Terms of service
Games Knight is operated by Mridula Gupta and is located at 1st Floor, Warden House, Sir PM rd. Fort 400001 Mumbai, (hereinafter referred to as “Games Knight”).
These Terms and Conditions are for visitors who visit, use and interact with this website of Games Knight (“You” / “Visitors”). When a Visitor visits or transacts on this website, the Visitor shall be subject to the policies that are applicable to the website for such visits and transactions.
Definitions
- “Games Knight” shall mean Games Knight (1st Floor, Warden House, Sir PM rd. Fort 400001 Mumbai) and its affiliates.
- “Products” shall be the custom order novelty products that shall be created by Games Knight pursuant to orders placed with Games Knight and based on the specifications, photographs, details and plans provided by the Visitors.
- “Taxes” shall mean and include all taxes applicable under the prevailing legal regime.
- “T&C” shall mean these Terms and Conditions that are listed out herein and shall also include all future revisions, updates, changes, modifications etc.
- “You / Visitor” shall mean and include any person who visits the website and / or transacts on the same by placing an order with Games Knight for its Products.
- “Intellectual Property Rights” shall mean all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. Intellectual Property includes patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity; and other forms of intellectual or industrial property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, and any licenses and permission in connection therewith, in each and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
Terms of Use
- Your use of this website are governed by these T&C, including the applicable policies that are incorporated herein by way of reference. By visiting or transacting on this website, you enter into a binding legal agreement with Games Knight – details of which terms are contained hereunder.
- Subject to the terms, conditions, obligations, and understandings contained herein, Games Knight hereby provides the visitor, with a limited, non-exclusive non-transferable license to access and use this website. You may display the website on your internet browser exclusively for the purposes of browsing and / or purchasing the products listed on this website.
- The Visitor hereby agrees to pay all costs, charges, expenses, duties and all applicable taxes for all the Products purchased by the Visitor from Games Knight promptly and without any issues.
- The Visitor agrees to abide by all terms, conditions, obligations and covenants prescribed herein in these T&C, including any special warnings or instructions for access or use posted on this website.
- Games Knight keeps and reserves all rights to alter these T&C at any point of time, in its sole discretion, and without giving any notice to any Visitor, including terminating any of the rights granted by these T&C. If you continue to use this website thereafter, then such continuation of use of this website constitutes Your agreement to all amendments of the T&C.
- If a Visitor is a minor or of an unsound mind, then they are not eligible to enter into these T&C and thereby ineligible to visit or transact on this website.
- If a minor has registered with Games Knight, then Games Knight shall terminate their account if and when their legal incapacity to enter into agreements comes to Games Knight’s attention.
- Without limiting the generality of any other provision of these Terms and Conditions. If a Visitor defaults negligently or wilfully in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause Games Knight or its affiliates.
- Unless otherwise mentioned the products and services displayed on the Website is solely for the purpose of sale in India. The Website makes no express or implied representation of supply or sales outside the territory and jurisdiction of India. Any Visitors who are accessing this Website from locations outside the territory of India is at their own risk and discretion.
- The website is not responsible for sales, delivery or refunds for products and services displayed as such from locations/countries other than India which are in compliance to local laws for the time being in force.
- In order to continue usage of the website and to transact , the Visitor is bound to strictly adhere to the following rules of conduct and by usage of the services provided by us through this website including but not limited to, you will be subject to the terms and conditions, privacy policies and or any other conditions applicable to such services and shall be deemed to be incorporated in the terms and conditions as part and parcel of this agreement.
A Visitor will be deemed to be liable for fraudulent activities and / or loss of business for fraudulent reasons if:
- the information provided by the Visitor is misleading and false or,
- if the Visitor provides information of a third party or another Visitor, or,
- if the Visitor does not provide legitimate shipping address and postal address, or,
- if the Visitor orders in bulk at fake address/Email ID and personal information.
- if the Visitor tries to get refund for used products
- if the Visitor refuses to pay for the order
- if the Visitor returns the wrong product
- if the Visitor involves in snatch and run off with product
- If malpractice is used to place an order products and services offered and displayed by the Website or any other products and services related to Games Knight and its affiliates.
- The Website may cancel the order at any time if the Visitor does not meet the above mentioned criteria and cancel or block the Visitor from using the services and website permanently or until further notice.
- Games Knight reserve the right, but has no obligation, to monitor the materials posted on the Website.
- Games Knight shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
- Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Games Knight’s views.
- In no event shall Games Knight assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website.
- You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious or otherwise unlawful information.
- It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the website You acknowledge and agree that Games Knight is not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Visitor shall not engage in solicitation and advertisement of any other products or services including but not limited to, the Repeated requests for refund for fake/used/wrong product.
- The Visitor shall not, under any circumstances, use this website for any commercial use or for any use on behalf of any third party, except as explicitly permitted by Games Knight in in advance in writing.
- If a Visitor uses this website for any purpose other than the purpose provided for in here then Games Knight shall immediately revoke the license granted to the Visitor in this T&C without any notice to the Visitor.
- In order to enable Games Knight to use the information supplied by the Visitor, and to ensure that Games Knight is not violating any of your rights, You agree to grant Games Knight a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information.
- Games Knight will only use Your information in accordance with the T&C and Privacy Policy applicable to use of the Website.
- From time to time, You shall be responsible for providing information relating to the products or services if any proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects.
- You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- All products and services provided through the Website is on “as is” and “as available” basis. Games Knight and its affiliates do not represent any warranties express or implied except specified in writing.
- Games Knight does not guarantee that the Website will be available constantly or at all or that the information provided is true, accurate and not misleading.
- Games Knight and its affiliates disclaims any guarantee on the colour, size, shape, quality, finish, appearance and exactness of the products displayed and ordered by the Visitors.
- You agree and acknowledge to access this Website at your own risk and using your own reasonable prudent judgment before entering into any transactions on this website.
- You agree that all information submitted by you on this website, including without limitation, your contact details, payment details, correspondence address and all other information submitted shall be true and accurate.
- You agree to abide by all obligations and covenants prescribed herein in these T&C, including any special warnings or instructions for access or use posted on this website.
Warranties and Representations
- The Visitor warrants and represents that they are fully capable and legally permitted to enter into agreements enforceable inter alia in India.
- The Visitor warrants and represents that they shall act always in accordance with the law, custom and in good faith.
- The Visitor warrants and represents that they shall not make any change or alteration to this website or to any content or product or services that may appear herein and shall not impair the integrity or operation of this website in any way.
- In particular, all Visitors warrant and represent that all information submit on this site, including without limitation, their contact details, payment details, correspondence address and all other information submitted shall be true and accurate.
- The Visitor warrants and represents that they shall be bound by the terms and conditions, privacy policies and other conditions including but not limited to, which may be amended from time to time by usage of this Website.
- You as a visitor, agrees and confirm that you shall promptly deposit all costs, charges, expenses, duties and all applicable taxes for any and all the purchases made from Games Knight.
- The Visitor warrants and represents that they shall act always in accordance with the law, custom and in good faith. If a Visitor negligently or willfully defaults in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause Games Knight or its affiliates.
- The Visitor warrants and represents that they shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.
- Games Knight reserves the right to terminate access to any or all of the services and usages to Visitors effective immediately upon non-compliance of the this document. change / alter these T&C at anytime, in its sole discretion, and without giving any notice to any Visitor. Any continued use of the website thereafter by a Visitor constitutes the said Visitor’s agreement to all such changed T&C.
Intellectual Property Rights
- Games Knight is the owner / authorised agent of all the rights, interest and title, including but not limited to the intellectual property rights, including but not limited to trade marks, copyrights, trade secrets, know how, confidential information, etc in relation to this website, the contents of this website, the products displayed on this website and all other rights related to this website.
- The trademarks associated with Games Knight, including but not limited to the name, logo and other identification marks of Games Knight, are the exclusive property of Games Knight and no third party is authorised to make any use of the same without the written permission from Games Knight.
- Games Knight is the owner / authorised agent of all the rights, interest and title, including but not limited to the intellectual property rights, trade secrets, know how, confidential information, etc in relation to this website, the contents of this website, the products displayed on this website and all other rights related to this website.
- Subject to the covenants, obligations, and understandings herein, Games Knight hereby provides the Visitor with a limited, non-exclusive non-transferable license to access and use this website. The Visitor may display the website on their internet browser exclusively for the purposes of browsing and / or purchasing the products listed on this website.
- All material on the Website including logo, brand name, tags, images, audio clips, video clips, illustrations are protected by trademarks, copyrights and other intellectual property rights. The material on this Website is solely for your personal use and not for commercial use.
- Any infringement of the said intellectual property rights by Visitors or anyone who accesses this Website in the form of copy, reproduction, distribution, transmission via email or any other electronic means directly or indirectly will be prosecuted according to the appropriate laws in India for the time being in force.
- The Visitors are strictly advised not to infringe any of the intellectual property rights without the consent of the owner in writing.
- The Visitors are not allowed to alter, change, remodel, or copy or use the material on this Website for personal or commercial purposes or use it for other products and services without the consent of the owner.
- Any remuneration gained by use of the material monetary or otherwise is construed as commercial use for the purposes of this clause.
- The Visitor will retain ownership of any material uploaded, stored or transmitted while using our Website in the form of images, videos, text, audio clips. However, Games Knight shall retain the rights to use or reproduce any content stored/uploaded by You and You agree to grant Games Knight royalty free, irrevocably, unconditionally perpetually and worldwide rights to use your content for reasonable business purposes.
- Visitors shall refrain from uploading, reproducing, copying, transmitting advertising any or all content of third party and/or pass off as their own which is protected under intellectual property laws.
- All content posted or submitted by a Visitor to this website, including but not limited to any data, text, software, ideas, know-how, techniques, questions, graphics, images, reviews, comments, messages, suggestions ("Submissions") is and shall be treated as non-proprietary and non-confidential.
- Games Knight shall have a the royalty free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivatives from such Submissions, by any means and in any mode or manner. Games Knight shall also have full rights to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
- All Visitors agree and acknowledge that their Submissions will not be returned and Games Knight may use these Submissions without payment of any monetary or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
- Games Knight is not liable for any damages either punitive, incidental, special, consequential or any other damages including reasonable advocate’s fees arising out of disputes/disagreements arising out of Your misuse of third party’s intellectual property on our Website.
Restrictions
- You, the Visitor, shall not, under any circumstances, use this website for any commercial use or for any use on behalf of any third party, except as explicitly permitted by Games Knight in in advance in writing.
- If a Visitor uses this website for any purpose other than the purpose provided for in here, then Games Knight shall immediately revoke the license granted to the Visitor in this paragraph without any notice to the Visitor.
- No Visitor shall reproduce, distribute, display, sell, lease, translate, modify, reverse engineer, dismantle, decompile, or exploit this website or any part of it – including but not limited to the content and products mentioned on the website.
- No Visitor shall host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the Visitor does not have any right to.
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resources.
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- Transmits “junk mailing” or “chain letters” or unsolicited mass mailing or “spamming”.
- tries to gain unauthorized access or exceeds scope of authorized access to the Website or profile information, pictures, profiles, or tries to solicit personal data of other Visitors for commercial and other purposes.
- Shall create liability to Us or cause Us to lose(in part or whole) the services of our Internet Service Provider ISP’s or our suppliers.
- Provides any kind of information on illegal weapons, goods or activities and violating other Visitor’s privacy and/or creating or facilitating computer viruses.
- You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- No Visitor shall
- Illegally access data, or
- Attempt to investigate/ examine or test system vulnerabilities, or network or violates security or authentication procedures, or
- Attempt to interfere with the service for any Visitor, host or network, including, but not limited to, through means of overloading, "spamming", "bombing mail" or "blocking", spoofing the address of any TCP / IP packet or any part of the address information in any e-mail publication or newsgroup, or
- Taking any action in order to obtain goods that the visitor does not own, etc. Games Knight reserves its rights to refuse any and all services, cancel visitor accounts, and cancel any order(s),
If Games Knight becomes aware of any such violation / willful breach of any of these T&C by the Visitor and the Visitor shall be held entirely responsible and liable for any and all consequential losses and damages caused to Games Knight or its affiliates.
- You shall, at any and all times, ensure full compliance with the applicable provisions of the Indian IT laws and rules, as amended from time to time, and also any and all laws, rules and regulations, applicable to you.
- All content posted or submitted by a Visitor to this website, including but not limited to any data, text, software, ideas, know-how, techniques, questions, graphics, images, reviews, comments, messages, suggestions ("Submissions") is and shall be treated as non-proprietary and non-confidential.
- All Visitors are prohibited from uploading any data, photograph(s), content, or any other material to this website which
- would infringe the proprietary rights, including but not limited to intellectual property rights, of any third party;
- would be considered libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability; or
- includes any viruses, worms, trap doors, trojan horses, solicitations, bugs, or other harmful code or properties, chain mails, or spam.
- All Visitors are forbidden from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling or otherwise exploiting this website or any part of the website including but not limited to its contents and the products herein, without the express written permission of Games Knight.
- All Visitors agree and understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution for inter alia accessing data unlawfully or without consent, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any Visitor, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, taking any action in order to obtain goods to which the Visitor is not entitled, etc.
- You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
- You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these T&C to use any information obtained from the website in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to another person other than Games Knight.
- In order to protect our Visitors from such advertising or solicitation, reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which we deem appropriate in its sole discretion.
- You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
- In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Games Knight reserves all its rights to refuse any and all services, terminate accounts of the Visitor, cancel any orders at its sole discretion, if Games Knight becomes aware of any violation / breach of any terms of these Terms & Conditions by the Visitor.
- You shall not probe, scan or test the vulnerability of the Website or any network neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other Visitor of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- If a Visitor defaults negligently or willfully in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause Games Knight or its affiliates.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Games Knight or the brand name or domain name used by Us including the terms Games Knight Website, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Games Knight or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
- You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Games Knight’s systems or networks, or any systems or networks connected to Games Knight.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
- You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Games Knight on or through the Website or any service offered on or through the Website.
- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these T&C, or to solicit the performance of any illegal activity or other activity which infringes the rights of Games Knight and/or others.
Disclaimer
- This website is presented on an “as is” basis – while Games Knight has taken all reasonable and possible steps to ensure that the product descriptions and details are accurate - to the fullest extent permittable under law, Games Knight does not warrant that the product descriptions, details, information or other any other content available on this website would be completely error free and absolutely accurate, comprehensive, reliable or current.
- Games Knight makes no express or implied representations or warranties of any kind whatsoever in connection with these T&C or this website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- Games Knight is not responsible and/or liable for actions and inactions of the sellers and representations (either price or product description and/or any other product information) and warranties by sellers or manufacturers on the size, fit, quality, finish, appearance, colour of the products and services displayed and hereby disclaim any and all responsibility and liability thereof.
- Games Knight shall not be responsible or liable for any disputes arising in relation to the accuracy, sustainability, timelines, performance, completeness and safety or legality of any products and services displayed on our website. Though precautions are taken to eliminate any inaccuracies however, at no time there shall arise any claim, title or interest for the products and services displayed on this website.
- All products sold on the Website are governed by different State laws and Hence Games Knight is not liable for delay in delivery due to implications of different state laws.
- Games Knight and its affiliates are not responsible for any damages, punitive, incidental, special or consequential or any other damages arising out of loss for inability to use the products and services on the Website or for unauthorized access and/or altercation to Visitor’s data or breach of condition and/or warranties by the manufacturer’s products.
- Games Knight will not be held liable for Visitors’ inability to use the Website due to periodic maintenance or unplanned suspension.
- The Visitors agree that they are solely responsible for any loss of data or damage to their mobile or other devices on which the Visitor accessed the website due to downloading data from the website.
- Games Knight’s liability to the maximum extent under law is equal to the amount of the value of product or services purchased by you.
- Games Knight will not be liable for any dispute or disagreement arising between Visitors and/or between Visitors and third party.
Limitation of Liability
- All Visitors agree and acknowledge that Games Knight shall not be held liable or otherwise responsible, whether in contract, tort (including negligence) or otherwise, under any circumstances, for any
- Delays or interruptions to accessing this website
- Interruption of business;
- Data non-delivery, miss-delivery, corruption, destruction or other modification;
- Damages or losses incurred as a result of any interaction or dealing with any third party or off-website links on the website;
- Bugs, trojans, viruses, system failures or malfunctions that occur in connection with use of the site, including by way of any hyperlink to or from third party websites;
- Any inaccuracies or omissions in content or;
- Events beyond our reasonable control.
- To the extent permitted by law, Games Knight shall not be held liable or responsible for any sort of indirect damage – whether special, punitive, incidental, or consequential damages of any kind, including lost profit - related to the Visitors’ use of this website regardless of the form of action whether in contract, tort (including negligence) or otherwise.
- Further, the Visitors agree and acknowledge that in no event whatsoever, shall the maximum aggregate liability of Games Knight exceed Indian Rupees 2000 or the price of the products purchased from the website, whichever is lower.
Indemnity
- You agree to indemnify, defend and hold Games Knight harmless for any and all loss, damages or costs, fee (including reasonable attorneys' fees) as a direct result of any third party claim, action, or litigation, arbitration, demand resulting from any breach by the Visitor of these T&C.
- Further, all Visitors agree to indemnify Games Knight for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any use by the Visitor of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action of the Visitor which imposes an unreasonable burden or load on the infrastructure of Games Knight.
- Further, all Visitors agree to indemnify Games Knight and its affiliates against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the Visitor’s use of this website, or by any other person using the Visitor’s computer, of any intellectual property or other right of any person, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of the communications issued by the Visitor to Games Knight in any mode of communication.
Termination
- These T&C shall remain in effect and valid unless and until terminated by either Games Knight or the Visitor.
- Any Visitor can terminate these T&C at any time by discontinuing any further use of this website, provided that the Visitor deletes all materials downloaded or otherwise obtained from this website. However, any such termination shall not affect the Visitor’s obligation of completing the payment for any product purchased from / ordered from Games Knight.
- Any termination of these T&C would not affect the clauses here that by their very nature would survive the termination of these T&C, such as the provisions dealing with intellectual property, Visitor content, warranties and representations, clauses pertaining to indemnity, limitation of liability, etc.
- Games Knight may terminate these T&C, for any reason without limitation including those listed above. If Games Knight terminates these T&C with any Visitor, then the Visitor shall immediately comply with the termination notice, including, as applicable, by ceasing all use of this website.
Governing Law
- The law of India will govern theses T&C and all disputes arising in respect hereof shall be exclusively referred to the jurisdiction of Courts at Mumbai.
Dispute Resolution
- Any dispute regarding these T&C, including but not limited to any difference in interpretation or otherwise, between the Visitor and Games Knight shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto.
- The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.
- The seat and venue of arbitration shall be held in Mumbai. For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.
- Without any prejudice to the foregoing, Games Knight shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
Miscellaneous
- All Visitors agree and acknowledge that these T&C constitute the complete and exclusive agreement between Games Knight and these T&C supersede and govern all prior proposals, agreements, or other communications.
- Nothing contained in these T&C shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between Games Knight and the Visitor.
- Game Knight’s waiver of any Visitor’s obligation / responsibility and/ or failure to require the Visitor’s performance of any provision hereof shall not affect Games Knight’s right to require such performance at any time thereafter, nor shall any waiver by Games Knight of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- If provision of these T&C is held to be unenforceable or invalid under any applicable law or by any applicable arbitral award or court decision, then such unenforceability or invalidity of that provision(s) shall not render the remaining provisions of these T&C unenforceable or invalid as a whole and instead, the T&C shall be modified, to the extent possible, by treating the provision as of it was not a part of these T&C.
Contact
If there are any queries or concerns regarding these T&C, please get in touch with us at info@gamesknight.in
Grievance Officer
Mridula Gupta is the Grievance Officer for this website and they can be reached at mridula@gamesknight.in