Terms & Conditions | The Brain Manual

USER TERM & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder pertaining to electronic records. 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 https://www.theBrain manual.in website and handheld devices. The Website and the Application for handheld devices (if available) are jointly referred to as the “Platform”.

DEFINITIONS :

User: “User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of hosting, publishing, transacting, sharing, displaying or uploading information or views or pictures and includes other persons jointly participating in using the Services.
Content: “Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data.

“Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.

“Third Party Content” means content that comes from parties other than the Brain manual or its users and is available on the Services.

The “Brain manual Content” means content that The “Brain manual” creates and make available in connection with the Services including, but not limited to, graphics, design, compilation, computer code, products, software, visual interfaces, interactive features, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content.

TERMS:

The Brain manual (hereinafter referred to as The“Brain manual “, “we”, “us”, or “our”) provides an online platform which provides consultancy service to solve key problems of people through scientific dermatoglyphics multiple intelligence tests (collectively, the “Services”). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Application, Services and all content, and your participation in referral and other promotion programs undertaken by us from time to time (“Referral Programs”), and these terms of use constitute a binding legal agreement between you and The Brain manual. Please read carefully these Terms and our Privacy Policy, which may be found here, and which is incorporated by reference into these Terms.

If you do not agree to these Terms, you have no right to obtain information from and/or otherwise use the Application or Services.

These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the website at [web address] (the “Site”) and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”). These Terms are effective for all existing and future users, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings.

Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, by merely using the Platform, you shall be contracting with The Brain manual and signify your acceptance to the Terms of Use and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Platform is at your own risk, including the risk of data theft, virus attack or that you might be exposed to content that is objectionable, or otherwise inappropriate.

The Content on these Services is for informational purposes only. The Brain manual disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. The Brain manual reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. The Brain manual does not guarantee quality of the consultations and services, the prices listed in menus or the availability of all menu items at any of the listing of consultants or services.

ELIGIBILITY TO USE THE SERVICES:

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You further declare that you are in compliance with all laws and regulations in the locality/state/country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

CHANGES TO THE TERMS:

We may vary or amend or change or update these Terms, from time to time entirely at its own discretion. Your use of Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other The Brain manual policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other The Brain manual policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other The Brain manual policies. As long as you comply with these Terms of Use, The Brain manual grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and The Brain manual policies as may be posted on the Platform from time to time.

SERVICES PROVIDED BY US:

The Brain manual is constantly evolving in order to provide the best possible experience and information to its users. The primary purpose of services is to connect with the personality consultants and create personality reports for the users. Except connecting the users to consultants we are not providing any services, of whatever nature to the users. You acknowledge and agree that the form and nature of the Services which The Brain manual provides, may require effecting certain changes in it, therefore, The Brain manual reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

TRANSACTION

The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. The Brain manual determine, identify, and create, consultation and documentary products and its commercial/contractual terms. The Brain manual may also offer support services in respect to order fulfilment, payment collection, call centre, and other services.
You are responsible for determining the suitability of the Services for your requirements. We will not be responsible for any direct/indirect damage or harm resulting from your interactions with our consultants or services purchased.

YOUR ACCOUNT:

You may have to create an account in order to use some of the features offered by the platform, including without limitation to specific pages for consultants on the Platform. Use/storage of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. You are always and solely responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You may also be able to register to use the platform by logging into your account with your credentials from certain third- party social networking sites (e.g., Facebook, Gmail, Linkedin etc). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions. In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information to obtain access to platform that you are not legally entitled to claim. You acknowledge that any false claim may result in substantial losses or damage to The Brain manual or third parties, for which you may be held liable and accountable.

ADVERTISING

Some of the Services are/may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the platform, queries made through the platform or other information. The manner, mode and extent of advertising on the platform are subject to change without specific notice to you. You agree that The Brain manual may place such advertising on the platform.

Part of the platform may contain advertising information or promotional material or other material submitted to The Brain manual by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers through the Platform, including payment and delivery of related services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. The Brain manual will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Platform.

LINKS:

The Application and Services may contain links to third-party websites or resources. You acknowledge and agree that The Brain manual is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Brain manual of such websites or resources or the content, products, or services available from such websites or resources.

OWNERSHIP:

You acknowledge and agree that the Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of The Brain manual and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, Services, or Collective Content.

CONTENT IS PROTECTED:

All text, photographs, trademarks, logos, sounds, graphics, user interfaces, visual interfaces, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, expression, “look and feel” and arrangement of such Content, contained on the platform is owned, controlled or licensed by or to The Brain manual, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights laws.

Except as expressly provided in these Terms of Use, no part of the platform and no Content may be copied, reproduced, republished, publicly displayed, encoded, translated, uploaded, posted, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our expressed prior consent.

ACCEPTANCE OF TERMS

On acceptance of above said terms, The Brain manual grants you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Content or our IP Rights. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

You acknowledge and agree that if We disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate or suspend these Terms or your access to our Application and Services.

You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public.

GENERAL TERMS

Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver: The Terms, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency: Acceptance of these terms and conditions merely amounts to acceptance for the purpose of use of the platform. None of the provisions of these Terms shall be deemed to constitute a partnership or agency or consumer or any specific legal relationship between you and The Brain manual and you shall have no authority to bind us in any form or manner, whatsoever.

Governing Law: These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Ahmedabad, Gujarat, India. You agree that all matters relating to your access to or use of the platform, including all disputes, will be governed by the laws as applicable in the Ahmedabad, Gujarat, India. You further agree that only courts of jurisdiction in the Ahmedabad, Gujarat, India shall have exclusive right to entertain any dispute/claim arising out of terms of use of this website. Further you unconditionally submit to the jurisdiction of such courts in the Ahmedabad, Gujarat, India.

Indemnity: You agree to indemnify and hold The Brain manual, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us any third party due to or arising out of or in connection with your use of the Platform.

Disclaimer: We do not promise that the platform of any of its content or service of feature will be error-free or uninterrupted. We do not promise that use of this site shall result in any benefit to you or you will achieve specific results. The website is delivered on an as-is and as-available basis. All information provided on the website is subject to change without any notice. We don’t promise that any data downloaded from the site shall be free of viruses or contamination or destructive features. We deny any warranty of accuracy, non-infringement, fitness or usefulness of any feature of this website or content available therein.

Limitation of Relief: Your sole remedy/relief against the website or any of its content or feature or service is to stop using the platform or its content. This limitation of relief is part of terms of use of this website.

COOKIE POLICY

This Cookie Policy (“Cookie Policy”) is a part of and incorporated within and is to be read along with the Privacy Policy (“Policy”) and Term of Use. The capitalized terms used in this Cookie Policy, but not defined herein, shall have the meaning given to such terms in the Privacy Policy.

WHAT ARE COOKIES AND LOCAL STORAGE?

Cookies are small text files that are placed on your browser or device by websites, apps, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain you are visiting are called “first party cookies.” So, cookies served by Brain manual while you are on the Brain manual Platform are first party cookies. Cookies served by companies that are not operating the domain you are visiting are called “third party cookies.” For eg., we may allow Google to set a cookie on your browser while you visit the Brain manual Platform, and that would be a third party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last only as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies” meaning that they survive after your browser is closed. For example, they may recognize your device when you re-open your browser and browse the internet again. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner.

Local storage is a technology that allows a website or application to store information locally on your device. “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about user interaction with the app and information about the user device and network information.

WHY DO WE USE THESE TECHNOLOGIES?

We use cookies and other identification technologies for various purposes, including: authenticating users, store information about you (including on your device or in your browser cache) and your use of our Services and the Brain manual Platform, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our Services.

DO WE USE THIRD PARTY COOKIES?

We use a number of suppliers that may also set cookies on your device on our behalf when you visit the Brain manual Platform to allow them to deliver the services they are providing. When you visit the Brain manual Platform you may receive cookies from third party websites or domains. More information about these cookies may be available on the relevant third party’s website.

ADDITIONAL INFORMATION ABOUT THIRD PARTY ANALYTICS IN USE ON THE BRAIN MANUAL PLATFORM:

Facebook Connect. For more information about what Facebook collects when you use Facebook buttons on the Brain manual Platform, please see: facebook data policy. Twitter. For more information about what Twitter collects when you use the Brain manual Platform, please see: https://twitter.com/en/privacy. Google Analytics: For more information about Google Analytics cookies, please see Google’s help pages and privacy policy: Google’s Privacy Policy, Google Analytics Help pages.

Please note that this is not an exhaustive list of all third party analytics providers that we work with.

HOW CAN I CONTROL COOKIES?

Most internet browsers are initially set up to automatically accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings. If you disable the cookies that we use, this may impact your experience while on the Brain manual Platform, for example you may not be able to visit certain areas of the Brain manual Platform or you may not receive personalised information when you visit the Brain manual Platform or you may also be unable to login to services or programs, such as logging into forums or accounts. If you use different devices to view and access the Brain manual Platform(e.g. your computer, smartphone, tablet etc) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.

Changing your Cookie Settings: The browser settings for changing your cookies settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.

More information: To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit About Cookies or.www.allaboutcookies.org.

Refund Policy:

There shall be no refund for any products or services by Brain Manual once they are delivered.
In certain exceptional and rare cases, The Brain manual may offer refund, as it may in its sole discretion decide, on the services or products ordered by the Customer via the Brain manual Platform.
Refund of the Product can be made only in those cases where the Product(s) delivered to the Customer do not match the Order requirement; or after due payment the order was not delivered either in the form of a consultancy or a report.

You may initiate the refund request via the support call or you may write to us at hello@thebrainmanual.in
Grievance Redressal Mechanism:

Please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.

• Customer Care Channels

1. For any order related issue, you may first reach out to us via chat support on our app for real time basis resolution.
2. You may write to us at hello@thebrainmanual.in and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.
3. In case you do not receive a satisfactory response from the chat support and as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the complaint filed and we shall address your concern within an estimated time of forty-eight (48) hours.

Details of the Grievance Officer

Name of the Grievance officer: Mrs. M. H. Bhogayata
Grievance Officer: The Brain Manual,
Address P-303, Aarohi Crest, Gala Gymkhana Road, South Bopal, Ahmedabad- 380 058 Gujarat, India
Email address: hello@thebrainmanual.in Call: +91 95994 24490
Time: Monday - Friday ( IST 09:00 a.m. to 18:00 p.m.)