1. Introduction
Welcome to brainodad.com which is a part of Fluencyjet Educational Services LLP (Registered office at 8/186, Raja Ganapathy Nagar, Nanda Nagar Road, Singanallur, Coimbatore – 641005, India). Please read these Terms of use prior to registering for an account on brainodad.com or using any portion of the brainodad website, including accessing any course material, chat rooms, or other electronic services. These Terms of use that follows are agreements (the “Agreements”) between you and Fluencyjet Educational Services LLP. By using the brainodad Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user.
If You do not agree with the Terms or the Privacy Policy, please do not use the Website brainodad or avail the Services or products. Any access to our Services/Application/products through registrations/subscription is non-transferable.
Brainodad reserves the right to modify these Terms of use at any time without advance notice. Any changes to these Terms of use will be effective immediately upon posting on this page, with an updated effective date. By accessing the brainodad Site after any changes have been made, you signify your agreement on a prospective basis to the modified Terms of use and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of use.
2. Copyright of the contents
Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products 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 this Application or Website or Services shall be or products 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 the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted 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 acknowledge that the ownership of all trademarks, copyright, logos, service marks and other 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.
3.Registration for Services
You must register for an account by: (i) connecting through an available social media account (including, but not limited to Facebook, and Google Plus); or (ii) providing a username, a valid email address and any other information we may require from time to time (“Account”). You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with or transferred to any other individual. You must immediately notify us via our contact us page of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.
Once you have an Account, you can create an online profile (“Profile”). When creating your Profile, you agree to (i) provide accurate, current and complete information; and (ii) be personally responsible for the information you provide in your Profile. We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.
4.Purchasing Services via the Website
In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions.
Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
Brainodad does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by Brainodad.
6.Your license
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sub licensable, worldwide and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use (“Licence”). Your Licence to use Our Content is restricted to use of the object code of the website, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the website. You agree not to access the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.
7.Fees
The Fees for the Services shall be as set out on the Website or on the webinar at the time you placed an order for them.
Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to accessing any Online Course.
Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Brainodad shall not be responsible for these.
You shall be responsible for all costs you incur in connection with your attendance at your access onto any Online Course.
8.Cancellation and Refund policy
We offer a 7-day money back guarantee, where we provide you with a full refund if you are not satisfied with our Services.
We can cancel your order if a request is made within 7 days of placing your order. The request has to be made at brainodadtamil@gmail.com.
A Refund Request will be deemed valid only if it is made through the email to brainodadtamil@gmail.com
If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
There is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of brainodad.
9.Termination of the account by us
We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. Due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when we terminate your Account, you will not receive a refund for any time remaining on your active subscription.
10.No Representations or warranties
We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.
You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning or your learning of any other subject by use of our Services, accuracy of Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.
Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
11.Liability
Although Brainodad aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, any loss or corruption of data, any loss of profit, revenue or goodwill, or any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
Brainodad total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
12.General Information
These Terms and the relationship between us and you are governed by the laws of India without regard to any conflict of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the Indian courts, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these Terms.
Under these Terms no person other than us and you shall have any rights in relation to your access and/or use of the Services, provided that our third-party licensors may take action against you to enforce any infringement of their intellectual property rights or other rights.
If we fail to exercise or enforce any rights or provision of the Terms, this shall not constitute a waiver of such rights or provisions. If any provision of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.
13.Questions
Please contact us with any question you might have about these Terms via our Contact us page.
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