Terms And Condition

Term Condition

Term and Condition

By subscribing to orusing any of our services you agree that you have read, understood and arebound by the Terms, regardless of how you subscribe to or use the services. Ifyou do not want to be bound by the Terms, you must not subscribe to or use ourservices. In these Terms,references to "you", "User" shall mean the end useraccessing the Website, its contents and using the Services offered through theWebsite. "Service Providers" mean independent third party serviceproviders, 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 acceptancewithout modification of all the terms, conditions and notices contained inthese Terms, as may be posted on the Website from time to time. brainers.in at its sole discretionreserves the right not to accept a User from registering on the Website withoutassigning any reason thereof.
  • Except where additional terms and conditions are provided whichare product specific, these terms and conditions supersede all previousrepresentations, understandings, or agreements and shall prevailnotwithstanding any variance with any other terms of any order submitted. Byusing the services of brainers.in, you agree to be bound by the Terms andConditions.

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 confidentialityof the password and account, and are fully responsible for all activities thatoccur 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 ofsecurity, and (b) ensure that you exit from your account at the end of eachsession. Brainers.in cannot and will not be liable for any loss or damagearising from your failure to comply with the above mentioned guidelines ormaintain security of your account. Services Offered Brainers.in providesa number of Internet-based services through the Web Site (all such services,collectively, the "Service"). One such service enables users topurchase original merchandise such as clothing, footwear and accessories fromvarious 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 entitledto its payment for the Services. Privacy Policy The User hereby consents,expresses and agrees that he has read and fully understands the Privacy Policyof Brainers.in the Website. The user further consents that the terms andcontents of such Privacy Policy are acceptable to him. The Privacy Policydetails can be viewed at our Privacy Policy Document. Limited User The User agrees andundertakes 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 is permittedprovided that Brainers.in name is stated as the source and prior writtenpermission of Brainers.in is sought. For the removal of doubt, it isclarified that unlimited or wholesale reproduction, copying of the content forcommercial or non-commercial purposes and unwarranted modification of data andinformation within the content of the Website is not permitted. User Conduct and Rules You agree and undertaketo use the Website and the Service only to post and upload messages andmaterial that are proper. By way of example, and not as a limitation, you agreeand undertake that when using a Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate thelegal rights of others;
  • Publish, post, upload, distribute or disseminate anyinappropriate, profane, defamatory, infringing, obscene, indecent or unlawfultopic, name, material or information
  • Upload files that contain software or other material protectedby intellectual property laws unless you own or control the rights thereto orhave received all necessary consents
  • Upload or distribute files that contain viruses, corruptedfiles, or any other similar software or programs that may damage the operationof the Website or another's computer
  • Conduct or forward surveys, contests, pyramid schemes or chainletters;
  • Download any file posted by another user of a Service that youknow, or reasonably should know, cannot be legally distributed in such manner
  • Falsify or delete any author attributions, legal or other propernotices or proprietary designations or labels of the origin or source ofsoftware or other material contained in a file that is uploaded
  • Violate any code of conduct or other guidelines, which may beapplicable for or to any particular Service
  • Violate any applicable laws or regulations for the time being inforce in or outside India
  • Violate any of the terms and conditions of this Agreement or anyother terms and conditions for the use of the Website contained elsewhereherein

User Warranty and Representation The user guarantees,warrants, and certifies that you are the owner of the content which you submitor otherwise authorized to use the content and that the content does notinfringe upon the property rights, intellectual property rights or other rightsof others. You further warrant that to your knowledge, no action, suit,proceeding, or investigation has been instituted or threatened relating to anycontent, including trademark, trade name service mark, and copyright formerlyor currently used by you in connection with the Services rendered by Brainers.in. Exactness Not Guaranteed Brainers.in herebydisclaims any guarantees of exactness as to the finish and appearance of thefinal Product as ordered by the user. The quality of any products, Services,information, or other material purchased or obtained by you through the Websitemay not meet your expectations. Alterations to certain aspects of your ordersuch as the merchandise brand, size, colour etc. may be required due tolimitations caused by availability of product difference in size charts ofrespective 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 yousubmitted when placing your order. If you do not agree with the requestedchange you retain the right to reject the requested production change byreplying to it within 10 days of it being sent to you. Brainers.in mayre-request that you accept a production alteration one additional time if analternative method to send your merchandise is available. If you reject this2nd request your order will be cancelled and you will be issues credit voucheragainst you order value. Intellectual Property Rights


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