Terms & Conditions

• The User of the web-site brainybatch.com (here in after referred to as "User") must carefully read and agree to the following terms and conditions, including any future amendments (hereinafter collectively referred to as the "Terms & Conditions") before using the web-site brainybatch.com. By using the web-site User is accepting to be bound by the provisions of these terms & conditions, the privacy policy of the Brainybatch ltd.
• These Terms and Conditions and the Privacy Policy Statement which are hereby incorporated as if set forth fully herein, represent the complete agreement between User and Brainybatch for the use of and access to the Services and/or other contents of this website.

Login / Join

• Some areas of the Site require you to be or become a registered user or to provide your information details. When and if a user does the same, he/she agrees to
• Provide accurate, current and complete information as prompted in the registration form or lead form or any such form which requires the user to enter personally identifiable information to proceed further.
• Maintain and update information (including email address) to keep it accurate, and complete.
• A User acknowledges that, if any information provided is untrue, inaccurate, not current or incomplete, Brainybatch reserve the right to terminate this Agreement and the user's use of this web-site. A user is requested to note his/her Application ID & Transactions ID at the time of filling up the application form & making payments. Hereby a user declares that his/her parents are aware of his/her application to colleges via brainybatch.com, and the permission has been granted by them for unconditional use of the same.
• Upon providing his/her information, the User agrees to the following points:
  • Make his/her contact details available to Brainybatch. the User may be contacted by Brainybatch for education / application information through email, telephone and SMS, if the User does not wish to be contacted, he/she shall communicate the same to and necessary action shall then be taken by Brainybatch.
  • Maintain and update information (including email address) to keep it accurate, and complete.
  • Receive promotional mails/special offers from Brainybatch or any of its associate/partner websites.
  • Be contacted by Brainybatch in accordance with the information provided by the User.
  • Brainybatch reserves the right to use the users mobile and demographic information such as age, sex and location to conduct targeted mobile marketing campaigns even for third parties wishing to advertise using our database.
  • Brainybatch also reserves the right to sell this information and also the entire site to a third party if a third party is desirous of purchasing this information. The user shall not have any objection upon any call / SMS / Communication by Brainybatch, by any third party on its behalf or by any other party authorized by Brainybatch in this regard to communicate with the user regarding any matter connected with Brainybatch. Notwithstanding the users registration with National Do Not Call Registry/ Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India (TRAI), the user hereby expresses interest and accords his/her willful consent to receive communication. The user further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines.

Ownership of Materials and Restrictions

• All content on this website, including site layout, software, images, photographs, text, services and other similar materials (collectively, "Materials") are the properties of Brainybatch and are protected under the copyright and other intellectual property laws. The User cannot copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Materials, products or services obtained from our website in any medium to anyone. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Brainybatch. The User may print or download content from the website for personal, non-commercial use only, provided, he/she adhere to all copyright and other proprietary notices of the website. The User cannot use the services on the site to publish or distribute any information (including software or other content/material) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, offensive, profane, pornographic, threatening, or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Brainybatch reserves the right to exercise editorial control over the content/ material that is submitted or distributed through its facilities and/or services. The User cannot, without the approval of Brainybatch use the website to publish or distribute any advertising, promotional material, or invite other users of the website to use any goods or services. Similarly, the User cannot use the website to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

Application Form and Related Materials

• The Institutes Application Form and other information, forms and materials provided through the site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about institutes application form on brainybatch.com. Please necessarily visit the website of the institute and also go through the all the documents and material related to the Application forms & admission, as issued by the institute. Complying with any guideline of institute or in understanding the procedure etc, shall be the sole liability of users only. You also undertake the responsibility to ensure that the details given by you in Application form are complete and correct. Brainybatch shall not be responsible for rejection arising out of any incomplete or incorrect information given while filling up the Application form. The acceptance or rejection of a student for a particular program in a institutes is solely at the discretion of the institute and Brainybatch in no way can / will influence that action. Brainybatch only acts as a means to apply to these institutes and cannot guarantee a successful admission to a institutes arising out of various reasons at the discretion of the institute. All kind of online transactions are resposibility of www.payumoney.com and we are not responsible for any kind of transaction related issues.

Links to Other Sites

• The website may contain links to other sites that are not owned or controlled by Brainybatch. Such links are provided only for the purpose of your convenience. Please be aware that we, Brainybatch and/or the website, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by the website or to our other related websites provided it appears at the footer of the page therein. It does not apply to third party advertisements which appear on our websites and we suggest you read the privacy statements of such advertisers.

Disclaimer of Warranty

• Brainybatch expressly disclaims warranties of any kind for any use of or any access to brainybatch.com , to any material, information, links, or content presented on the website brainybatch.com , to any external website linked thereto, and to any external material, information, links, or content linked thereto including but not limited to personal opinion, expert opinions placed by any users/guests which does not reflect Brainybatch point of view. Neither Brainybatch or its affiliates, nor any third-party content providers or licensors make any warranty whatsoever, including without limitation, that the operation of the website will be uninterrupted or error-free including the server that makes it available, is free from viruses or other harmful components. as to the results that may be obtained from the use of the content or other materials on the website. or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any content, product or service provided on or accessible from the site.
• This website and all content, products and services included in or accessible from this website are provided "as is" and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which brainybatch disclaims to the fullest extent permitted by law. Your use of the site is at your own risk.

Limitation of Liability

• In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall Brainybatch be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential or punitive damages, arising out of any access to or any use of or any inability to access or use this website including any material, information, links, and content accessed through this website or through any linked external website.

Governing Law and Jurisdiction

• These terms and conditions shall be governed by and construed in accordance with the laws of India without regard to its conflicts of law principles. The User agrees to submit to the sole jurisdiction and venue for any dispute that may arise under or in relation to the subject matter in Delhi court jurisdiction, India only.

License Disclaimer

• Nothing on any Brainybatch's website shall be construed as conferring any license under any of Brainybatch's or any third party's intellectual property rights, whether by estoppels, implication, or otherwise.

Content / Materials and Liability

• Brainybatch shall not be responsible for any errors or an omission contained on Brainybatch's website, and reserves the right to make changes anytime without notice. Mention of Brainybatch products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Brainybatch. All Brainybatch and third-party information is available on Brainybatch's is provided on an "as is" basis. Views expressed by the Users are made of their free volition. Brainybatch does not endorse the same. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.

Disclaimer

• All information (including information on colleges, universities, institutions, exams, events etc) on brainybatch.com has been compiled from the respective websites available in the public domain. While every possible care has been taken while creating and compiling the contents and materials, Brainybatch does not take responsibility for the genuineness and authenticity of the contents and materials so provided. Users are advised to check the original (source) websites in case of any doubts. Brainybatch keeps updating the contents/material on its website on regular intervals to ensure high quality.

Refund & Cancellation Policy

• All the monetary transactions done by the user of the site is in lieu with the payment gateway partner of brainybatch.com, and we take no responsibility of any payment discrepancies. Also we have full right to consider and review the refund case, if amount paid by the user is in excess to the number of applications he has applied to. We have complete authority to review the institutes preferences as filled by the user if there is shortfall/excess of payment. Also you are required to note your Transaction ID and receipt no. as provided by the payment gateway to furnish any information or track the payment status of your application form. Any pending amount to be paid by the user will need to be paid before the deadline for the application to the institutes has been reached. Any payment received after that may not result in acceptance of the application as a valid entry by the institutes. Brainybatch cannot be held liable for the same and no refund will be entertained in such cases.

• You can cancel your application and seek refund of any amounts paid within a period not exceeding 15 days from when payments have been made and debited to your account (which could be bank account, via debit card, or credit card account or prepaid digital payment instrument, wallet account).

• If your application hasn't accepted:
• Go to Your Application
• Click Cancel Application
• If you plan to cancel multiple application, select the check box next to each item you wish to remove from the order. If you wish to cancel the entire Applications, select all of the applications
• Click Cancel checked applications when finished

• After submitting the cancellation request, we'll send you a confirmation message along with the refund details to the e-mail address on your account.

• You can also confirm that the order was cancelled by visiting Your Application. If you see the order in the Cancelled Application section, it was successfully cancelled.

• If your application for cancellation and refund is within the 15 day period as outlined above - a 22.5% of total paid amount as processing fee will be levied and the amount as paid less than 22.5% will be refunded.

• If your Application has accepted:
• Go to Your Applications
• Click on Request Cancellation button

• In case your application for admission by a member educational institution on the Brainybatch platform has been accepted by the said institution and the fees have been paid in full and debited to your account (which could be bank account, via debit card, or credit card account or pre paid digital payment instrument, wallet account) and credited to the account of the member educational institution on the brainybatch platform for purposes of admission, this amount will not be refunded.

• The refund will be made to the account that has been used for making the payment and which could be bank account, via debit card, or credit card account or pre paid digital payment instrument, wallet account.

Application Summary

• The information on every application summary would be available in the "user's account" section after the user has made the payment. Any application submitted by the user will be available in their account for a period of three months beyond which we may or may not retain the information on our server.

User Representations

• The User represents that he/she is not under any legal or other disability which limits his/her ability to comply with these above Terms and Conditions of use and Privacy Policy and or any other relevant terms hereto. User shall be solely responsible for maintaining the confidentiality of his/her account and passwords. The User shall be solely responsible for all activities happening under his/her Username whether authorized or not. User agrees to immediately notify Brainybatch of any unauthorized use of his/her Account and Password. Brainybatch reserves the right without prior notice to access, read preserve and/or disclose the personal information of the User including the contents, materials if the same is required:
  • In order to comply with any court judgment / decree / order / directive,
  • By any legal / government authority.
  • By professional / legal advisers, directors, employees / agents / representatives of Brainybatch in connection with these terms or otherwise.
  • For investigating potential violations of the terms herein or applicable national & international laws.
  • For investigating deliberate damage to the Services or its legitimate operation.
  • For responding to service support requests, or
  • Protecting the rights, property or safety of Brainybatch and/or its Directors, employees and the general public at large.

No Resale of Service

• User agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services, from brainybatch.com for any commercial purposes.

Use of Website

• The User represents warrants and covenants that his/her use of the website shall not:
  • Send you marketing / promotional communications.
  • Violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation.
  • Interfere with or disrupt computer networks connected to the website.
  • Impersonate any other person or entity, or make any misrepresentation as to his/her association with any other person or entity.
  • Upload, post, transmit, publish, or distribute any material or information for which he/she does not have all necessary rights and licenses.
  • Upload, post, transmit, publish or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right.
  • Interfere with or disrupt the use of the website by any other user, nor "stalk", threaten, or in any manner harass another user.
  • Upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, or that of other computer systems.
  • Use the website in such a manner as to gain unauthorized entry or access to the computer systems of others.
  • Upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.
  • Upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
  • Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the website, or any component thereof (including, but not limited to any materials or information accessible through the website).
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the website.
  • Take any action that imposes an unreasonable or disproportionately large load on the website infrastructure.
• Brainybatch reserves the right to modify these Terms and Conditions at any time, so please review it frequently at our website.

Indemnity

• By accepting these Terms and Conditions and the privacy policy statement, you agree to indemnify and otherwise hold harmless Brainybatch, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from the following,
  • Your use of the Brainybatch Service.
  • Unauthorized access to or alteration of your communications with or through the Brainybatch Service, or
  • Any other matter relating to the Brainybatch Service.
  • Any reliability or implementation on information which may arise by using this website is the sole responsibility of the users involved.

Payment terms

YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE COMPANY.

• Payments for the services offered by the Platform shall be on a 100% advance basis. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refund, if any, will be at the sole discretion of the Company.
• User hereby irrevocably accepts to receive the tax invoice as soft copy through emails.
• Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Company (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the Company.
• The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
• In the event of any suspension or termination of services on account of non-compliance of these Terms of Use, any payment made to the Company by you shall stand forfeited with immediate effect.
• The User acknowledges and agrees that Company/Platform, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount excess paid by a subscriber/user against any amount(s) payable by User to Company under any other agreement or commercial relationship towards other products/services. The Company gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only.
• The User or customer shall be required to promptly provide copy of TDS certificate to the Company as mandated under law for tax deducted at source from the payments made to the Company. Any loss on account of non availment or disallowance of such TDS credit in view of any lapse as per this clause or as required under applicable law on the part of User or customer shall entitle the company to seek reimbursement or indemnification.
• Users, buying the products online are redirected to third party gateways for completing payment transactions. These transactions happen on third party network and hence not controlled by Company.
• A User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Company assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.
• The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.