Brainheaters Terms & policies
Terms & Policy
Last Updated: 31 December 2020
AGREEMENT TO TERMS
The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution use would be contrary to law or regulations or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, We reserve all rights not expressly granted to you in and to the site, the Content, and the Marks.
If you provide any information that is true, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Site (or any portion thereof).
You may be required to register with the SIte. You agree to keep your password confidential and will be for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to :
Systematically retrieve the data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the site in a manner inconsistent with any applicable laws or regulations.
Use the site to advertise or offer to sell goods and services.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username/account of another user.
Sell or otherwise transfer your profile.
Upload or transmit (or attempt to upload or to transmit) any material that acts as passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”). 1x1 pixels, web bugs, cookies, or other similar devices(sometimes referred to as “spyware” or “passive collection mechanism” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you,
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitations, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use of the site as a part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use your community on website and over social networks (WhatsApp, Facebook, Instagram) to collect information, email, contact, username, of users for the purpose of sending promotional ads or content.
Taking screenshots, copying and sharing the content of whole, part of the website without any written permission.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other functionality and may provide with the opportunity to create submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material(collectively, “Contributions”). Contributions may be viewable by other users of the site and through third party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
Your contributions are not false, inaccurate or misleading.
Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your contributions are not obscene, lewd, lascivious, filthy violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your contributions do not violate any applicable law, regulation, or rule.
Your contributions do not violate the privacy or publicity rights of any third party.
Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your contributions do not any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or part), and distribute such Contributions (including without limitation, your image, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distributions may occur in any media formats and through any media channels.
This license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the rights, in our sole and absolute discretions, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR PREVIEW
We may provide you areas on the site to leave reviews or ratings. When posting a review, you must comply with the following criteria : (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not take any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you must not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
As part of the functionality of the SIte, you may link your account with online accounts you have with third-party service providers (each such account, a “Third Party Account'') by either: (1) providing your third Account login information through the Site; or (2) allowing us to access your Third-Party Account, as it is permitted under the applicable terms and conditions that govern your use of Third Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account (the “Social Network Content”) so that it is available on and through Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with Third-party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social network Content may no longer be available on and through the site. You will have the ability to disable the connection between your account on the SIte and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PART SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that becomes associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
We allow advertisers to display their advertisements and other information after a written permission in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a take or borrowed name, or the name of the third-party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATION AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
These Terms shall be governed by and defined following the laws by Indian Laws system. Brainheaters and yourself irrevocably consent that the courts of state in India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the India courts. Brainheaters shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including description, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without any prior notice.
The site is provided on an as-is as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever. Resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, (7) books, pdfs, submitted and circulated by our users, and uploaded on site. Any hyperlinked website, or any website or mobile featured in any banner or other advertising, and we will not be a party or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services, as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. If any of the 3p content/our product content you found infringing your copyrights you are responsible to submit a proof of original content and we shall remove content on complete verification.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, punitive damages, including lost profit, lost revenue, loss of data. Or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and complete online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANO RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or any other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
RETURNS, TRANSFERS & REFUNDS
We do not provide refunds, For defective or damaged products, please contact us at the customer service number below. On purchase of a wrong pricing plan you can notify us via email/text/social-media after verification we will transfer your plan. It will be a one-time transfer provided you notify within 24 hours of your purchase. All the other cases of Returns/Refunds will be discussed, verified with team Brainheaters, and resolved. We hold the rights completely to deny/accept a refund/return after a systematic verification process.
You can cancel your Premium/Smart Plan (monthly) at any time within the first 24 hours and receive a full refund. Cancellation of Premium/Smart plan (life time/till graduate) will result into no refund we will cancel your subscriptions upon request manually. You will not see any more membership charges unless you restart your account. If you cancel with time left (monthly plan) in your billing period, we'll let you access until the account cancels automatically. If you request to cancel life time/till you graduate plan we will cancel the plan without any refunds. Note: Transfers are eligible on all plans - read returns, transfers and refund section above.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
A/304 RituRaj, Om Sai Complex
Bhayandar (W), Mumbai 401101