Terms and Conditions

Terms & Conditions

1. GENERAL

a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Application Brainologi

c) The Application Brainologi (“Application”) is owned and operated by SAB Learning systems LLP (“Company”) having its registered office at Pride Regency, Viman Nagar, Pune -14, India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

d) For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
 i) The term ‘You’ ‘Your’ & ‘User’  shall mean any legal person or entity accessing ,using the Services provided on this Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;

ii) The terms ‘We’, ‘Us’& ‘Our’ shall mean the Application and/or the Company, as the context so requires.

iii) The term ‘Services’ shall mean the platform on which students and teachers may interact with each other to raise and respond to queries, respectively.

iv) The terms ‘Materials’ shall mean any content, information, Study materials, Products and Services made available on the Application by the Company.

v) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

f) The use of the Application by the User is solely governed by these Terms as Well as the Privacy Policy (“Policy”), available at [.]and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Application and/or using any of the Services provided on the Application shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder.

h) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Application, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Application constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

i) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements.  If the User continues to use the Application following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Application.

2. ELIGIBILITY 

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Application if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force. If You are a minor and wish to use the Application, You may do so through Your legal guardian.

3. TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Application; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;

4. TERMINATION 

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services offered on the Application, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove. The Company may terminate Your use of the Application immediately without notice for any breach by You of these Terms, or any of Our applicable policies as posted on the Site from time to time or for breach of applicable laws. You are free to terminate Your use of the Company Products at any time. You can simply choose to stop visiting or using any aspect of the Company Products. If You wish to terminate Your account on the Site or with the Services, You may do so by sending an e-mail to [.] or using any other account termination functionality that may be offered through the Application.

5. PLATFORM 

The Application is a platform that brings to young children various learning courses.

6. REGISTRATION

To fully avail the Services of the Application and use of it, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Age, Gender, User Name, Password, Email ID, Mobile Number, Address, etc., Users who register with Application can avail the listed Services and Material from the Application.

7. CHARGES

The use of this Application by the User is free of cost. The User is only required to pay for the Services he/she wishes to avail from the Application. We reserve the right to amend this no-fee policy and charge Users for the use of the Application and for availing its Services. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the Services offered by Us.

8. PAYMENT

To process financial transactions on the Application, We may use third-party electronic payment processors or service providers (ESPs). As required, You permanently authorize Us to instruct such ESPs to handle Account deposits and withdrawals from Your account. You also permanently agree that in accordance with Your requests as submitted, We may give such instructions on Your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.

The following payment options are available on the Application App:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.

9. STUDENT OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted user of this Application, and that he/she:

a) agrees and accepts that the Company has the right to reject, at its sole discretion, from the Site any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company. The Company shall not be under any obligation to furnish any clarifications or answers in the event it so rejects any content posted by the User. However, the Company has full authority to review the content posted by Users on the Site.

b) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. Any such use / limited use of the Application will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Application is expressly prohibited.

c) agrees not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of the User’s access to the Application, as detailed in Section 11 hereinbelow. The User acknowledges and agrees that by accessing or using the Application or any of the Services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Application The User may however report any such offensive or objectionable content, which the Company may then remove from the Application, at its sole discretion.

d) In places where Application permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Application immediately and without notice, and further that the User’s access to the Application may also be permanently revoked, at the sole discretion of the Company.

e) Further undertakes not to:

i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

ii) Engage in any activity that interferes with or disrupts access to the Application or the Services provided therein (or the servers and networks which are connected to the Application);

iii) Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

iv) Publish, post, disseminate, any information which 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 whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

v) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application;

vi) Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Application, or any other customer of the Application, including any user account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;

vii) Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Applications or any affiliated or linked Applications;

viii) Collect or store data about other users of the Application.

ix) Use the Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Application or any other third party(ies);

x) Violate any code of conduct or guideline which may be applicable for or to any particular Service offered on the Application;

xi) Violate any applicable laws, rules or regulations currently in force within or outside India;

xii) Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;

xiii) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

xiv) Publish, post, or disseminate information that is false, inaccurate or misleading;

xv) Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

xvi) Commit any act that causes the Company to lose (in whole or in part) the Services of its internet provider (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Company/Application;

xvii) Engage in advertising to, or solicitation of, other users of the Application to buy or sell any Material and Services not currently displayed on the Application. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Application or through any other internet based platform infringing the reputation of the Company/Application. It shall be a violation of these Terms to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Application without the express prior written consent of the Company.

f) The User expressly understands and agrees the following.

i) Each registration is for a single individual only, unless specifically designated otherwise on the registration page.

ii) You are responsible for maintaining the confidentiality of Your account credentials.

iii) You shall be responsible for all uses of Your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.

iv) In addition to these Terms of Use, You understand and agree that We may collect and disclose certain information about You to third parties. In order to understand how We collect and use Your information, please visit our Privacy Policy at [.]

The User hereby expressly authorises the Company/Application to disclose any and all information relating to the User in the possession of the Company/Application to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

The User expressly agrees and acknowledges that the Company/Application has no obligation to monitor the materials posted on the Application, but that it has 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. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Application by him/her. In no event shall the Company/Application assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Application. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as Well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Application.

10. COMMUNICATION WITH USER

When the user or consumer decides to contact the Company they can do so by through Phone or email and gives consent so that the Company can contact the consumer. Company shall send notifications to consumers through email, SMS  notification feature to inform about current promotional offers and discounts. User/Consumer shall contact the Company for any Service related queries through Phone or email.

11. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to the Application, without being required to provide the User with notice or cause:
a) If the User is in breach of any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other users or to the Application/Company, at the sole discretion of the Company.

12. INDEMNITY AND LIMITATIONS

The User hereby expressly agrees to defend, indemnify and hold harmless the Application and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

In no event shall the Company/Application be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Application had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Application and/or the Services or materials contained therein.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Application incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

13. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Application’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Application and other distinctive brand features of the Application are the property of the Company. Furthermore, with respect to the Application created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Application.

The User may not use any of the intellectual property displayed on the Application in any manner that is likely to cause confusion among existing or prospective users of the Application, or that in any manner disparages or discredits the Company/Application, to be determined in the sole discretion of the Company.

The User is granted a limited and non-exclusive right to use the Application, the Services and the Materials for Your personal and non-commercial use.  The User is aware that the Service and Material are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Material and Services resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Application/Company, or to the User.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

14. DISCLAIMER OF WARRANTIES AND LIABILITIES

a) Our content is created by experts and goes through strict quality checks. Except as otherwise expressly stated on the Application, all Services and Material offered on the Application are offered on an “as is” basis without any warranty whatsoever, either express or implied, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free; materials, information and results obtained will be effective, accurate or reliable; any errors or defects in the website, services or other materials will be corrected.

b) All commercial/contractual terms are offered by and agreed to, between the User and the Company alone.

c) The Company/Application does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Services offered on the Application. The Company/Application does not implicitly or explicitly support or endorse any of Services on the Application.

d) The Application and the Company do not guarantee any particular outcome regarding the results of the users during the Examinations. The Company doesn’t not provide any warranty as to the results that may be obtained from the use of the Application, the Services or the Materials or as to the accuracy or reliability of any information provided through the Application, the Services or the Materials.

e) The Application and the Company may send gifts as rewards to users. However such gifts are chosen at the sole discretion of the Company and no monetary compensation shall be given in lieu of such gifts to the users. Further such gifts are provided to users upon completion of certain pre-set milestones and the gifts cannot be exchanged. Any gifts sent by the Company to the users if damaged in transit shall not be the responsibility of the Company and the Company shall not be liable to exchange and/or replace such gifts.

f) The Application and the Company shall give the requisite certificates to the users only upon scoring of minimum score as decided and required by the Company.

g) The Application and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Service availed of by the User from the Application.

h) The Company/Application does not guarantee that the Functions and Services contained in the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Application.

i) In no event shall the Company/ Application, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Application, or its Services. You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Courseware shall not exceed the fee You paid to Us for the particular/relevant package.

j) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

15. SUBMISSIONS

Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Application will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Application, and that use of such content by the Company/Application does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Application by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Application, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

16. FORCE MAJEURE

Neither the Company nor the Application shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

17. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the the state of Indore, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.

18. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)

19. MISCELLANEOUS PROVISIONS

a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;

b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.