Terms And Conditions
Welcome to the official website of Jatia Education Private Ltd ("Brainnr"), having their registered office at 701 Tulsiani Chambers, Nariman Point, Mumbai - 400025. This website is owned and operated by Brainnr ('we' or 'us'). Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms") since the Terms constitute a binding contract between you and us. By entering into this Website, subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website, please email us at firstname.lastname@example.org or call us on .
The terms & conditions set out in this Website may be altered / amended from time to time depending on the policies of Brainnr and the prevailing market conditions. Brainnr requests you to read and understand them as often as possible as it may not be possible for Brainnr to intimate you on every change that occurs in these terms & conditions.
Accuracy of content
We have taken every care in the preparation of the content of this Website. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
Eligibility to Use
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on our Website, such use or transaction on the Website shall be made by your legal guardian or parents. Brainnr will not be responsible for any consequence that arises as a result of misuse of any kind of the Website that may occur by virtue of any person including a minor using the services provided through the Website. Brainnr reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
You are prohibited from selling, trading, or otherwise transferring your Brainnr account to another party. Brainnr owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to Brainnr or payments made by any of the payment methods by any third party. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
Account and Registration Obligations
In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website's registration form or any information provided by you by other means of communication. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, 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 our Website (or any portion thereof). You undertake to indemnify and keep indemnified Brainnr for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
Credit Card/Debit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card/debit card which is not lawfully owned by you, i.e. in a transaction, you must use your own card/account. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions
Our payment partner's (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
When you visit our website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.
On registering in our website, you agree that we may use your registered mobile number on the Website to send Transaction related SMS to you. You also grant us permission that we may send you any Transaction related SMS irrespective of having DND services activated on your mobile.
In the event you are not satisfied with the services provided by Brainnr, we request you to contact us at email@example.com. The user hereby acknowledges that the refund of payment once validly made by the user for the services provided by Brainnr, will be at the sole discretion of Brainnr.
Services provided by third parties
The user hereby agrees and understands that the services provided by Brainnr also include such exclusive third party services. The user admits that the use of such third party services shall be the sole responsibility of the user and the user shall ensure that he/she maintains such telecommunications and internet services necessary for availing such services along with such required software and hardware devices, at the sole cost of the user. The user hereby agrees and acknowledges that Brainnr shall not be liable for any loss, data corruption, bad signals, communication difficulties or any other damage of loss of any kind arising out of the user availing such third party services.
Abuse or Misuse of the Website
The user hereby agrees that the user shall neither by itself nor be part of any kind of abuse or misuse of the Website in any manner whatsoever. By availing to the video tutorial sessions available on the Website, the user agrees that, apart from not sharing any kind of personal information of any kind with the other party, the user shall also ensure that he/she shall not inter-alia share, display, convey, transmit or portray abusive content of any kind in any manner whatsoever. Likewise, in the event the user feels that there is any kind of abusive content or such other information shared / displayed by the other party, the user shall immediately report the same to us at firstname.lastname@example.org. In the event Brainnr has reasons to believe that the user is inter-alia sharing, displaying, conveying, transmitting or portraying abusive content of any kind of the user has been part of such transmission, Brainnr has the absolute right to terminate the account and the services availed by the user without providing any reason whatsoever, apart from other measures that Brainnr may recourse to. The user hereby also agrees and confirms that Brainnr shall not be responsible or liable for inter-alia any act as mentioned above in any manner whatsoever and that the user shall not make any kind of claim against Brainnr or make Brainnr party to any claim he/she is making before any forum in relation to any abuse or misuse of the Website to which the user is a party to or otherwise. The user hereby also agrees and understands that it shall be the sole responsibility of the user to restrict such abuse or misuse of any kind of the Website and the services availed and the user shall ensure that it shall report to Brainnr at the earliest on occurrence of any such event.
Similarly, the user hereby also agrees that he/she shall not inter-alia share, display or transmit any copyrighted material which he/she is not permitted to do in the course of the facilities availed of the Website. The user shall be entitled to share only such materials which have an open source code and that they have specifically permitted the user to share. In the event the user shares any of the copyrighted materials to the other party without the prior written consent of Brainnr, the user shall be liable for such actions taken against it by Brainnr and any aggrieved third party for violations of the intellectual property rights of such parties.
You Agree and Confirm
That you shall use the services provided by us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Website and transacting on the Website.
You shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.
That you shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.
That neither you nor the tutor shall share their respective personal details including any kind of contact information with each other. In the event the user becomes aware of any such information, the user shall intimate Brainnr on the same at the earliest.
You agree and confirm that you shall not use our Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Using, displaying, mirroring or framing the Site, or any individual element within the Site or services, Brainnr's name, any Brainnr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Brainnr's express written consent.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws, rules or regulations.
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
Collecting or storing any personally identifiable information from the Site or services from other users of the Site or services without their express permission.
Impersonating or misrepresenting your affiliation with any person or entity.
Violating any applicable law or regulation.
Encouraging or enabling any other individual to do any of the foregoing.
Modification of Terms & Conditions of Service
Governing Law and Jurisdiction
These Terms shall be construed in accord with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of these Terms.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Website, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our Website. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Ownership of Rights
All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Brainnr protected by copyright as a collective work under the applicable copyright laws. Brainnr owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Brainnr is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with Brainnr shall not be deemed to be in the public domain but rather the exclusive property of Brainnr, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Brainnr, unless otherwise stated.
Brainnr does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted Brainnr the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant Brainnr, the right to edit, copy, publish and distribute any material made available on the Website by you.
If you come across any abuse or violation of these Terms, please report to email@example.com. Indemnity
Termination And Survival of the Terms after the Term ends
Brainnr may terminate these Terms at any time. Without limiting the foregoing, Brainnr shall have the right to immediately terminate your password or account or block your IP address, in the event of any conduct by you, which Brainnr, in its sole discretion, considers to be unacceptable, or in breach of these Terms.
You may terminate these Terms at any time, provided that you discontinue any further use of our Website. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.
Limitation of Liability and Disclaimers
The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website.
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by us as specified in the product specifications. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, we or our partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the value of the product ordered by you. We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Brainnr assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Brainnr will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site Our Website can be used on most of the internet browsers.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and Brainnr with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Brainnr. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.