Welcome to BrainBuxa.com
Terms and Conditions
The following terms and conditions, along with all other terms and legal notices located on www.brainbuxa.com (collectively, "Terms"), govern your use of www.brainbuxa.com (the "Website"). If you do not understand and agree to be bound by all Terms, do not use this Website. Your use of this Website at anytime constitutes a binding agreement by you to abide by these Terms.
1. Acceptance of Terms
1.1 BrainBuxa.com ("Brainbuxa", "we" or "us" as the case may be) currently offers online results, notifications, games, job search, institute search, blogs , forums , sms, mobile call, chat , email and photo album services. We may in our discretion add or delete any offered service(s) from time to time.
1.2 By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms and conditions set out herein, including but not limited to any additional or amended terms or condition as applicable from time to time, regardless of how you subscribed to or use the services. You can review the most current version of the tos at any time on this website. Please check the tos periodically for changes.
1.3 By using the services, you represent and warrant that (a) you are 18 years of age. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age.
1.4 If you do not want to be bound by the Terms, you must not subscribe to or use our services.
2. Description of Service
The company currently provides users with a platform for Educational Notifications, finding friends, creating your Discussion Board, posting and sharing Documents; blogging and Forum Participation, Asking and Answering, sharing videos and pictures (which are not protected by copyright law); watch videos and exchange news and views apart from providing a rich guide to study abroad, (the "service"). Unless explicitly stated otherwise, any new features that augments or enhances the current service, including the release of new features by the company, shall be subject to the TOS. You understand and agree that the service is provided on "as is" basis and that the company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications, pictures, videos, information or personalization settings.
In order to use the service, you must have access to the world wide web, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device. Please be aware that you must be at least 18 years of age to become a member of this site and access it.
3. Eligibility
Use of and Membership in the BrainBuxa.com is void where prohibited.
By using the BrainBuxa.com Services, you represent and warrant that
(a) All registration information you submit is truthful and accurate;
(b) You will maintain the accuracy of such information;
(c) You are 18 years of age or older; and.
(d) Your use of the BrainBuxa Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.
4. User Identification
You must choose a User ID and password on completion of registration. You are responsible for all actions taken under your account and shall only use or utilize the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to utilize your User ID or password. We are not responsible, if any other person misuses the service by logging into your account.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to BrainBuxa for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify BrainBuxa.com immediately
6. Privacy and your personal information
6.1 For information about BrainBuxa's data protection practices, please read BrainBuxa’s privacy policy at http://www.brainbuxa.com/privacy.html. This policy explains how BrainBuxa treats your personal information, and protects your privacy, when you use the Services.
6.2 You agree to the use of your data in accordance with BrainBuxa’s privacy policies.
7. Provision of the Services by Brainbuxa.com
7.1 BrainBuxa has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliatesâ€). Sometimes, these companies will be providing the Services to you on behalf of BrainBuxa itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
7.2 BrainBuxa is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which BrainBuxa provides may change from time to time without prior notice to you.
7.3 As part of this continuing innovation, you acknowledge and agree that BrainBuxa may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at BrainBuxa’s sole discretion, without prior notice to you. You may top using the Services at any time. You do not need to specifically inform BrainBuxa when you top using the Services.
7.4 You acknowledge and agree that if BrainBuxa disables access to your account, you may be revented from accessing the Services, your account details or any files or other content which s contained in your account.
8. Use of the Services by You
General Rules :-
A. In order to access certain Services, you may be required to provide information about yourself(such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to BrainBuxa will always be accurate, correct and up to date.
B. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from relevant countries).
C. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BrainBuxa, unless you have been specifically allowed to do so in a separate agreement with BrainBuxa. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) .
D. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
E. Unless you have been specifically permitted to do so in a separate agreement with BrainBuxa you agree that you will not reproduce, duplicate, copy, sell trade or resell the Services for any purpose.
F. You agree that you are solely responsible for (and that BrainBuxa has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BrainBuxa may suffer) of any such breach.
Mobile Services
The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service.
You must be an Indian Resident with an active mobile phone connection in order to use our Mobile Services
BrainBuxa reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this service or any part thereof including charges, at its sole discretion at anytime as may be required in view of business exigencies and/or regulatory or statutory changes.
Your mobile phone number (MSISDN) will be used during the transmission of text messages through the mobile service provider's server for SMS Service.
The subscriber understands that he/she can avail SMS and Call Services at his/her discretion and the said service shall be availed in such options as are made available by BrainBuxa from time to time.
This service is subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority as applicable from time to time.
The SMS or its contents once sent for availing the SMS services shall be treated as final and the same cannot be withdrawn, changed or retrieved subsequently under any circumstances.
Subscription Services provide you with access to certain Content for a selected period of time, which will be as indicated and chosen by you prior to purchase. The frequency with which you will receive the relevant Content will be notified to you at the time you subscribe for the service.
You will not post or transmit any content that is abusive, obscene, racial, sexually oriented or against national interest. BrainBuxa reserves the right to suspend your account if any prohibitive or objectionable content is found and may further initiate appropriate legal proceedings against you.
The SMS / Voice Service is an additional service offered by BrainBuxa . The functions of the Service are dependent on the Operator owning the network to facilitate this service (Operator), for which BrainBuxa does not undertake any responsibility for failure of this network transmission or failure of message transmission for any reasons whatsoever. From time to time, BrainBuxa Limited may include additional features and services.
The users specifically note and agree that the content and service or part thereof may be varied, added, withdrawn, withheld or suspended by BrainBuxa at its sole discretion without prior notice to the users.
By using various Mobile (SMS/Voice) based services from BrainBuxa you agree to receive phone calls, messages etc. from the other users of BrainBuxa for Communication.
It is important to realize that communication should be between known persons. You may not use the BrainBuxa products and/or services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales.
BrainBuxa shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the user using the Service.
No reversal of deducted charges shall be allowed under any circumstances.
The users shall remain solely responsible for all content, information, data originated from the users and transmitted via the Service (content), and the users shall accordingly indemnify Info BrainBuxa and / or the Operator, against all third party claims relating to the users content or due to the users act, negligence or omission.
Message delivery is conditional to Mobile operator's technical infrastructure and its network uptime.
By using various Mobile (SMS/Voice) based services from BrainBuxa you agree to receive phone calls, messages etc. from BrainBuxa and/or its associates tailored to provide with better education related opportunities.
Subscribing or using various paid/free services of BrainBuxa on SMS/Voice either directly or indirectly doesn't in any manner guarantee the user an admissions.
By agreeing to register at Brainbuxa Mobile alerts, a user allows BrainBuxa to get in touch with him/her from time to time on events or offers regarding careers, admissions, jobs and ancillary services on mobile. This can include exciting offers, information, as well as promotions.
This service is live in India only.
Blog, Chat & Forums Service Terms
Among other services, we provide certain Services that allow you to "chat" or contribute content to blogs (weblogs or online journals) and chat rooms, discussion boards, communities and forums.
You may not use the Blog and Chat Service for the purpose of advertising or marketing any business, product or service.
Any content that you provide enters an open, public forum, and is not confidential. You should therefore be careful when deciding to share any of your personal information on the site.
By disclosing personal information such as your name and email address, you acknowledge and understand that this information may be collected and used by other persons to communicate with you.
You may be held legally liable for the content that you provide on the site, for example, where you provide content that is:
protected by copyright or trademark, without the permission of the author or the owner;
defamatory;
illegal;
hateful;
pornographic; or
harmful
Photo, Documents & Video Album Service Terms
All terms stated here in above, especially with respect to, use and liabilities of each party will apply.
We provide a Service that enables Users to store, view and share access to document, photo and video files.
Unless you choose to make your content private, the Photos and Videos stored on our Site are not personal to you and may be readily accessible to, and searchable and distributable by other Internet users.
We also do not guarantee any Intellectual Property Rights, which you may have in photos or videos.
We may impose restrictions from time to time on the amount of Photo or Video files that you are entitled to store.
Restriction
While we are under no obligation to monitor or moderate the contents on site, we reserve the right to monitor or moderate the same at any time should we deem it necessary.
Accordingly, we have no knowledge or liability of the content. Nor do we condone, approve, endorse or support any content on the site.
You accordingly use the Service at your own risk and indemnify us against any liability, loss or damage resulting from the use of the Service.
However, if we are of the view that you are in breach of any of the Terms or the Service terms, we may, without notice to you:
remove the offending content; or
stop or suspend your use of the Blog and Chat Service and/or any other Service; or
take any appropriate action against you.
Copyright
You may retrieve, store, cite or refer to or print Content from any of our websites for educational, research, non-commercial, private or personal use only as provided for under Indian law.
You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.
You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.
You will comply with all national and international laws pertaining to Intellectual Property Rights.
Limitation of Liability
You expressly understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or pictures and videos downloaded, transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct or behaviour of any third party on the service; or (v) any other matter relating to the service.
Ownership of Content
BrainBuxa does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post on to BrainBuxa. After posting your Content to the BrainBuxa, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through BrainBuxa, you hereby grant to BrainBuxa a limited global license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through our Services. The user also agrees to allow BrainBuxa to earn any money through way of ads being shown on the pages where the content is displayed. Without this license BrainBuxa would be unable to provide it’s Services. The user agrees not to charge BrainBuxa for the limited license. If the user intends to, we request the user to immediately take his/her content off the website. BrainBuxa also retains the right to sublicense its services and thus the content posted on BrainBuxa without any liability to the content owners.
BrainBuxa contains Content of Users and other BrainBuxa licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through BrainBuxa.
Other information posted by BrainBuxa is completely owned by BrainBuxa and its licensors. Users are strictly prohibited from copying, replicating this content for any purposes. All content, services, applications are protected by copyright, trademark, patent and other local laws.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that BrainBuxa has no control over such sites and resources, you acknowledge and agree that BrainBuxa is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BrainBuxa shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resources.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.
BrainBuxa grants you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BrainBuxa for use in accessing the Service.
DISCLAIMER OF WARRANTIES :-
You expressly understand and agree that:
A. Your accessing or use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. BrainBuxa and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that
(i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) The service will be accessible at any time or at all times via the channel selected or used by you,
(iv) The information, content or advertisements (collectively, the "materials") contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable,
(v) The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service ("the products") will meet your expectations
(vi) Any errors in the software will be corrected.
C. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
D. Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service or materials. The materials are provided or made available by us on an “as is†basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.
E. No advice or information, whether oral or written, obtained by you from BrainBuxa or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the service shall create any warranty not expressly stated in the tos.
Advertisement
BrainBuxa provides free services to the Registered users. Delivering contextual advertisements and related links is the key to provide our Users this free service. Various advertisers sponsor free BrainBuxa messages and Voice Calls so that the users tend to get sponsored ads at the end of the User posted messages and/or Advertisement Messages with Voice Calls.
Advertisements placed on the site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that BrainBuxa has the right to run such advertisements and promotions.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
Modifications to Service
You agree that the company may at any time, on its sole discretion, modify, suspend or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that the company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Termination
Notwithstanding the fact that company provides you with the service as stated supra, you acknowledge and agree that the company, in its sole discretion, may at any time remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if the company believes that you have violated or acted inconsistently with the letter or spirit of the tos or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the service under any provision of these tos may be effected without prior notice, and acknowledge and agree that the company may immediately deactivate or suspend your membership and deactivate or delete all your personal information and files contained in your account and/or bar any further access to such files or the service. Further, you agree that the company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the service.
Disputes
If there is any dispute about or involving BrainBuxa, you agree that the dispute shall be governed by court of Jaipur Rajasthan, India without regard to conflict of law provisions. Either BrainBuxa or you may demand that any dispute between BrainBuxa and you about or involving BrainBuxa must be settled by arbitration utilizing, provided that the foregoing shall not prevent BrainBuxa from seeking injunctive relief in a court of competent jurisdiction.
Indemnity
You agree to indemnify and hold BrainBuxa, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BrainBuxa in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the our Website or through the Services causes BrainBuxa to be liable to another.
Other
This Agreement is accepted upon your use of BrainBuxa or any of the BrainBuxa Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BrainBuxa regarding the use of BrainBuxa. The failure of BrainBuxa to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
