Introduction
https://www.ooe.app/ is an online portal,
and OOE App, are owned by Brains Educational Trust, company incorporated in India, for imparting
education in relation to preparation of entrance exams for engineering colleges
and institutions in India through digital modules.
If You do not agree with the Terms or the
Privacy Policy, please do not use the Application or Website or avail the
Services or products. Any access to our Services/Application/products through
registrations/Product License is non transferable.
General
https://www.ooe.app/ (hereinafter, the “Website”) is owned and
operated by Brains Educational Trust (“Company”, “Brains Education ”), a
company incorporated under the Trust Act, having its registered office at Plot
No-79, Lane-5, Bapuji nagar, Bhubaneswar, Odisha-751009 , India. You are
advised to read and understand these Terms carefully as moving past the home
page, or using any of the services shall be taken to mean that You have read
and agreed to all of the policies, which constitute a legally binding agreement
between you and the website. These terms are to be read along with the Privacy
Policy and any other policies on the website. This document is an electronic
record published in accordance with the provisions of the Information
Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
Rules and Regulations, Privacy Policy and Terms of Service for access or usage
of the website and being generated by a computer system, it does not require
any physical or digital signatures. For the purpose of these Terms of Use,
along with any amendments to the same, and wherever the context so requires
“You”, “Your” or “User” refer to the person visiting, accessing, browsing
through and/or using the Website at any point in time. The term “We”, “Us”,
“Our” shall mean and refer to the website and/or the Company, depending on the
context. The headings of each section in this Agreement are only for the
purpose of organising the various provisions under this Agreement in an orderly
manner. These headings shall not be used by either party to interpret the
provisions contained under them in any manner. Further, the headings have no
legal or contractual value. We hold the sole right to modify the Terms of
Service without prior permission from You or providing notice to You. The
relationship creates on You a duty to periodically check the Terms of Service
and stay updated on its requirements. If You continue to use the Website or
avail any of its services without registration following such change, this is deemed
as consent by You to the so amended policies. Your continued use of the Website
and OOE App is conditioned upon your compliance with the Terms of Service,
including but not limited to compliance with the Terms of Service even after
alterations, if any.
Services Overview
The Website and App are online platform
where users can gain access to materials that help them prepare for subjects
such as science, mathematics, english and social studies, Physics, Chemistry,
Biology, Computer Science. The User can register themselves online and then gain
access to the syllabus, questions, etc. (“Study Material”) after paying the
money for the Study Material. The study material shall be free for a limited
time period, for as long as the company sees fit for it to remain free. The
Study Materials shall be unlocked based on the amount paid for such Study
Material, when We decided to charge an amount for the study material. The Users
shall make a Product License for the Study Material from the platform based on
the plans offered by the Us.
Registration
To use the services provided on the website
or App and make purchases/ get a Product License, it is compulsory to create an
account. A User may create an account on the Website/App which shall collect
only Your basic information. To create an account, you need to choose a
username and password. You also have the option of linking your social media
accounts, such as Your Facebook or Google Plus account with the OOE account, to create your OOE Account. You must keep your account and
registration details current and correct for communications related to your
purchases from the Website.
At the time of registration, the Company
shall collect the following personally identifiable information about you: Name
– including first and last name, email address, mobile phone number and other
contact details, demographic profile (like your age, gender, address, etc.,).
If you choose to link your social media account with your OOE Account, we
collect basic information about you from those social media platforms, such as:
name, age, gender, location and e-mail address. Information collected about you
is subject to the Privacy Policy of the Company, which may be read as part and
parcel of these Terms of Use.
You are solely responsible for protecting
the confidentiality of your username and password and any activity under the
account will be deemed to have been done by you. In the event you provide us
with false/inaccurate details or the Company has a reasonable ground to believe
that false and inaccurate information has been furnished, we hold the right to
permanently suspend your account.
Eligibility
Services on the Site would be available to
only select geographies in India. Persons who are “incompetent to contract”
within the meaning of the Indian Contract Act, 1872 including minors,
un-discharged insolvents etc. are not eligible to use the Site.
However, if you are a minor, i.e. under the
age of 18 years and over the age of 13 years, you may use the Site under the
supervision of a parent or legal guardian who agrees to be bound by these Terms
of Use. OOE reserves the right to terminate or refuse your registration,
or refuse to permit access to the Site, if it is discovered or brought to its
notice that you are a minor.
Security
Transactions on the Website are secure and
protected. Any information entered by the User when transacting on the Website
is encrypted to protect the User against unintentional disclosure to third
parties. The User’s credit and debit card information is not received, stored
by or retained by the Company / Website in any manner. This information is
supplied by the User directly to the relevant payment gateway which is
authorized to handle the information provided, and is compliant with the
regulations and requirements of various banks and institutions and payment
franchisees that it is associated with.
License and Access
The Company grants you a limited
sub-license to access and make personal use of the Site, but not to download
(other than page caching) or modify it, or any portion of it, except with
express written consent of the Company. Such limited sub- license does not
include/permit any resale or commercial use of the Site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of the Site or its contents; any downloading or copying of
information for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. Any portion of the Site
may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of the
Company. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of the Website or of the Company and/or its affiliates without
the express written consent of the Company. You may not use any meta tags or
any other “hidden text” utilizing the Company’s name or trademarks without the
express written consent of the Company. You shall not attempt to gain
unauthorized access to any portion or feature of the Site, or any other systems
or networks connected to the Site or to any server, computer, network, or to
any of the services offered on or through the Site, by hacking, ‘password
mining’ or any other illegitimate means.
You hereby agree and undertake not to host,
display, upload, modify, publish, transmit, update or share any information
which:
1.
belongs to another person and to which you do not have
any right;
2.
is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another’s
privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful
in any manner whatever;
3.
harms minors in any way;
4.
infringes any patent, trademark, copyright or other
proprietary/intellectual property rights;
5.
violates any law for the time being in force;
6.
deceives or misleads the addressee about the origin of
such messages communicates any information which is grossly offensive or
menacing in nature;
7.
impersonates another person;
8.
contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer resource;
9.
threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states, or public
order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any other nation; or
10. is misleading or known to
be false in any way.
Communications
By using this Website/ OOE App, it is deemed that you have consented to
receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us
at any time with the use of the telephone number and e-mail address that has
been provided by you for the use of this website which are subject to the
Privacy Policy. The user agrees to receive promotional communication and
newsletters from the Company and its partners.
This includes contacting you through
information received through other parties. The use of this website is also
your consent to receive SMSes from Us at any time we deem fit. This consent to
be contacted is for purposes that include and are not limited to clarification
calls and marketing and promotional calls. The user can opt out from such
communication and/or newsletters either by un registering Product License on
the Website itself, or by contacting the customer services team and placing a
request for un registration of Product License by sending an email to admin@ooe.app .
You may also be contacted by Service
Providers with whom we have entered into a contract in furtherance of our
rights, duties and obligations under this document and all other policies
followed by Us. Such contact will be made only in pursuance of such objectives,
and no other calls will be made.
The sharing of the information provided by
you will be governed by the Privacy Policy and We will not give out such
contact information of yours to third parties not connected with the Website.
Payment
The following payment options are available
on the Application:
1.
Domestic and international credit cards issued by banks
and financial institutions that are part of the Visa, Master Card & Amex
Card networks;
2.
Visa & Master Card Debit cards;
3.
Netbanking/Direct Debit payments from select banks in
India. A list of available options will be made available at the time of the
Purchase.
4.
Payment Wallets
As prescribed by the financial institutions
issuing the credit or debit cards affiliated with Visa / Master Card / Amex,
the User will be required to submit his/her 16-digit card number, card expiry
date and 3-digit CVV number (usually on the reverse of the card) while making
an online transaction. The User must also have enrolled his/her card with VBV
(Verified by Visa), MSC (MasterCard Secure Code) or any other applicable
provider in order to complete the transaction. The User is hereby expressly
made aware that his/her card statements will reflect that a payment has been
made in favour of the Company.
The User is further aware that in case of
third party statements, including bank and credit card statements, the merchant
name may appear in an abbreviated format, and the Company has no control over
the same. To successfully register for Product License on the Website, the
User is required to complete the transaction by making the payment for the
services opted for.
User may be charged a non-refundable
on-boarding fee along with the Product License fee. This is a one-time or
repeated fee based on Product License, is for providing access to the OOE
platform and for guidance on using the platform (e.g., activation help, setting
up student’s syllabus), counselling service if availed, cost for user
verification and cost of payment gateway charges.
User Obligations
You are a restricted user of this website.
1.
You are bound not to cut, copy, distribute, modify,
recreate, reverse engineer, distribute, disseminate, post, publish or create
derivative works from, transfer, or sell any information or software obtained
from the website. With our prior permission limited use may be allowed. 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.
2.
You agree not to access (or attempt to access) the
Website and/or the materials or Services by any means other than through the
interface that is provided by the website. The use of deep-link, robot, spider
or other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website or Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website, materials or any Content, to obtain
or attempt to obtain any materials, documents or information through any means
not specifically made available through the Website. You acknowledge and agree
that by accessing or using the Website or Services, You may be exposed to
content from other users that You may consider offensive, indecent or otherwise
objectionable. We disclaim all liabilities arising in relation to such
offensive content on the Website. Further, You may report such offensive
content.
3.
In places where this website allows you to post or upload
data/information, You undertake to ensure that such material is not offensive
and in accordance with applicable laws. Further, You undertake not to:
1.
Abuse, harass, threaten, defame, disillusion, erode,
abrogate, demean or otherwise violate the legal rights of others;
2.
Engage in any activity that interferes with or disrupts
access to the Website or the Services (or the servers and networks which are
connected to the Website);
·
Impersonate any person or entity, or falsely state or
otherwise misrepresent Your affiliation with a person or entity;
1.
Publish, post, disseminate, any information which is
grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, invasive of another’s privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing including but not
limited to “indecent representation of women” within the meaning of the
Indecent Representation of Women (Prohibition) Act, 1986;
2.
Post any file that infringes the copyright, patent or
trademark of other legal entities;
3.
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;
·
Download any file posted by another user that you know,
or reasonably should know, cannot be legally distributed in such manner;
·
Probe, scan or test the vulnerability of the Website or
any network connected to the Website, nor breach the security or authentication
measures on the Website or any network connected to the Website. You may not
reverse look-up, trace or seek to trace any information on any other user, of
or visitor to, the Website, or any other customer of the website, including any
website Account not owned by You, to its source, or exploit the Website or
Service or information made available or offered by or through the Website, in
any way whether or not the purpose is to reveal any information, including but
not limited to personal identification information, other than Your own
information, as provided for by the Website;
1.
Disrupt or interfere with the security of, or otherwise
cause harm to, the Website, system resources, accounts, passwords, servers or
networks connected to or accessible through the Website or any affiliated or
linked sites;
2.
Collect or store data about other users in connection
with the prohibited conduct and activities set forth in this Section;
3.
Use the Website or any material or Content for any
purpose that is unlawful or prohibited by these Terms of Service, or to solicit
the performance of any illegal activity or other activity which infringes the
rights of this website or other third parties;
·
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 within or outside India;
·
Violate the Terms of Service including but not limited to
any applicable Additional Terms of the Website contained herein or elsewhere;
1.
Violate any code of conduct or other guidelines, which
may be applicable for or to any particular Service;
·
Threaten the unity, integrity, defense, security or
sovereignty of India, friendly relations with foreign states, or public order
or cause incitement to the commission of any cognizable offence or prevent
investigation of any offence or is insulting any other nation;
·
Publish, post, disseminate information that is false,
inaccurate or misleading; violate any applicable laws or regulations for the
time being in force in or outside India;
·
Directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force;
·
Create liability for Us or cause Us to lose (in whole or
in part) the services of Our internet service provider (“ISPs”) or other
suppliers.
You shall not engage in advertising to, or
in solicitation of, other Users of the Website/ App to buy or sell any products
or services, including, but not limited to, products or services related to
that being displayed on the Website or related to us. You may not transmit any
chain letters or unsolicited commercial or junk email to other Users via the
Website. It shall be a violation of these Terms of Service to use any
information obtained from the Website in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. We can (and
You hereby expressly authorize Us to) disclose any information about You to law
enforcement or other government officials, as we, in our sole discretion,
believe it necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal
injury. In order to protect Our Users from such advertising or solicitation, We
reserve the right to restrict the number of messages or emails which a user may
send to other Users in any 24-hour period which We deem appropriate in our sole
discretion. You understand that We have the right at all times to disclose any
information (including the identity of the persons providing information or
materials on the Website) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the
materials posted on the Website. We shall have the right to remove or edit any
content that in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit or letter of these Terms of Service.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event
shall We assume or have any responsibility or liability for any Content posted or
for any claims, damages or losses resulting from the use of Content and/or
appearance of Content on the Website. You hereby represent and warrant that You
have all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortuous,
or otherwise unlawful information.
Copyright and Trademark
The Company, its suppliers and licensors
expressly reserve all intellectual property rights in all text, programs,
products, processes, technology, images, content and other materials which
appear on the Site. Access to or use of the Site does not confer and should not
be considered as conferring upon anyone any license to the Company or any third
party’s intellectual property rights. All rights, including copyright, in and
to the Site are owned by or licensed to the Company. Any use of the Site or its
contents, including copying or storing it or them in whole or part is
prohibited without the permission of the Company.
You may not modify, distribute or re-post
anything on the Site for any purpose. The names and logos and all related
product and service names, design marks and slogans are the trademarks/service
marks of the Company, its affiliates, its partners or its suppliers/service
providers. All other marks are the property of their respective owners. No
trademark or service mark license is granted in connection with the materials
contained on the Site. Access to or use of the Site does not authorize anyone
to use any name, logo or mark in any manner. References on the Site to any
names, marks, products or services of third parties or hypertext links to third
party sites or information are provided solely as a convenience to you and do
not in any way constitute or imply the Company’s endorsement, sponsorship or
recommendation of the third party, the information, its product or services.
The Company is not responsible for the
content of any third party sites and does not make any representations
regarding the content or accuracy of material on such sites. If you decide to
access a link of any third party websites, you do so entirely at your own risk
and expense.
Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to
the maximum extent permitted by applicable law:
The website, services and other materials
are provided by this website is on an “as is” basis without warranty of any
kind, express, implied, statutory or otherwise, including the implied
warranties of title, non-infringement, merchantability or fitness for a
particular purpose. Without limiting the foregoing, OOE makes no warranty that
1.
Your requirements will be met or that services provided
will be uninterrupted, timely, secure or error-free;
2.
Materials, information and results obtained will be
effective, accurate or reliable;
3.
Any errors or defects in the website, services or other
materials will be corrected.
To the maximum extent permitted by
applicable law, we will have no liability related to user content arising under
intellectual property rights, libel, privacy, publicity, obscenity or other
laws. OOE also disclaims all liability with respect to the misuse, loss,
modification or unavailability of any user content.
The user understands and agrees that any
material or data downloaded or otherwise obtained through the website is done
entirely at his/her own discretion and risk and he/she will be solely
responsible for any damage to his/her computer systems or loss of data that
results from the download of such material or data. We are not responsible for
any typographical error leading to an invalid coupon. OOE accepts no liability
for any errors or omissions, with respect to any information provided to you
whether on behalf of itself or third parties.
We shall not be liable for any third party
product or services. The advertisement available on e-mail or website with
respect to the third party website or the products and services are for
information purpose only.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold
harmless this website/company including but not limited to its affiliate
vendors, agents and employees from and against any and all losses, liabilities,
claims, damages, demands, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon) asserted
against or incurred by us that arise out of, result from, or may be payable by
virtue of, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed by you pursuant to
these terms of service. Further, you agree to hold us harmless against any
claims made by any third party due to, or arising out of, or in connection
with, your use of the website, any claim that your material caused damage to a
third party, your violation of the terms of service, or your violation of any
rights of another, including any intellectual property rights.
In no event shall OOE, its officers,
directors, employees, partners or suppliers be liable to you, the vendor or any
third party for any special, incidental, indirect, consequential or punitive
damages whatsoever, including those resulting from loss of use, data or
profits, whether or not foreseeable or whether or not we have been advised of
the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty, negligence or other tortious action, or any other
claim arising out of or in connection with your use of or access to the
website, services or materials.
The limitations and exclusions in this
section apply to the maximum extent permitted by applicable law.
Termination
This User Agreement is effective unless and
until terminated by either you or the Company. You may terminate this User
Agreement at any time, provided that you discontinue any further use of the
Website/App. The Company may terminate this User Agreement at any time and may
do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any
liability to the Company. The Company’s right to any Comments and to be
indemnified pursuant to the terms hereof, shall survive any termination of this
User Agreement. Any such termination of the User Agreement shall not cancel
your obligation to pay for product(s) already ordered from the Site or affect
any liability that may have arisen under the User Agreement prior to the date
of termination.
Hosting of Third Party Information
The website hosts information provided by
third parties. We are in no manner responsible to you for the accuracy,
legitimacy and trueness of the information so hosted. We take reasonable care
to ensure such accuracy but we are not responsible for the information so
furnished. You agree to not hold us liable for the falsification of any such
provided information.
Disputes and Jurisdiction
All disputes involving but not limited to
rights conferred, compensation, refunds, and other claims will be resolved
through a two-step Alternate Dispute Resolution mechanism.
1.
Stage 1: Mediation.In case of a dispute, the matter will first
be attempted to be resolved by a sole mediator who is a neutral third party and
will be selected at the mutual acceptance of a proposed mediator by both
parties. Both parties may raise a name for the sole mediator and in the case
both parties accept the proposed name, the said person shall be appointed as
sole mediator. In case the parties are not able to reach a consensus within two
proposed mediators, the Company reserves the right to decide who the final
mediator is. The decision of the mediator is not binding on both parties.
2.
Stage 2: Arbitration.In case that mediation does not yield a
result suitable or preferred by any one of the parties, arbitration may follow,
the award of which is binding on both parties. The Arbitration Board shall
comprise three members – one appointed by each party and the third member to be
nominated by the two appointed members by mutual consent. Arbitration shall be
held at Mumbai, India. The proceedings of arbitration shall be in the English
language. The arbitrator’s award shall be final and binding on the Parties. If
the dispute cannot be resolved by this two-step Alternate Dispute Resolution
mechanism, it shall be referred to the courts at Mumbai.
If the dispute cannot be resolved by this
two-step Alternate Dispute Resolution mechanism, it shall be referred to the
courts at Mumbai.
Privacy
We encourage you to read the Privacy Policy
and to use the information it contains to make informed decisions regarding
Your personal information. Please also note that certain information,
statements, data and content (such as but not limited to photographs) which You
provide on the Website are likely to reveal Your gender, ethnic origin,
nationality, age, and/or other personal information about You. You acknowledge
and agree that your submission of such information is voluntary on Your part.
Further, You acknowledge, consent and agree that we may access, preserve, and
disclose information You provide to Us at any stage during Your use of the
Website. Disclosures of information to Third Parties are further addressed in
Our Privacy Policy.
Miscellaneous Provisions
1.
Entire Agreement:The terms and conditions set forth in this
Section 3 and any additional or different terms expressly agreed by Client and
Service vendor shall constitute the entire agreement and understanding of
Client and Service vendor with respect to each Service Contract and shall
cancel and supersede any other prior or contemporaneous discussions,
agreements, representations, warranties, and/or other communications between
them. Notwithstanding the foregoing, the Client and Service vendor shall always
remain subject to the terms of the user Agreement.
2.
Waiver:The failure of either party at any time to
require performance of any provision of this Agreement in no manner shall
affect such party’s right at a later time to enforce the same. No waiver by
either party of any breach of this Agreement, whether by conduct or otherwise,
in any one or more instances, shall be deemed to be, or construed as, a further
or continuing waiver of any other such breach, or a waiver of any other breach
of this Agreement.
3.
Severability:If any provision of this Agreement shall to
any extent be held invalid, illegal or unenforceable, the validity, legality
and enforceability of the remaining provisions of this Agreement shall in no
way be affected or impaired thereby and each such provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law. In such
a case, this Agreement shall be reformed to the minimum extent necessary to
correct any invalidity, illegality or unenforceability, while preserving to the
maximum extent the rights and commercial expectations of the parties hereto, as
expressed herein.
Contact Us
If you have any questions about this Agreement, the practices of OOE, or your experience with the Service, you can e-mail us at admin@ooe.app .
TERMS
OF SERVICE
-----
OVERVIEW
This website “ooe.app”
is operated by BRAINS EDUCATIONAL TRUST. Throughout the site, the terms
“we”, “us” and “our” refer to BRAINS EDUCATIONAL TRUST. BRAINS
EDUCATION offers this website,
including all information, tools and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.
By visiting our site and/
or purchasing something from us, you engage in our “Service” and agree to be
bound by the following terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the
site, including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of
Service carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service. If you
do not agree to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools
which are added to the current store shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to our website. It
is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE
TERMS
By agreeing to these Terms
of Service, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any
worms or viruses or any code of a destructive nature.
A breach or violation of
any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right to
refuse service to anyone for any reason at any time.
You understand that your
content (not including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which
the service is provided, without express written permission by us.
The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 - ACCURACY,
COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if
information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain
certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify
the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS
TO THE SERVICE AND PRICES
Prices for our products are
subject to change without notice.
We reserve the right at any
time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to
you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR
SERVICES
Certain products or services
may be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort
to display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor's display
of any color will be accurate.
We reserve the right, but
are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.
We do not warrant that the
quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
SECTION 6 - ACCURACY OF
BILLING AND ACCOUNT INFORMATION
We reserve the right to
refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for all purchases
made at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail, please
review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with
access to third-party tools over which we neither monitor nor have any control
nor input.
You acknowledge and agree
that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools.
Any use by you of optional
tools offered through the site is entirely at your own risk and discretion and
you should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future,
offer new services and/or features through the website (including, the release
of new tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY
LINKS
Certain content, products
and services available via our Service may include materials from
third-parties.
Third-party links on this
site may direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy and we
do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any
harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you
send certain specific submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your
comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the origin
of any comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL
INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation
to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED
USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee,
represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the
results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time to
time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that
your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except
as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall BRAINS
EDUCATIONAL TRUST, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 -
INDEMNIFICATION
You agree to indemnify,
defend and hold harmless BRAINS EDUCATIONAL TRUST and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any
provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 - ENTIRE
AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and
any policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation
of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and
any separate agreements whereby we provide you Services shall be governed by
and construed in accordance with the laws of India and jurisdiction of Bhubaneswar,
Odisha
SECTION 19 - CHANGES TO
TERMS OF SERVICE
You can review the most
current version of the Terms of Service at any time at this page.
We reserve the right, at
our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your responsibility
to check our website periodically for changes. Your continued use of or access
to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT
INFORMATION
Questions about the Terms of Service should be sent to us at admin@ooe.app
