General Terms and Conditions
Last updated February 13, 2025
These general terms and conditions of use (the “T&Cs”) set forth the terms and conditions for use of the website gamesmith.in (“Website”), owned and operated by Gamesmith Interactive LLP (“Gamesmith”), a Limited Liability Partnership registered under the Ministry of Corporate Affairs - Government of India, has its registered office located at 1, Brick Fort, Tripunithura, 682301 Kochi - India, registered under number ACI-7150.
This website aims to present Gamesmith’s activities consisting in developing and publishing mobile video games (“Games”) and applications (“Apps”) to be played and used by individuals (“Users”).
Acceptance of T&Cs
By accessing the Website, you accept and agree to comply with these T&Cs and all applicable laws and regulations.
Modification of T&Cs
Gamesmith may revise these T&Cs from time to time. The most current version of the T&Cs will always be available on the Website. By continuing to access the Website after changes become effective, you agree to be bound by the revised T&Cs.
Intellectual Property
The Website is the sole and exclusive property of Gamesmith. All graphics, software, text, logos, images, videos, audios and other distinctive signs contained in the Website as well as the Games and the Applications referred to in the Website (the “Intellectual Property”) are owned by Gamesmith or its licensed partners.
You hereby expressly undertake by any means whatsoever, in any form whatsoever and on any medium whatsoever, in any manner whatsoever, directly or indirectly, not to :
- harm the Intellectual Property Rights of Gamesmith and/or Licensed Partners,
- misuse any of the Intellectual Property,
- copy, modify, reproduce, create derivative works, publicly display, or distribute any part of the Intellectual Property and the Website,
- reverse engineer, decompile, or disassemble any software, Games and/or Apps published by Gamesmith or its Licensed Partners,
without prior written consent from Gamesmith.
Personal data
Pursuant to applicable data protection laws, including the Digital Personal Data Protection Act (DPDPA), 2023, the processing of personal data collected directly or via cookies from Website users by Gamesmith is governed by a Data Confidentiality and Privacy Policy, which can be consulted here.
Gamesmith has appointed a Data Protection Officer (DPO) in accordance with Indian data protection regulations.
As per the DPDPA, 2023, you have the right to:
- Access, correct, and erase your personal data.
- Withdraw consent to data processing.
- Grievance redressal in case of non-compliance.
If you are a resident of the European Union (EU), and your data is processed by us, you may also have rights under the General Data Protection Regulation (GDPR), including data portability and objection to processing.
If you are a resident of California or other U.S. states with privacy laws, you may have the right to know what personal data we collect about you, request deletion of your personal data, opt out of the sale or sharing of your data, and not be discriminated against for exercising your privacy rights.
For users in other countries, if your country has specific data protection laws, we will comply with them to the extent required. You may request access, correction, or deletion of your personal data by contacting us.
To exercise these rights or for any privacy-related concerns, please contact us via email at: dpo@gamesmith.in
Cookies
Gamesmith believes that it is important to inform you in a clear and transparent manner about the use of cookies and other trackers present on the website.
What is a cookie?
Cookies and other trackers (hereinafter "Cookies") are technologies that store or retrieve information relating to your browser or terminal (computer, mobile phone, tablet, etc.). Cookies are generally used by websites, emails, software or mobile applications.
Cookies do not allow you to be identified by name, but only to identify the terminal used. Thus, Cookies only collect information related to your browsing in order to recognise your device during a subsequent browsing or to save your preferences.
You may, at any time, refuse or accept the use of Cookies on the Site:
- either via the cookie banner accessible when you first access the Site;
- or by configuring your browser by following the instructions indicated in Article 4 of this policy.
If you have any questions, you can contact us directly by sending an e-mail to dpo@gamesmith.in
What cookies are used on this site and how do I set them?
Gamesmith uses Analytical Cookies (or Audience Measurement Cookies) to improve the Site by collecting information about how you use it. This information is stored in aggregate form or in the form of generalized statistics.
Gamesmith uses the following analytical cookies:
Name: Google Analytics | Operator: Google | Purpose: Audience measurement
Which third-party companies place cookies on the site?
As mentioned above, the Site uses third-party Cookies from the following companies:
Google Analytics : https://support.google.com/analytics/answer/6004245
In this context, Gamesmith acts as a joint data controller for the collection and transmission of data to these third-party companies, but only to the extent technically necessary. Beyond the collection and technical transmission, Gamesmith has no control over the Cookies of these third-party companies. In particular, Gamesmith is in no way responsible for the sharing, posting, commenting or any other processing activity carried out by these third-party companies.
Therefore, we recommend that you consult the personal data protection policies, as well as the terms and conditions of these third-party companies available on their respective websites before accepting the deposit of the Cookies concerned.
How can you configure your browser to refuse the use of cookies?
Most browsers accept cookies by default. However, you can configure your browser in such a way that Cookies cannot be stored on your device.
You can also set your browser to notify you each time you request to place Cookies, refuse all Cookies, or allow only certain categories of Cookies to be placed. If you refuse Cookies, you can still use the Site, but you may not be able to use all the features of the Site.
Depending on the browser you are using, you should follow the instructions available on the sites listed below:
For more information, please see our Privacy Policy.
Hypertext links
The Website includes hypertext links to websites edited and/or managed by third parties. Insofar as no control is exercised over these external resources by Gamesmith, you acknowledge that Gamesmith does not accept any liability pertaining to provision of these resources, and may not be held liable as to their content.
Liability and force majeure
The Website is accessible online 24/7, aside for in any case of force majeure, any event outside the control of Gamesmith and/or the Website host, and any breakdowns or maintenance required for proper operation of the Website. These will not lead to any compensation. You confirm that you are aware and accept the characteristics and limits of information transfer online, as well as costs pertaining to connection to the internet.
Gamesmith expressly reserves the right, without compensation, to amend the Website in whole or in part at any time as well as its presentation or medium and to interrupt update of the Website. The liability of Gamesmith may under no circumstances be incurred for any damages whatsoever suffered by yourself or any third party, resulting directly or indirectly from access and use of the Website.
In all instances, the liability of Gamesmith, in such instance as it is incurred, will be limited to the direct prejudice suffered with the exclusion of any indirect prejudice, of any nature whatsoever, such as notably loss of data, loss of opportunities, of profits or operation, or any other financial loss resulting from use or impossibility to use the Website.
Applicable law
These T&Cs are governed by the laws of India. Any dispute arising under or in connection with these T&Cs shall be subject to the exclusive jurisdiction of the courts located in Kochi, India.