Terms and Conditions

Use of the Application BRAINQ ("Application") or any products, services, or features related to the Application, Website, or Products (collectively referred to as "Services"), as well as any modes of registration or usage of products—whether through SD cards, tablets, or other storage/transmitting devices—is governed by these terms and conditions. These terms establish a binding agreement between BRAINQ Private Limited ("Company," "We," "Us," or "Our") and its users ("User," "You," or "Your"). 

These Terms constitute an electronic record under the provisions of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines) Rules, 2011, as amended from time to time.

Terms of Use and Privacy Policy

Please carefully read the Terms of Use and the Privacy Policy of the Company ("Privacy Policy") regarding the registration and usage of the Application, Website, Services, and Products before accessing or using them. In the event of any discrepancy between the Terms and any other policies related to the Application, Website, Services, or Products, the provisions of these Terms shall prevail.

Your access, use, or browsing of the Application, Website, Services, or Products, or your registration (with or without payment/subscription) by any means, signifies your acceptance of the Terms and your agreement to be legally bound by them.

If you do not agree with the Terms or the Privacy Policy, please do not use the Application, Website, Services, or Products. Any access to our Services, Application, or Products through registration or subscription is non-transferable.

Proprietary Information

Except as stated below, all information, content, materials, trademarks, service marks, trade names, and trade secrets—including but not limited to software, text, images, graphics, videos, scripts, and audio—contained in the Application, Website, Services, and Products are the 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 prior written permission from the Company. Nothing in the Application, Website, Services, or Products grants you a license, right, or interest in the Company's intellectual property.

You may own the medium on which the information, content, or materials reside, but the Company retains full ownership of the content, materials, and intellectual property rights included on such medium.

Certain content on the Website may belong to third parties and is reproduced with prior consent. Ownership of such content and associated rights remains with the respective third parties. You may not use third-party trademarks, copyrights, logos, or service marks without proper authorization from their owners.

Permitted Use

Your use of the Application, Website, Services, and Products is strictly for personal and non-commercial purposes. The following restrictions apply:

1. Prohibited Activities:
• You may not decompile, reverse-engineer, or disassemble the content or software of the Application, Website, Services, or Products.
• You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or software obtained from the Application, Website, Services, or Products.
• You may not remove copyright, trademark, or other proprietary notices from the content.
2. Commercial Use Prohibition:
• The Application, Website, Services, or Products must not be used for any commercial purposes. This includes advertising, selling, or soliciting contributions or donations through any public forum.
• The Application, Website, or Services may not be used in any manner that harms the Company or any other person or entity, as determined by the Company.

Prohibited Content and Behavior

While using the Application, Website, Services, or Products, you must not:

• Post or share content that is misleading, unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, invasive of privacy, or otherwise objectionable.
• Stalk, harass, intimidate, or incite violence against others.
• Transmit material that encourages criminal behavior or breaches laws, regulations, or codes of practice.
• Infringe on intellectual property or other proprietary rights.
• Post materials containing viruses, spyware, or harmful code that could affect others' systems.
• Misrepresent your identity or affiliations.
• Collect personal information from other users without consent.

Usage Restrictions

You must not:

• Access or use the Application, Website, Services, or Products in a way that could damage, disable, overburden, or impair the servers, networks, or infrastructure hosting them.
• Interfere with another user's access to or enjoyment of the Application, Website, Services, or Products.

By adhering to these Terms, you agree to use the Application, Website, Services, and Products responsibly and lawfully.

Prohibited Activities

You must not:

• Interfere with Services: Intentionally or unintentionally interfere with or disrupt the Services, or violate any applicable laws, policies, procedures, or regulations related to the access or use of the Application, Website, Services, or Products.
• Security Breaches: Disrupt or compromise the security of the Application, Website, Services, Products, or related materials and systems. This includes attempting to gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Application, Website, or affiliated sites.
• Denial-of-Service Attacks: Engage in disruptive activities, such as denial-of-service attacks, that inhibit other users from accessing or enjoying the Application, Website, Services, or Products.
• Automated Tools: Use automated tools like deep-links, page scrapers, robots, spiders, or similar technologies to access, copy, monitor, or manipulate any part of the Application, Website, Services, or Products without authorization.
• Content Modification: Alter or modify any part of the Services without prior authorization.
• Illegal Usage: Use the Services for purposes not permitted by these Terms or any applicable laws, regulations, or accepted practices.

Key Features

1. Daily Live Classes
• Engage in interactive live sessions conducted by expert educators, designed to replicate a real classroom experience.
• Ask your questions directly during the session and receive instant answers, ensuring no doubts remain unresolved.
• Participate in live polls and discussions to reinforce your understanding of key concepts and gain insights from peers.
• Stay actively involved throughout the session to maximize retention and comprehension.
2. Practice and Revision
• Strengthen your grasp on topics with a dedicated practice section featuring curated exercises tailored to your curriculum.
• Prepare for exams effectively with mock tests that simulate real exam scenarios, helping you build confidence and track progress.
• Access detailed lecture notes shared as downloadable PDFs, which serve as a comprehensive resource for revision anytime.
• Reinforce your learning at your own pace, with tools designed to support consistent practice and improvement.
3. Learn Anytime, Anywhere
• With a single subscription, gain unrestricted access to all live and recorded classes across a wide range of subjects and topics.
• Enjoy the flexibility of learning from the comfort of your home or on the go, without being tied to a fixed schedule.
• Use your preferred device—be it a smartphone, tablet, or laptop—to access high-quality educational content whenever you need it.
• Bridge the gap between live and recorded learning by revisiting classes at your convenience, ensuring no topic is ever missed.

User-Submitted Content

By submitting content ("Material") through the Services, you grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, publish, transmit, display, and distribute your Material across all media formats and distribution methods. Other users may engage with your Material under these Terms, including forking, tweaking, or repurposing it.

If you delete your account, your Material and name may still remain accessible on the Services.

Accuracy of Information

The Company strives to ensure accurate and clear information on the Application, Website, Services, and Products. However, errors may occur. The Company disclaims responsibility for any inadvertent errors or inaccuracies. Users are encouraged to provide feedback to improve the Services.

The Company reserves the right to make changes, corrections, or updates to content without prior notice. Neither the Company nor third parties provide warranties regarding the accuracy, completeness, or suitability of the information for any purpose. Users acknowledge that such information may contain inaccuracies, and the Company excludes liability to the fullest extent permitted by law.

Third-Party Content and Links

The Website may include content from third parties or links to external websites for informational purposes. The Company does not endorse or guarantee the accuracy or reliability of third-party content. Users may not create links to the Website without prior written consent.

Educational Content Disclaimer

The Application and Services provide content based on structured curriculums intended to supplement educational programs, not replace them. Subscription or usage does not guarantee admission, exam success, or specific academic achievements.

Some content, such as opinions or preparatory materials, may not reflect the Company’s views and are provided without warranties regarding quality or adequacy.

Interactive Services

The Services may include user-generated content that is not subject to prior editorial control. The Company reserves the right to review, edit, or delete content at its discretion but assumes no liability for such content, including infringement claims.

Communication and Consent

By accessing the Application or registering for the Services, you consent to receive communications about products, updates, and promotions via SMS, email, or calls. This consent holds even if your number is registered on a Do Not Call (DNC) database. You agree to make your contact details available for such purposes and indemnify the Company from liabilities arising from these communications.

User Acknowledgements and Responsibilities

1. Product Demonstrations:
• The Company may facilitate product demonstrations at a location specified by the User, subject to User confirmation.
• Users acknowledge that they have not been induced by any statements or representations regarding product quality and have relied solely on their own investigations, examinations, and inspections.
• The Company provides opportunities for Users to thoroughly evaluate its products.
2. Communication and Monitoring:
• Upon registration, the Company may contact the User via the registered mobile number, email, or other provided contact details to ensure effective provision of Services.
• The User expressly consents to such contact and permits the Company to engage with students utilizing the Services through telephone, email, or other means.
• The Company may monitor usage of the Application, Services, and Products to analyze effectiveness, resolve queries, provide feedback, and mentor students. Parental or guardian consent is required for communications with minors.
3. Personnel and Feedback:
• While the Company trains its sales and service personnel for quality control, it does not guarantee the competence or behavior of such personnel.
• User feedback regarding personnel is welcome, and the Company reserves the right to take appropriate action.
4. Access to Services:
• Certain elements of the Services, such as doubt clearance and mentoring, may be subject to additional terms and conditions.
• Subscription or registration does not automatically entitle Users to all Services, and the Company retains discretion over access to specific elements.
• The Company reserves the right to modify, extend, discontinue, or withdraw any Service at its discretion.
5. Device Compatibility:
• The Company's Products and Services are compatible only with specified devices or hardware.
• Users must ensure compatibility with their devices, as the Company is not responsible for issues arising from incompatible hardware.
• The Company reserves the right to update the list of compatible devices as required.
6. Shipping and Returns:
• Users must specify the delivery address at the time of purchase. Address changes after order processing are not permitted unless notified in writing before the shipping date.
• Products must be returned in their original condition within 15 days of delivery. Tampered, opened, or damaged items will not be accepted.
• For products damaged during delivery, the Company will bear shipping costs. For other returns, the User is responsible for return shipping.
• The Company is not responsible for defects in third-party hardware and directs Users to the manufacturer for such issues.
7. Account Registration and Security:
• Users must provide accurate and up-to-date account information, including name, contact details, address, payment information, and other necessary details.
• Users are responsible for maintaining the confidentiality of their account credentials and ensuring they log out after each session.
• Any unauthorized use of an account must be reported immediately. The Company may suspend accounts in case of security breaches and is not liable for damages resulting from User negligence.

Terms of Use

1. Account Accessibility

• Your ability to access the Application depends on external factors such as internet service providers and network availability. The Company does not guarantee uninterrupted access.
• The Company is not liable for damages arising from your inability to log in or access the Application at any time.

2. Eligibility

• Only individuals who are "competent to contract" under the Indian Contract Act, 1872 are eligible to register.
• Minors, undercharged insolvents, or other ineligible persons cannot register for the Company's products or Services.
• If a minor uses the Services, it is assumed they do so with the consent of a parent or legal guardian. The guardian assumes full responsibility for the minor's use of the Services.
• The Company reserves the right to terminate subscriptions or deny access if it is discovered that eligibility criteria are not met or provided information is inaccurate.

3. Indemnification

You agree to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, damages, liabilities, or expenses arising from:

• Your use of the Application or Services.
• Violation of these Terms or any third-party rights (e.g., intellectual property or privacy).
• Damages caused to third parties through your use of the Services.
  This obligation survives the termination of these Terms.

4. Limitation of Liability

• The Company, its employees, and agents are not liable for any indirect, incidental, special, or consequential damages, including loss of data, profits, or usage, arising out of your use of the Application or Services.

5. Breach and Remedies

• If you breach these Terms, the Company may seek injunctive relief and other legal remedies.
• Your Account may be suspended or terminated without notice for violations of these Terms.
• The Company may disclose your account information if required by governmental or legal authorities.

6. Governing Law

• These Terms are governed by Indian law and subject to the exclusive jurisdiction of courts in Kolkata, India.

7. Modification of Services

• The Company reserves the right to modify, suspend, or discontinue any aspect of the Application or Services without prior notice.
• Prices are subject to change without notice.

Disclaimer

• The Application and Services are provided "as is," without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
• The Company is not liable for damages resulting from your use of the Application or Services.
• It is your responsibility to ensure that the Services meet your requirements.

General Provisions

1. Notices:
• Notices from the Company will be sent via email or as general notifications on the Application.
• Users can contact the Company at: BRAINQ Private Limited, Address- C/o-bijan Kumar Saha, Chakdah, Nadia, Chakdah, West Bengal, India, 741222.
2. Entire Agreement:
• These Terms, along with the Privacy Policy, constitute the entire agreement between the User and the Company.
3. Assignment:
• Users cannot transfer their rights or obligations under these Terms. The Company may assign its rights without User consent.
4. Severability:
• If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in full force.
5. Waiver:
• The Company's failure to enforce any provision does not constitute a waiver of its rights.
6. Relationship:
• Using the Application does not create an employer-employee, agency, or joint venture relationship between the User and the Company.

Feedback

• Feedback provided to the Company is deemed non-confidential and may be used without restriction.
• By submitting feedback, you confirm that:
1. It does not contain confidential information.
2. The Company is not obligated to maintain confidentiality regarding the feedback.
3. The Company may have similar feedback already under development.
4. No compensation is owed for the feedback unless explicitly stated.

Cancellation and Refund Policy

1. Cancellation:
• Cancellation requests must be made within 72 hours (3 days) of placing the order.
• Requests can be made by emailing admin@brainq.co.in or calling +91-9432758560.
2. Refunds:
• Refund requests must also be made within 3 days of placing the order.
• Refunds will be processed within 10-15 working days to the original payment account.