Terms And Condition

By 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. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the website. "Service Providers" mean independent third-party service providers, and "we", "us" and "our" shall mean Brainers Pvt. Ltd.

Introduction

  • www.brainers.in website ("Website") is an Internet based content and e-commerce portal.
  • Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. brainers.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
  • Except where additional terms and conditions are provided whichare product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of brainers.in, you agree to be bound by the Terms and conditions.

User Account, Password, and Security Use of the Site isavailable only to persons who can form legally binding contracts underapplicable law. Persons who are "incompetent to contract" within themeaning of the Indian Contract Act, 1872 including un-discharged insolventsetc. are not eligible to use the Site. If you are a minor i.e. under the age of18 years but at least 13 years of age you may use this Site only under thesupervision of a parent or legal guardian who agrees to be bound by these Termsof Use. If your age is below that of 18 years your parents or legal guardianscan transact on behalf of you if they are registered users. You are prohibitedfrom purchasing any material which is for adult consumption the sale orpurchase of which to/by minors are strictly prohibited. You will receive ausername and password for your account upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Brainers.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Brainers.in cannot and will not be liable for any loss or damage arising from your failure to comply with the above-mentioned guidelines or maintain the security of your account. Services Offered Brainers.in provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands, including those of Brainers.in itself(collectively, "Products"). Upon placing an order, Brainers.in shall ship the product to you and be entitled to its payment for the Services. Privacy Policy The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Brainers.in the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him. The Privacy Policy details can be viewed at our Privacy Policy Document. Limited User The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.Limited reproduction and copying of the content of the Website are permitted provided that Brainers.in name is stated as the source and prior written permission of Brainers.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. User Conduct and Rules You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • Violate any applicable laws or regulations for the time being in force in or outside India
  • Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein

User Warranty and Representation The user guarantees, warrants, and certifies that you are the owner of the content that you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Brainers.in. Exactness Not Guaranteed Brainers.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color, etc. may be required due to limitations caused by the availability of product differences in size charts of respective brands, etc. In this instance, you agree that a representative from Brainers.in will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requestedchange you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Brainers.in may-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this2nd request your order will be canceled and you will be issued a credit voucher against your order value. Intellectual Property Rights