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TERMS OF USE

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Please read the terms below carefully before using our website located at www.gametheory.in and / or the Game Theory application (collectively, “Platform”). Our Platform is operated and owned by Oodadu Technology Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at No. 9/3, B-704, Vaishnavi Nakshatra, Tumkur Road, Yeshwantpur, Bengaluru – 560022 (“we” / “us” / “Game Theory”). By accessing or using our Platform the user (“you” / “User”, which term, where the context so requires or permits, shall include your legal heirs, successors and assigns) accepts these terms of use along with the documents referred to in it (collectively, “Terms”) and agrees to comply with them. Your continued use of the Platform will constitute acceptance of these Terms, as revised from time to time. If you do not agree to these Terms you must not access the Platform, or avail any services from us.

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1. Terms are Subject to Change

We reserve the right to update or modify these Terms at any time without prior notice. Your access to, and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms as updated or modified. For this reason, we encourage you to review these Terms each time you access or use the Platform. These Terms govern all upgrades / updates of the Platform that replace and / or supplement the original version of the Platform.

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2. Competency to Contract

You represent and warrant that you are eligible to enter into a legally binding agreement and to be bound by these Terms. You will not access or use the Platform if you are not competent to contract under the laws of India.

If you are below the age of 18 (eighteen), you must access or use the Platform, through, or with the consent of your legal guardian / parent. We do not verify the age of our Users and nor do we have any liability for such verification or lack thereof.

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3. Purpose of the Platform

Game Theory is a service provider intending to elevate the sporting experience with its technology and services. Game Theory provides access to its sporting facilities allowing its customers to “pay and play” through the various plans and schemes available on the Platform. Game Theory also provides coaching services to its customers. Such services are provided both through its own facilities as well as its tie ups with various third parties. Using the Platform, Users can create their own profiles, book sporting facilities, track their scores through our smart wearable devices, record the audio and video of their game through our technology, analyse their performance through the statistics we generate, access our leader boards, share the media and data generated through social media, connect with other Users, redeem GameCoins for merchandise and other services, and avail coaching services from our professionals. The services offered may vary from time to time, based on viability and availability, and shall be offered at the sole discretion of Game Theory.

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4. How It Works

The use of the Platform begins with User registration. For the purposes of User registration, Game Theory may collect the User’s name, phone number, date of birth and email, among other essential details. Alternatively, such details may be shared with Game Theory by a third-party through whose platform or services the User has come to our Platform. You are hence advised to go through our Privacy Policy, and / or the privacy policy of such third-party before using the Platform.

Upon registration, you may browse our various services and facilities, as listed on the Platform and choose to make a booking. Such bookings can be made individually or by a group of people, based on the nature of service being availed. Payment for the booking can be made through the channels provided by our payment service provider.

You will then arrive at our facility where you have made the booking, and our representative will verify your identity. Alternatively, you may be required to check-in yourself and verify your identity through the technology installed at the premises.

You can then use the facilities and services availed. Some services and facilities may be technology enabled, that is, we may provide you with our smart wearables or allow you to connect your smart wearables to our technology allowing you to keep track of scores live, and monitor and compare with other Users data generated by such wearables including number of steps, calories burnt, etc. Audio and video recording of your use of the facilities may also be generated and shared with you and other Users using the facilities with you.

Your profile on the Platform shall contain statistics pertaining to your use of our facilities and services, including the number of games played, wins and losses, scores, etc. and may compare comparisons with other Users on the Platform. We may also generate such comparisons with respect to Users activity, that is, number of steps taken, calories burnt, etc.

By using or accessing the Platform, you grant us consent to access your phone book and smart wearable device, and to send you push notifications through the Platform.

By using GameCoins on the Platform, the User can pay for bookings. Alternatively, Game Theory may, at its discretion, choose to facilitate the purchase of goods and services through the Platform or payments to other Users through GameCoins.

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5. Payments, Cancellation and Refund

Game Theory earns its revenue through its service charge. Game Theory does not participate in the fund flow and utilises Razorpay or similar service providers for the purposes of payment aggregation and other payment services. The User is hence advised to familiarise himself / herself with the terms of such service provider before making payments on our Platform.

You might be required to provide your credit or debit card details to the payment service provider. In this regard, you agree to provide accurate details. You shall not use payment methods that are not lawfully owned by you. You are solely liable for the security and confidentiality of your payment details. We do not receive such payment details and expressly disclaim all liabilities that may arise as a consequence of unauthorised use of your payment methods.

Bookings once made cannot be re-scheduled, but may be cancelled. Upon cancellation of a booking or service, the refund may be directed back to source, or provided in the form of GameCoins, based on the User’s choice. It is hereby clarified, that if the User chooses GameCoins, he / she shall receive a 100% (one hundred percent) refund. If the User chooses a refund back to source he / she shall receive a refund of only 90% (ninety percent) of the consideration. This is to cater to the payment service provider charges and other ancillary expenses / losses faced by Game Theory due to the cancellation.

Please note that as per our policy, Game Theory shall not be liable to make any refunds for failure to use the facilities or services booked. In the rare event that Game Theory is unable to provide the services booked, we will strive to offer a suitable replacement.

If money has been deducted from a User’s payment method and the payment has not been reflected on the Platform, please contact us at hello@gametheory.in. Your payment will usually be reflected within 48-72 (forty eight to seventy-two) hours if the transaction is successful at the payment gateway. If your payment status is not updated in the given time frame, please contact your bank for further assistance. Game Theory shall not, in any manner whatsoever, be responsible for failures attributable to your bank or the payment service provider or their policies in this regard.

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6. Representations, Warranties and Covenants

The Platform can be used to avail services and facilities within select cities in India. Access to the services and facilities are available only to registered Users. We make no representations as to the Platform accessed or used in other cities. We have complied with the laws applicable in India to make the Platform and its content available to you and in the event the Platform is accessed from outside India or the cities we do not operate in, such access or use shall be entirely at your risk.

The User is aware of and in compliance with all applicable domestic and international laws, and will continue to be compliant as long as the User is accessing and / or using the Platform. This includes the Information Technology Act, 2000 and the rules made thereunder.

The User does not have any prior criminal conviction of any kind.

The User is under no contractual or other restrictions or obligations that are inconsistent with these Terms or that will interfere with the performance of its obligations under these Terms.

The User has, and will obtain in future, all government or other approvals necessary, if any, to use the Platform or the services / facilities.

Game Theory and the User have no agency, affiliation, association, endorsement or connection in any manner whatsoever. Users are not our employees, attendants, agents or representatives. We do not exercise supervisory powers or control over Users.

All information uploaded on or conveyed by a User through the Platform must be accurate, true and not misleading.

The User will not host, display, upload, modify, publish, transmit or share any information through the Platform that: (a) is unlawful, harassing, threatening, invasive, libellous, defamatory, or that would otherwise violate applicable law; (b) contains nudity, obscenity or sexually explicit content; (c) may disparage any ethnic, racial, sexual or religious group or is otherwise abusive or inflammatory; (d) depicts or promulgates the use of drugs; (e) contains offensive language or images; (f) incites violence or characterises violence as acceptable; (g) contains unsolicited promotions, political campaigning, advertising or solicitations; (h) contains private or personal information about another User or person; (i) contains corrupted data or other harmful, disruptive or destructive viruses, trojan horses, harmful code, denial-of-service attacks, packet or IP spoofing or other similar technology; (j) is in infringement of a third-party’s intellectual property rights; or (k) belongs to another person that you have no right to.

The User will not create multiple or duplicitous accounts. The User shall use the Platform only for personal use.

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7. User Guidelines

You will ensure that you comply with all prevailing and applicable laws, rules and regulations, and these Terms and our Privacy Policy while using the Platform and its features and Game Theory will not be liable in any manner whatsoever for any default by you in doing so.

You will not use the Platform in a manner that could damage, disable, overburden or impair our server or any network connected thereto, or interfere with any other person’s use and enjoyment of the Platform. You will not attempt to gain unauthorised access to any functions or features, other user accounts, computing systems or networks connected to any Game Theory server in any manner including through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means which is intentionally not made available through the Platform.

The Platform is made available to you for your own use, and you will not attempt to copy, reproduce, alter, modify, reverse engineer or create derivates of the Platform or allow third parties to do so.

You are responsible for any and all activities that occur in your account. You accept that any and all operations emanating from your device will be assumed to have been initiated by you. You agree to notify Game Theory immediately of any unauthorised use of your account or any other breach of security. Game Theory will not be liable for any loss to you or any third person owing to the negligent actions or failure on your part to inform Game Theory of any loss or theft of your device or any unauthorised access of your account within a reasonable time.

You will be liable for losses incurred by Game Theory or any other party due to a third-party’s use of the account. You will not use any other person’s account without the express permission of the account holder and Game Theory.

Game Theory will make all reasonable effort to ensure that your information is kept confidential. However, Game Theory will not be responsible for any disclosure or leakage of confidential information or loss or damage to the device due to theft, negligence or failure on your part to practice safe computing.

You understand and acknowledge that upon using the Platform you authorise us to access third-party sites when designated by you, on your behalf, to retrieve such information required to register the account requested by you. To this end, you grant us the power to do so and acknowledge and agree that when we access and retrieve information from third-party sites we are acting as your agent.

You also understand and acknowledge that third parties may provide Game Theory with your information, to enable your registration on, and your use of, the Platform. To this end, Game Theory disclaims all liability for the unauthorised or improper sharing of information by such third-party.

You will ensure that your use of the facilities and / or services shall be in accordance with the rules of the premises. You will handle all equipment, facilities, technology installations and other resources available at our facilities carefully, and shall not damage the same. You will be liable to replace or pay for any damaged equipment, facilities, technology installations and other resources, and Game Theory’s decision as to the existence of damage, and the extent thereof shall be final in this regard.

You will be required to carry your own equipment required for the particular sport, and any additional equipment provided by us or our third-party associates may be at additional charge.

You will conduct yourself in a reasonable manner while interacting with other persons at the facilities. You will not engage in rowdyism, harassment and altercations with such persons. You will be solely liable for any loss resulting to you or such other person from such conduct, and Game Theory expressly disclaims all liability arising to you or such person. Game Theory may, at any point, at its sole discretion, suspend or terminate your right to access or use the Platform, facilities and services if it believes that you have been or are likely to engage in such conduct.

Your engagement with other Users, and the sharing of facilities shall be at your sole risk. Game Theory shall not, in any manner, be liable for any losses incurred due to your sharing of the facilities with other Users, including financial losses, damage to your equipment or bodily injury.

If there are goods and services provided by third parties available on the Platform for purchase, the contract for the provision of goods / services will be exclusively between the respective User and the merchant / vendor agreeing to provide the goods / services. We are not privy to the said contract, and cannot be made a party to it, either explicitly or by implication. We do not store or maintain any inventory of goods / services. We do not guarantee that the engagements entered into by the User and the merchant / vendor through the Platform will result in successful rendering or receipt of goods / services, and we do not guarantee the execution or conclusion of such engagements.

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8. Other Conditions

All taxes and charges for the use of our services and facilities including the goods and services tax shall be borne by the User.

All information and material posted by the User on the Platform shall be posted at the sole risk of the User, and Game Theory will not be liable for the accuracy, reliability thereof or its compliance with applicable law.

Where the Platform facilitates Users to communicate directly with each other, Game Theory has no general duty to carry out surveillance or monitor such messages / communication. However, Game Theory may do so at its sole discretion so as to counter fraud and ensure compliance with these Terms and the User agrees to such monitoring.

All costs and expenses associated with goods and services being provided by third-party vendors / merchants on our Platform, shall be borne by the User / merchant / vendor in accordance with the agreement between them.

Game Theory will not be held liable whatsoever for the loss, deterioration, theft or loss of goods, or failure by the third-party service providers / vendors / merchants to deliver the good or perform the service in the manner agreed to. Game Theory may, in instances of dispute between a User and another User / third-party service provider / vendor / merchant, at its own discretion, use best efforts to facilitate the settlement of such dispute. However, Game Theory will not be made party to any such dispute.

Our Platform may contain links to third-party sites that are not operated by us. If you click on a third-party link, you may be redirected to such third-party’s site. We have no control over, and assume no responsibility for the content, privacy policy, terms of use or practices of a third-party site. We advise you to separately review the terms of use of every site you visit.

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9. Intellectual Property

We may, in our sole discretion, permit you to upload, publish or post information, material and content (“User Content”) on the Platform. By doing so, you grant us an irrevocable, worldwide, perpetual, non-exclusive, transferable, royalty-free licence along with the right to sub-licence, modify, distribute, use, adapt, copy and otherwise exploit User Content.

All the content on the Platform, including, amongst other things, the page headers, images, illustrations, graphics, audio clips, video clips, text, trademarks and trade names (“Service Content”) constitute our and our licensors’ intellectual property. Intellectual property rights laws including copyright laws in all applicable jurisdictions protect the Platform and the Service Content.

You may access the Platform, avail its features and facilities, and utilise the Service Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display or commercially exploit the Service Content, features or facilities, directly or indirectly, without our prior written permission.

We and our partners are the sole owners of the underlying software and source code associated with the Platform and all trademarks, copyright and any other intellectual property rights of any nature in the Platform.

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10. User Account, Password and Security

You have the option to set a security password when registering yourself on the Platform. You are responsible for maintain the confidentiality of the password and the account. You agree to immediately notify us of any unauthorised use of your password or account or any other suspected or actual breach of security, and you will ensure that you log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge that the deletion of the Platform from your device does not constitute termination of your account, and you have to undertake the process of de-registration. You will have to provide Game Theory a written request to have your name and other details removed from our records.

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11. Customer Communications and Marketing

By accepting these Terms, you consent to be contacted by us, our agents, representatives, partners, affiliates, third party service providers, merchants, vendors or anyone contacting you on our behalf, and other Users that you engage with on the Platform, at any contact number or address provided by you while registering with us. You agree to us contacting you in any manner including SMS, calls, emails, automatic texting and notifications via the Platform. Such consent extends to communications for marketing and promotion.

You acknowledge and accept that we may use the information, details and material that you provide to us on our social media and for the purposes of marketing.

You certify, warrant and represent that the contact details and any other information you have provided to us are your own and not someone else’s and that they are true, accurate, current and complete. You agree to notify us when you stop using a particular contact number or address.

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12. Indemnification

You agree to protect, defend and indemnify us and hold us and our officers, directors, employees, shareholders, agents, representatives and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your access and / or use of the Platform in violation of these Terms, or your infringement of any intellectual property rights in the course of such access or use. The terms of this provision survive the termination of these Terms.

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13. Disclaimers

The Platform and our services and their features are provided on an “as is” basis. We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Game Theory will make reasonable efforts to make available the Platform at all times. However, we make no warranty that they will meet your requirements, be uninterrupted, timely, secure or error free.

The User must take all reasonable precautions while engaging with other Users contacted through the Platform. Game Theory will not be liable for any resulting loss, damage or other incidents that may occur.

The User must take all reasonable precautions while engaging with merchants / vendors on the Platform. Game Theory will not be liable for any resulting loss, damage or other incidents that may occur. You are advised to examine the goods / service thoroughly to determine its suitability to your use case.

The wearable devices are purchased from third parties who manufacture the devices. Game Theory shall not, in any manner, be liable for your use of the wearable device or any resultant harm caused to you therefrom. Any claims you may have for defects in the devices, shall lie solely against the manufacturer of the device.

While Game Theory strives to ensure a good user experience and the accuracy of all statistics, analysis and information generated by Game Theory through your use of the facilities, such information is generated through the use of technology and may not be 100% (one hundred percent) accurate or reliable. Game Theory hereby disclaims all liability for the inaccuracy of such statistics, analysis and information.

You are advised to exercise discretion while using our facilities. Please familiarise yourself with the facility and proper means of usage prior to use. We hereby expressly disclaim any damages / losses you may suffer due to physical injuries or bodily harm you incur while using our facilities. The liability, if any, shall be that of the provider of the facilities, in case of third-party facilities, and where the facilities or premises is owned by us, Game Theory’s liability shall be limited only to the extent that it is proven that there was a defect in the facilities resulting in the injury or bodily harm.

Game Theory does not determine the prices, taxes, fees or duties applicable on goods or services provided by third parties / vendors / merchants.

Game Theory does not provide insurance in any form or manner for the use of the Platform, or facilities, goods and services provided therein.

Game Theory bears no responsibility in case of losses caused to Users due to failures attributable to the payment service provider.

Game Theory will not be liable for the loss or damage to confidential information or data of the User arising as a result of an event or a series of related events that is beyond the control of Game Theory including waivers or problems with the internet, attempted hacker attacks, hacker attacks, denial or service attacks, virus or malicious software attacks or infections and other events of like nature.

Any services or features availed through the Platform is done at your own discretion and risk, and you are solely responsible for any damage that results therefrom. We are not liable for, among other things, any actions or inactions of other Users / third-party service providers / vendors / merchants nor any deficiency in services, defects in goods, fraud, misrepresentation, misconduct, breach of conditions, representations or warranties by such parties, and we expressly disclaim all liability in this regard. No advice or information, whether oral or written, obtained by you from us, creates any warranty not expressly stated in these Terms.

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14. Limitation of Liability

To the maximum extent allowed by law, you acknowledge and agree that the entire risk arising out of your access to and use of the Platform and any relationship arising therefrom between you and Game Theory / vendors / merchants or among Users remains with you.

In no event will Game Theory or its subsidiaries, affiliates, officers, directors, investors, employees, partners, agents or licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any loss or damages whatsoever based on contract, tort, negligence, strict liability or otherwise including damages for loss of use, data or profits, unauthorised access to, or alteration of your data, transactions and engagements that you undertake or your inability to use the Platform, or any other loss arising out of or in any way connected with the access, use or performance of the Platform or its features including interruptions, delays, etc. even if Game Theory was advised of the possibility of damages. This clause will survive the termination of these Terms.

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15. Termination

Game Theory may suspend or terminate your use of the Platform for any reason whatsoever and at any time, with or without giving notice of the suspension or termination to you. Upon such suspension or termination, any rights granted to you with regard to the Platform will stand terminated, and you must cease using it.

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16. Updates

Game Theory reserves the right to update the Platform, in order to, amongst other things, increase efficiency, optimise user interface and add new facilities from time to time. Update packages may be sent to your device for download and installation. You agree to install the updates from time to time and acknowledge that Game Theory will only be able to provide account support for the Platform if you ensure to install all updates upon receiving a notification for the same.

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17. Independence from Platforms

The Platform is independent of any application store or platform on which it is located. It is not associated, affiliated, sponsored, endorsed or in any way linked to any application store or platform operator. Your downloading, installation, access to or use of the Platform is also bound by the terms and conditions of the application store or platform operator which you are advised to familiarise yourself with.

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18. Remedies

The rights, powers, privileges and remedies provided under these Terms are cumulative and not exclusive of rights, powers, privileges or remedies provided by applicable law. These Terms do not prevent Game Theory from enforcing its rights under applicable law. Game Theory, in addition to other remedies available to it, is entitled to seek (i) a decree or order of specific performance to enforce the observance of the Terms and / or (ii) an injunction restraining a breach or threatened breach of the Terms.

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19. Severability

If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws such provision will be replaced with another which is not unenforceable or prohibited and which as far as possible has the same legal and commercial effect as that which it replaces. Further, the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.

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20. Waiver

Any failure on part of Game Theory to require performance of any provision of these Terms will not affect its right to full performance of such provision at any time thereafter, and any waiver by Game Theory of a breach of any provision of these Terms will not constitute a waiver of a similar breach in the future or any other breach.

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21. Entire Agreement

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding their subject matter.

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22. Assignment

You will not assign or transfer any rights, obligations or privileges you have under these Terms without the prior written consent of Game Theory. These Terms are binding on the successors and permitted assigns of both parties. Any assignment or transfer in violation of this clause will be deemed void.

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23. Headings

All headings used in these Terms are for convenience only and shall not be used to limit or interpret the Terms.

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24. Validity of Terms

These Terms apply when you access or use our Platform and will remain valid for as long as you continue to do so. Obligations that expressly are intended, or by their nature would be reasonably understood to survive the termination of your access / usage of the Platform, shall survive for such period as is customary or reasonable.

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25. Arbitration, Governing Law and Jurisdiction

These Terms and the Privacy Policy will be governed and construed in accordance with the laws of India. By using our Platform, you irrevocably consent to the reference of all disputes that arise out of or in relation to your access to and / or use of the Platform to an arbitral tribunal comprising of a sole arbitrator mutually appointed by Game Theory. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996 and the rules framed under it. The venue, place and seat of the arbitration will be Bengaluru, India and the language of the arbitration proceedings will be English. The award rendered will be in writing, with the reasons for the decision. The award will allocate or apportion the costs of the arbitration as the arbitral tribunal considers fair. The award made will be final and binding on the parties thereto. Subject to arbitration as described above, you irrevocably consent to the exclusive jurisdiction and venue of courts in Benglauru, India, in the event of such a dispute.

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26. Grievance Redressal

In case of any grievance, you may address such grievance to our Grievance Officer. The contact details of the officer are:

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Email ID: hello@gametheory.in

Phone Number: +91 81978 97462

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27. Contacting Us

Email ID: hello@gametheory.in

Phone Number: +91 81978 97462

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