Terms & Conditions

1. Preamble

These Terms of Use (this "Agreement") set forth the terms and conditions that apply to your access and use of the website located at brainibooks.com (the "Site"), and the information, tools, software, services, features and functionality — including content, updates and new releases — located on the Site (collectively, the "Service"), as owned and operated by BrainiBooks.

2. Accepting the Terms

By using the Service, you agree to be bound by this Agreement and BrainiBooks' Privacy Policy, which is incorporated into this Agreement, as each may be amended from time to time, whether you are a "Visitor" or a "Member". "You" or "User" refers to a Visitor or a Member. "We" refers to BrainiBooks. You represent that you have the capacity to be bound by this Agreement, or if acting on behalf of an entity, that you have authority to bind that entity.

3. Access to Services

You are authorized to access BrainiBooks per the membership plan you have enrolled for. Your access may be interrupted for reasons including unanticipated system failures, third-party hosting malfunctions, periodic updates, maintenance, or other actions beyond our control. Your access is limited to services offered under the respective plan.

4. Registration & Related Information

You must register with BrainiBooks in order to use the application. Registration requires details such as your full name, address, phone number and email. You warrant that all data provided is accurate and agree to report changes without undue delay. You are responsible for maintaining the confidentiality of your password. BrainiBooks disclaims any liability arising from a breach of confidentiality resulting from sharing or losing your password. Notify BrainiBooks immediately of any unauthorized use.

5. Payment

The User shall make prior payment (prepaid model) towards the subscription of BrainiBooks. The subscription is activated subject to realization of payments. Payments may be made via NEFT, RTGS, Cheque, or authorized Payment Gateways. An invoice along with the payment receipt will be mailed to your registered email after realization of payment.

6. E-mails and Phone Calls

By providing your email and phone number, you authorize BrainiBooks to contact you regarding account registration, updates, customer service matters, or changes to the Service. Emails will be sent to the primary email address you provide. If your contact details change, you are responsible for informing BrainiBooks.

7. Intellectual Property Rights

The Service and the contents of the Site, including its "look and feel" (text, graphics, images, logos, button icons), photographs, editorial content, software and other material are protected under Indian intellectual property laws. Subject to your compliance with this Agreement, BrainiBooks grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service. Title to any portion of the Service is not transferred to you.

8. Privacy and your Personal Information

For information about BrainiBooks' data protection practices, please read our Privacy Policy. It explains how BrainiBooks treats your personal information when you access the Site and use the Service. It may be updated from time to time at our discretion; changes are effective upon posting.

9. Data Protection

BrainiBooks recognizes that data provided by the User is extremely important and shall be handled with due sensitivity. BrainiBooks complies with all applicable legal provisions regarding data protection, does not disclose personal data to any third party without authorization, and does not sell User databases.

10. Access and Interference

You agree that you will not:

• post or transmit any file containing viruses, worms, Trojan horses or other destructive features, or otherwise interfere with the proper working of the Site or Service;
• attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Site or Service;
• solicit login information, Login IDs or personal information of another person, or access another person's account;
• copy the Service or any part thereof;
• use the Service to gather information to file a legal claim;
• attempt to breach any security or authentication measures;
• bypass, remove, or circumvent any technological measure implemented to protect the Service or Site;
• interfere with other Users' or Members' use of the Site or Services;
• defame, abuse, stalk, threaten, harass or otherwise violate the legal rights of any User, Member, employee, staff or agent of BrainiBooks;
• do anything that could disable, damage, tamper with, or cause interruptions to the Service;
• use any robot, spider, scraper or automated means to access, scrape or index the Service;
• do anything illegal, infringing, fraudulent, or malicious; or
• facilitate or encourage any violations of this Agreement.

11. Children's Privacy

BrainiBooks services are intended exclusively for persons of legal age. BrainiBooks is not intended or designed to attract children under the age of 18.

12. Liability of Company

• Use of the BrainiBooks site and content is at your own risk.
• Information transmitted through BrainiBooks may traverse mediums beyond our control. BrainiBooks assumes no liability for delay, failure, interruption, or corruption of data transmitted in connection with use of the site.
• The BrainiBooks site and content are provided on an "as-is" basis. To the fullest extent permitted by law, BrainiBooks disclaims all warranties, express or implied, including implied warranties of merchantability and non-infringement.
• BrainiBooks does not warrant satisfaction of any government regulations requiring disclosure of information or compliance of any software tools with content on the site.

13. Limitations on Company's Liability

BrainiBooks shall in no event be responsible or liable to you or any third party for any indirect, special, incidental, consequential, exemplary, or punitive damages — including loss of profit, revenue, or business — arising from the site, your use of the service, or this agreement, even if BrainiBooks has been advised of the possibility of such damages.

14. Modification of the Terms and Conditions

BrainiBooks reserves the right to change these Terms at any time. The revised Terms will be posted on the website. By continuing to use the website and BrainiBooks products after changes, you agree to the revised Terms.

15. Termination of Agreement

This Agreement will continue to apply until terminated by either you or BrainiBooks. If you want to terminate, you may do so by closing your account for the Service. BrainiBooks may terminate its legal agreement with you:

• if you have breached any provision of this Agreement or acted in a manner that shows intent or inability to comply;
• if BrainiBooks believes it is required to do so by law; or
• if payment is pending for the subscription for more than 15 days from the date of Invoice.
• Subscription can be cancelled within 30 days from the date of activation if the product does not meet user needs — refund shall happen on a prorated basis. Cancellation after 30 days shall not be refunded.

All sections which by their nature should survive termination shall continue in full force and effect notwithstanding the termination of this Agreement.

16. Dispute Resolution

This Agreement, and your relationship with BrainiBooks, shall be governed by the laws of India without regard to conflict of laws provisions. Jurisdiction for any dispute shall lie exclusively with the competent courts in Karnataka, India, except with respect to imminent harm requiring temporary or preliminary injunctive relief.

All disputes arising between the parties shall be referred to a single arbitrator if the parties agree, otherwise to three arbitrators — one appointed by each party — in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification thereof.

17. Complete Agreement

Except as expressly provided in a particular "legal notice" on the BrainiBooks site, this Agreement applies only to the BrainiBooks website and does not cover any interaction you may have with BrainiBooks by telephone, postal mail, or other offline communications. By using our services from the website you represent and warrant that you have read, understood and agree to comply with the terms and conditions of this EUA.