevent the disclosure of the Account holder’s own confidential information of like importance to prevent the disclosure of confidential information disclosed by GERAKI, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
10.15. GERAKI welcomes any feedback, comments, suggestions, raised concerns in relation to the use of your User Information and/or any other matter (the Feedback) that you might have on the Platform and Services provided.
10.16. The feedback you may provide regarding GERAKI, and/or the Services is entirely voluntary and GERAKI will be free to use such Feedback as GERAKI see fit and without any obligation to you.
10.17. GERAKI shall not be subject to any obligation of confidentiality in relation to any submitted Feedback.
11.1. GERAKI would like to send you information regarding future Competitions and any additional features added to the Website, Services, special offers, and Prizes that may be of interest to you. By agreeing to these Terms, you hereby give your consent to being sent such information by GERAKI to you by push notifications, post, email, telephone, text message (SMS), or automated call.
11.2. If you have previously agreed to be contacted in this way, you can unsubscribe at any time by:
(a) using the ‘unsubscribe’ links in emails or ‘STOP’ number in texts or any other forms or procedure to effect the same, in place by GERAKI from time to time; or
(b) updating your marketing preferences on our Website;
11.3. It may take up to 10 working days for the withdrawal of the marketing subscription (as set out in Article 11.2) to take place.
12. Access and Conduct
12.1. You agree not to use the Services or Websites to:
(a) obtain or attempt to obtain unauthorized access to the Application Services, Website, and/or Competitions;
(b) make available any content that is harmful to Minors and/or other Account holders, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, inaccurate, unlawful, offensive, hateful, discriminatory, or otherwise objectionable;
(c) violate any Applicable Laws;
(d) falsely impersonate any person or entity;
(e) forge or manipulate headers or identifiers to disguise the origin of any content transmitted on the Website, through the Services and/or any email or posting to send altered, deceptive, or false source-identifying information;
(f) make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secrets, copyright, or other propriety rights of any person or entity;
(g) post content containing advertisements or other commercial solicitations without GERAKI’s prior written permission;
(h) spam, flood, overload and/or make available viruses, trojan horses, worms, time bombs, cancel bots or any other computer code, files, programs or content designated to interrupt, detrimentally interfere with, damage, destroy or limit the functionality of the Website, Services, and/or Competitions or affect other Account holders, User Information, and/or User Content (as defined below); and/or
(i) interfere with, disrupt, and/or tamper with the Application, Website, Services, server, systems, or networks connected to the Websites or Services in any way.
12.2.You shall not use the Website to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages, or other information:
(a) in violation of any Applicable Law;
(b) in a manner that will infringe the intellectual property rights of others;
(c) that is defamatory, obscene, or libelous;
(d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or User Information;
(e) that is false, misleading, or inaccurate in any way; and/or
(f) in violation of the any acceptable use policy or other policies posted by GERAKI on its Website from time to time.
13. Content on the Mobile Application, Website, and Services
13.1. The platform may allow you to post, share, exchange information or content, including but not limited to, imagines, texts, video, audios and the like, and other material (the User Content). You are responsible for your use, sharing, and provision of User Content, including compliance with the Applicable Law.
13.2. GERAKI does not screen, edit, or review such User Content before it is posted or transmitted. You should only provide User Content that you are comfortable with.
13.3. Any use or reliance on any User Content posted on the Website or obtained through the Services is at your risk.
13.4. All User Content is the sole responsibility of the Account holder, entity, person, third party who originated such content.
13.5. GERAKI reserves the right, in its sole discretion, to remove User Content that violates these Terms and the Applicable Law including but not limited to, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
13.6. By posting or transmitting User Content on the Website, you grant GERAKI a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable, license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, sublicense, transmit, create derivative works from, and distribute your User Content in any media or distribution methods now known or later developed, subject to these Terms, without any notice or compensation to you or any other person (the User Content License).
13.7. You agree that the User Content License includes the right for GERAKI to provide, promote, and improve the Services and to make User Content posted on the Website or submitted to or through the Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to these Terms.
13.8. You confirm, represent, and warrant to GERAKI that you have all the rights, power, consents, permissions, and authority necessary to grant the User Content License and that any User Content you submit to GERAKI or otherwise post on the Website is and shall be your own original work or work which you are authorized to supply to GERAKI.
13.9. GERAKI retains the right to create limits on use and storage at GERAKI’s sole discretion at any time. GERAKI may also remove or refuse to distribute any User Content on the Services, limit distribution or visibility of any User Content on the Website and/or Service, immediately suspend or terminate Users Accounts, and reclaim usernames without liability to you.
14. Intellectual Property
14.1. Notwithstanding any terms to the contrary, you expressly acknowledge and agree that you have no right, title, and/or ownership interest in any Account, and your Account is not your property.
14.2. GERAKI gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services and Website. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services provided by GERAKI, in the manner permitted by these Terms.
14.3. The content on the Website, including without limitation to, texts, software, code, scripts, graphics, rights in get-ups, typographic typefaces, graphic user interface, photos, collages, sounds, music, audio, videos, interactive content, and the like, online databases, copyright, patents, related rights and moral rights, trademarks, trade names, product names, service marks, logos, rights in domain names, social media handles, rights in the design, rights in the information and all other or equivalent rights subsisting now or in future in any part of the world in each case, whether registered or unregistered, and including all applications (the Intellectual Property), are owned by or licensed to GERAKI. The content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of GERAKI.
14.4. Nothing in the Terms gives you the right to use GERAKI’s Intellectual Property. All rights and interest in the Services (excluding others’ User Content) are and will remain the exclusive property of GERAKI and its licensors.
14.5. GERAKI reserves all rights, interests, titles not expressly granted in and to the Website and/or Services and the Intellectual Property.
14.6. You may download or print a hard copy of materials from the Website for your own personal use, as explicitly authorized by these Terms, but any copying or reproduction of these materials for commercial purposes without the permission of GERAKI is prohibited.
14.7. If you download or print a copy of any materials from the Website for personal use, in accordance with Article 14.6, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
14.8. The distribution, re-transmission, republication, modification, reverse engineering, sale, or other exploitation of the Website or any of the Services without the permission of GERAKI is prohibited.
14.9. All Intellectual Property rights, title, and interest owned by GERAKI and/or yourself on the date hereof shall continue to be owned solely by each party, and except as set forth herein, nothing in these Terms shall be deemed to confer any ownership rights to any such Intellectual Property on the other.
14.10. You acknowledge and agree that all worldwide rights, title, and interest in any third party software, products, and/or services (and any Intellectual Property rights therein) accessible on the Website or through the Services, subject to third party licenses, if any, are owned by such third parties.
14.11. If you provide Feedback, in accordance with Article 10.15, you grant GERAKI a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant GERAKI the right to use the name you submit with the Feedback, if any, in connection with GERAKI’s rights hereunder.
14.12. You represent, warrant, and covenant to GERAKI that your Feedback does not violate the privacy rights, intellectual property rights, personality rights, or any other rights, of any person and/or third party.
15. Limitation of Liability
15.1. GERAKI and any GERAKI Entities shall not, under any set of circumstances, be liable to you for any damage, loss to persons and/or property to the extent permitted by the Applicable Law, special, incidental, indirect, punitive, or consequential damages, including, but not limited to, lost profits or data, whether based in contract, negligence, tort, Applicable Law, even if advised of the possibility of such damages to the extent permitted by the Applicable Law, arising directly or indirectly, out of:
(a) acceptance or breach the provisions of these Terms by you or any other third party;
(b) your use or attempted use of, or inability to use, the Application, Website, and/or Services;
(c) participation in a Competition and acceptance of the Competition Rules;
(d) any errors or omission in the Application, Website, and Services’ technical operations;
(e) human errors and inaccurate or incorrect entry of information;
(f) postage delay of and delivery of due mail and Prizes;
(g) any User Content, third-party content or conduct on the Application, Services, and Website;
(h) any unauthorized access, use, or alteration of your User Content;
(i) omissions, interruptions, deletions or defects of any computer online systems, data, computer equipment, servers, providers, or software resulting from the accessing and/or using the Website, Services and/or participation in Competitions;
(j) theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind on the Website, Services, and/or Competitions;
(k) computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever related to the use of Website, Services, and participation in Competitions; and/or
(l) any action in connection with an investigation by GERAKI or law enforcement authorities in relation to the use of the Website and/or Services.
15.2. You shall defend and indemnify GERAKI, at your sole cost and expense, from and against any claims, damages, liabilities, and/or expenses made against GERAKI and/or any GERAKI Entities arising out of:
(a) any breach of your obligations, representations, and/or warranties outlined in these Terms and/or Competition Rules;
(b) any claims based on publicity rights, defamation, or invasion of privacy;
(c) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights;
(d) any use or attempted use of the Website and its Services or failure to take appropriate action where relevant; and/or
(e) your participation and conduct in Competitions and while using the Services and Website.
15.3. In addition, you hereby agree and acknowledge that:
(a) GERAKI shall not be responsible for any actions taken by any third party using the platform including but not limited to, Account holder’ actions or conduct, online or offline, or any User Content they share, including but not limited to offensive, inappropriate, obscene, mislabelled, inaccurate, deceptive, unlawful, and other objectional conduct and shared content;
(b) when you click on Third Party Websites, you will leave the platform and GERAKI has no control over such Third Party Websites;
(c) GERAKI does not assume any responsibility or liability over Third Party Websites, their contents, services, material, and/or products advertised, offered, made available, or performed, which remain in the sole responsibility of the owner and/or operator of such Third Party Websites;
(d) the terms and conditions and privacy policies and provisions of Third Party Websites may be different from those applicable under these Terms;
(e) GERAKI has no control over and does not recommend or endorse any Third Party Websites and others’ User Content, and that GERAKI does not make any representations, warranties, guarantees as to the completeness, truthfulness, security, accuracy, or reliability of whatsoever regarding any such Third Party Website and others’ User Content or opinions or supports and endorses the same;
(f) your use of Third Party Websites and others’ User Content or any material provided and/or posted on the Website by third parties other than GERAKI is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with any third party connected and/or accessible on GERAKI’s Website and/or Services ;
(g) GERAKI is not a party to any transaction between you and any third party, supplier, or business with which GERAKI has a business relationship, and as such, any disputes regarding purchases of products, services, software, and/or access to any Third Party Websites, receipt of Prizes supplied by the mentioned entities and/or any other aspect of any transaction or other commercial dealings is solely between you and such third party;
(h) GERAKI is not responsible for any other party’s compliance with the Applicable Laws.
(i) GERAKI shall not, under any set of circumstances, be responsible or liable for User Content posted by you, which may violate the Applicable Law and/or a third party’s intellectual property rights.
15.4. To the extent permitted by Applicable Law, GERAKI is not responsible for losses that were not foreseeable to you and GERAKI when these Terms were entered into.
15.5. GERAKI shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
15.6. In no event shall GERAKI and/or GERAKI Entities, be held liable for damages, loss, or cause of action that exceeds the total Subscription Fees paid by you to GERAKI for continued access and use of the Website and/or Services.
16. General Provisions
16.1. Any reference in Terms to ‘you’, ‘your’ or ‘yourself’ means the Account holder accessing GERAKI’s Website, registering an Account, using Services, and reading, understanding, acknowledging these Terms.
16.2. Headings inserted in these Terms are for convenience only and shall not affect the interpretation of the provisions of the Terms.
16.3. Except where explicitly provided otherwise herein, any notice required or permitted hereunder will be delivered to GERAKI, at the relevant address set out in Article 16.4, as follows (with notice deemed given as indicated): (i) by personal delivery when delivered personally; (ii) by established overnight courier upon written verification of receipt; (iii) by certified or registered mail, return receipt requested, upon verification of receipt; or (iv) by electronic delivery when receipt is confirmed.
16.4. Notices to be sent to GERAKI shall be at the following addresses (where applicable):
Email notices: support@Geraki.in.
16.5. GERAKI may give effective notice, as required hereunder, to you by: (i) email; (ii) by certified or registered mail, return receipt requested, upon verification of receipt; (iii) SMS to the applicable address or number you provide on your Account; or (iv) notice posted on GERAKI’s Website.
16.6. To fulfill their purpose, the following provisions will survive the termination of your Account and the end of this binding agreement between the Parties under these Terms:
(a) any warranties, representations, and acknowledgments you provide under these Terms, particularly in Articles 3.1, 3.2, 8.4, 8.5, 8.7; and
(b) Articles 10, 13 to 16.
16.7. Account holders may not, without the prior written consent of GERAKI, assign the provisions of these Terms, in whole or in part, either voluntarily or by operation of Applicable Law, and any attempt to do so will be a material default of these Terms and such assignment will be void. GERAKI may assign the provisions of these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent.
16.8.The provisions of these Terms are solely for the benefit of the Parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
16.9. The failure of either Party to exercise or enforce any of its rights under these Terms will not act as a waiver of subsequent breaches and the waiver of any breach will not act as a waiver of subsequent breaches.
16.10. If any provision of these Terms held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under by the Applicable Law and the other provisions of the Terms will remain in full force and effect.
16.11. You agree to provide such further documents or instruments, and take such further actions, reasonably requested by GERAKI, to effect the purposes of these Terms and carry out its provisions.
16.12. Neither party shall be liable to the other if such Party is prevented from performing any of its obligations under the Terms (excluding fee payment obligations) due to any cause beyond the Party’s reasonable control including, without limitation, an act of God, fire, flood, explosion, pandemics, epidemics, terrorism, war, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. The time for that party’s performance will be extended for the period of the delay or failure to perform due to such occurrence, except that you will not be excused from the payment of any sums of money owed by you to GERAKI provided prior to the force majeure event.
16.13. These Terms constitute the entire agreement between GERAKI and yourself with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby.
16.14. Any matter, claim or dispute, whether contractual or non-contractual, arising out of or in connection with these Terms, which cannot be settled amicably between the Parties, shall be subject to the exclusive jurisdiction of the courts of India, and you consent to such exclusive jurisdiction and waive any objection as to inconvenient forum.
COPYRIGHT © 2022 GERAKI