Terms of Use

Brainwiz Online Terms of Use

General

These Terms & Conditions of use (“ToU”) of (a) our website www.brainwiz.online or ancillary or other products and services in (“Services”) or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device, are between Brainwizard Solutions Private Limited (“Brainwiz/Company/We/Us/Our”) and its users (“User/You/Your”).

These ToU constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

Please read the ToU and the privacy policy of Brainwiz (“Privacy Policy”) carefully prior to the availing of Services. In the event of any discrepancy between the ToU and any other policies with respect to our Services, the provisions of the ToU shall prevail.

Your use/access/browsing of the Website or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the ToU to be legally bound by the same. If You do not agree with the ToU or the Privacy Policy, please do not access the Website. Any access to our Services through registrations/subscription is non-transferable.

1.

Except as mentioned below, all information, content, material, intellectual property rights, including but not limited to the software, text, images, graphics, video, script and audio, accessed on the Website or while availing the Services, are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on the Website shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to You. You may own the medium on which the Proprietary Information, content or materials resides, but the Company shall at all times retain full and complete title to the Proprietary Information, made available by the Company on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You recognize and acknoweldge that the ownership of all intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.

2.

Your use of the Website or Services is solely for Your personal and non-commercial use. Any use of the Website or Services for any purpose other than for personal purposes is prohibited. Your personal and non-commercial use of this Website/ our Services shall be subjected to the following restrictions:

i.

You may not decompile, reverse engineer, or disassemble the contents of the Website /or Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and/or Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website and/or Services/products.

ii.

No User shall be permitted to perform any of the following prohibited activities while accessing the Website or availing Services:

  1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
  3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  4. Interfering with any other person’s use or enjoyment of the Website/Services;
  5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
  6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
  7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  8. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other users without their consent;
  9. Access or use the Website/Services in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
  10. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website/Services, violate any requirements, procedures, policies or regulations of networks connected to the Website/Services, or engage in any activity prohibited by these ToU;
  11. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services or any affiliated or linked sites;
  12. Interfere with, or inhibit any user from using and enjoying access to the Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website/Services;
  13. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website/Services, to access, acquire, copy or monitor any portion of the Website/Services, or in any way reproduce or circumvent the navigational structure or presentation Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website/Services;
  14. Alter or modify any part of the Services;
  15. Use the Services for purposes that are not permitted by: (i) these ToU; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
  16. Violate any of the terms specified under the ToU for the use of Website/Services.

3.

By submitting content on our Website (“Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available on the Website. If you delete your user account your Material and name may remain available through the Services

4.

In the preparation of the Website/Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be available on the Website. Any feedback from User is most welcome to make the Website and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Website. You acknowledge that such information and materials may contain inaccuracies or errors and express exclusion of liability for any such inaccuracies or errors is hereby made.

5.

Certain contents on the Website may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

6.

The Company may, based on any form of access to the Website (including free download/trials) or Services or registrations through any source whatsoever, contact the You through sms, email, whatsapp and call, to give information about its products as well as notifications on various updates and/or to seek permission for demonstration of its products. The user expressly grants such permission to contact him/her through telephone, sms, e-mail, whatsapp and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the user’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to the Company, its employees/ associates/ partners/ interns so that you may be contacted for education information and promotions through telephone, sms, email, whatsapp etc.

7.

The company may conduct competitions from time to time and you agree to allow the Company to use the submissions by you including but not limited to videos, written content, craft work etc., for promotional purposes. All rights will be reserved by the Company for usage of such submissions by you. You additionally permit the company to use every kind of information submitted by you like photos, videos etc., for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to the Company.

8.

The Website is compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Website. The Company reserves the right to upgrade the table/ type of compatible devices as required from time to time.

9.

The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of the Website.

10.

You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

11.

You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the ToU, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the Website or use Services at any time.

12.

Persons who are “competent” to contract within the meaning of the Indian Contract Act, 1872 shall be eligible to register on the Website or avail Our Services. If a minor intends to use Website or Services, such use shall be made available to the minor by his/her legal guardian or parents, who have agreed to be bound by our Privacy Policy and these ToU. In the event a minor accesses/ uses the Website/Services, it is assumed that such use is made available to the minor by the legal guardian or parents. By using the Website/Services You warrant that all the data provided by You is accurate and complete and any minor using the Website/Services has obtained the consent of parent/legal guardian. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. The Company will not be responsible for any consequence that arises as a result of unauthorised use of Our Website or Services.

13.

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Website/Services; (ii) Your violation of any term of these ToU Privacy Policy or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these ToU.

14.

In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website.

15.

In the event of Your breach of these ToU, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

16.

Any violation by You of the ToU may result in immediate suspension or termination of Your accounts apart from any legal remedy that the Company may avail. In such instances, the Company may also disclose Your account information if required by any Governmental or judicial or quasi-judicial authority. You understand that the violation of these ToU could also result in civil or criminal liability under applicable laws.

17.

The ToU shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the ToU shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi.

18.

The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these ToU from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.

Disclaimer

19.

THIS WEBSITE, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

Refund

BrainwizOnline is available for a negligible fee of Rs. 25/- per month. This fee is used in providing quality learning material for all learners and keeping their data safe on the platform. Hence, once a user registers, they are not entitled to any form of refund.

General Provisions

  1. Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Website. Any notice to be provided to the Company should be sent to "online@brainwiz.in".
  2. Entire Agreement: The ToU, along with the Privacy Policy, and any other guidelines made applicable to the Website from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Website and the Services thereof.
  3. Assignment: You cannot assign or otherwise transfer Your obligations under the ToU, or any right granted hereunder to any third party. The Company’s rights under the ToU are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
  4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the ToU, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the ToU shall continue in full force and effect.
  5. Waiver: Any failure by the Company to enforce or exercise any provision of the ToU, or any related right, shall not constitute a waiver by the Company of that provision or right.
  6. Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company. The Company provides these ToU so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these ToU and that You have agreed to them.

General Provisions

  1. Any feedback You provide with respect to Website shall be deemed to be non-confidential. By submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Website may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
  2. Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Website.

Customer Care

We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at online@brainwiz.in. ​