BrainQuotient Website User Terms and Conditions

Important terms:

Site/We/Us: refers to BrainQuotient  

User/Users/User(s)/Visitor(s): refers to anyone who browses the Site

His or her: refers to the User

The Contract

The actions performed like entering, browsing, downloading, copying or otherwise usage of this Site and/or any information or material from this Site is upon and subject to the Terms & Conditions mentioned below.  User is therefore requested to read the Terms & Condition, especially the Privacy and Cookie Statement, carefully before using this Site.

By accessing, entering and Using this Site, the User shall be deemed to have read and understood these Terms and the Use shall constitute your accepted hereof. If the User is not willing to abide by the Terms & Conditions outlines here, he/she must cease Using the Site immediately. Different areas of the Site may have different terms of use. In case of a conflict between the Terms of Use and terms of use for a particular area of the Site, the latter shall have precedence with respect to your use of that area of the Site. Kindly note that these Terms may be changed from time to time, in our discretion, and Users of the Site are advised to regularly read the published terms and conditions for possible changes.

General

The Site and the content thereof is owned and operated by BrainQuotient, a company having headquarters at New Delhi (India).

The Site also contains several sub-sites dedicated to the various business units and/or affiliates and subsidiaries of BrainQuotient. Any reference in the outlined Terms & Conditions, the Site or the sub-sites to BrainQuotient, "Group", "company", "we", or "us"; shall mean BrainQuotient, and/or its affiliates and subsidiaries, including its Directors and officers.

Contents of Site

The Site, and all content, materials, information, software, products and services provided on the Site, are provided on an "as is" and "as available" basis. BrainQuotient expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  The content on this Site is the exclusive property of BrainQuotient. The software, text, images, graphics, video and audio used on this site belong to BrainQuotient.

Allowed Use and un-permitted misuse

Unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws, and could attract criminal or civil penalties. Copying, modifying, reproducing, republishing, uploading, transmitting, posting and/or distributing in any form without prior written consent from BrainQuotient will attract penalty. Users may only access and Use the Site for legitimate personal and/or commercial and/or other lawful purposes and may NOT Use or misuse the Site or any Information, services or products for harmful and/or illegal and/or unlawful purposes such as:

1.  Transmitting of any unsolicited and unauthorized promotional material or any other form of similar solicitation ("spam").

2. Knowingly transmit any data that contains viruses, spyware or other harmful program.

3. Disclosing, sharing or publishing material that may infringe on any persons intellectual property rights, or may be offensive, defamatory or otherwise prohibited.

4. Tampering, hacking, modifying or otherwise attempting to corrupt any security or authentication measures.

No Warranties and Disclaimer

BrainQuotient does not warrant or makes any representation as to the Site and/or in relation to the Information, and Users shall enter the Site and Use the Information at your own choice and risk, as set out in these Terms. While BrainQuotient will use reasonable efforts to ensure that the Information is accurate and up-to-date; it is the sole responsibility of the Users to evaluate, interpreted and where necessary to make further enquiries and independently verify the Information prior to the use or reliance thereon.

BrainQuotient  expressly disclaims any representations or warranties of any kind, whether express or implied, as to the accuracy, currency, completeness and/or the merchantability or fitness for a particular purpose of any information contained on or provided via this site and/or any service or product described or promoted on this site.

No Liability

BrainQuotient accepts no liability for any damages, loss or injury of any kind in any way resulting from or in connection to your access to, or inability to access to this Site, nor from the Use or your reliance on any Information provided on or via this Site, including but not limited to viruses that may infect your computer equipment, software or data, to the fullest extent that such liability can be excluded by law. BrainQuotient  shall further not be liable for damages resulting from the use of electronic means of communication, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Privacy and Cookie

We appreciate your interest in the Site and your right to privacy is important to us. BrainQuotient is committed to protecting your privacy on this Site and we shall take reasonable steps to ensure that the storage and transfer of your data through the internet are secured by means of the current usual techniques. This applies to all personal information automatically gathered or collected by "cookies" that allows the Site to communicates with the visitor's computer during visits. BrainQuotient, however, does not represent or make any warranties that your data shall be 100% safe or secure.

Cookies:
BrainQuotient reserves the right to store “cookies” on your computer when you visit our Site, register for any service and/or make enquiries without prior notification, for managing visitors’ database. Most Internet browsers are set to accept these cookies automatically and the User may determine cookie use independently through the browser settings.

The type of information BrainQuotient collects as a result of a cookie is specific to User’s computer and may include the Internet Protocol (IP) address; the date and time the User accessed the Site. The Site does this for:

· Monitoring the usage and usefulness of our website

· Statistical purposes

· Sending information pertaining to new products/services etc.

The User may set his browser to notify him when he receives a cookie and/or to block or refuse receiving it. Be aware that in such event the User might not be able to use all Site features.

Collection of data and use thereof:
Site collects personal data when the User provides it through registration, completion of forms or e-mails, as part of an order for products or services, inquiries or requests or other circumstances in which the User has chosen to provide information to the Site.

Such data shall be processed for the purposes of responding to and/or processing a request from User for information or advice, and providing an optimal service by sending the User information about our company and our (new) products or services, which suit User’s registered interest. For this purpose, the Site may share User data to its affiliates which will also process and treat User data in accordance with this Privacy and Cookie statement.

Linked Sites

This Site may provide links or references from or to other external websites. BrainQuotient disclaims any responsibility or liability for the content of such other sites. Please be aware that the Privacy and Cookie Statement mentioned above does not apply to the collection and processing of your data on such other sites. BrainQuotient shall not be liable for any damages or injury of any kind arising from your access to, or inability to access or use of such other sites and the information provided thereon, nor from your use of or reliance on any information provided on such other sites. Any links to such other sites are provided merely as a convenience to the users of this Site.

Hence, BrainQuotient is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. BrainQuotient shall not be responsible for any loss or damage of any sort User may incur from dealing with any third party.

Information provided by Users

BrainQuotient reserves the right to use or copy all communications, information and/or materials provided or placed on or transmitted to or through the Site by the User in any enquiries and/or exchanges with the Site (" Materials"). By sending such Material to the Site, User consents to the use thereof by BrainQuotient in its discretion. BrainQuotient does not seek any sensitive, proprietary or confidential information from visitors. User must exercise caution and good judgment. BrainQuotient suggests that the User does not provide Materials of such nature on the Site. User hereby indemnifies and holds BrainQuotient harmless from and against all actions, claims and liabilities, in any way suffered, incurred or sustained by BrainQuotient as a result of the use and/or exploitation of such Materials.

Products and services

All Information supplied on or via this Site by or on behalf of BrainQuotient in relation to its products and services, whether in the nature of data, recommendations or otherwise, is believed to be reliable, but it remains the responsibility of the User(s) to verify and confirm the completeness and currency of such information, products or services. The selling of all products and services by BrainQuotient are subject to the relevant BrainQuotient standard contractual terms and conditions of sale; which is freely available upon request. BrainQuotient assumes no other liability in respect of the use of the products and services, otherwise as set out in these contractual terms.

Intellectual Property

Unless expressly otherwise indicated, all intellectual property including but not limited to copyrights in and to the content, trademarks, logos, trade names and other proprietary information  provided on or via this Site (whether in text, images and other materials) are owned by or have been licensed to BrainQuotient  and as such are protected by law. BrainQuotient permits the User to use any material/data from this Site only for allowed personal use or non-commercial and informational purposes as explained above, and subject to the following further conditions:

• no part of this website may be distributed or sold for commercial gain or for political purposes;
• no part of this website may be modified in any respect
• The copyright notice (“from www. BrainQuotient.com”) must appear on every copy or portion thereof and the date of copying.

The prior written consent of BrainQuotient is required for any other than set out above use of intellectual property contained in this Site and all information provided on or via this Site and any misuse of its content is strictly prohibited.

Nothing on this Site should be construed as granting any license or right in or to any trademark, patent or any other intellectual property right of BrainQuotient. In particular no User shall be entitled to use the BrainQuotient trademarks and names; and/or to make any hypertext links to other websites without our prior written consent. By Using this Site, the User, acknowledges not to acquire any ownership rights whatsoever by downloading and using any material from the Site.

Without prejudice to any other criminal or civil remedies available to BrainQuotient, BrainQuotient reserves the right to bar any User on a temporary or permanent basis if the User is suspected of committing any infringement and/or Using the Site for purposes and in ways allowed by the Terms.

Applicable Law, Jurisdiction

This Site can be accessed from various countries around the world. As each of these countries has laws that may differ from those of India, by accessing this website the User agrees that the laws of Democracy of India (without giving effect to its principles of conflict of law) shall apply to all matters arising from or relating to the use, the contents of this Site or Information provided to or Materials by the User via this website. The User hereby irrevocably agrees to submit to the exclusive jurisdiction of the competent courts of India with respect to such matters.

While BrainQuotient makes reasonable endeavors to ensure that the Site and the Using hereof comply with applicable laws, we make no warranty or guarantee that Information available on it or these Terms fully comply with applicable laws.

General

Severability:
If any of these Terms become partially void, the parties will continue to be bound by remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and purport of these User Terms and Conditions.

Waiver:
Any failure by BrainQuotient  to exercise or enforce any right or provision hereof shall in no way constitute a waiver of such right or provision.

Entire agreement:
These Terms constitute the entire agreement between BrainQuotient  and the User and shall take precedence over any disclaimer and/or notice attached to any communication and/or posting received from the User.

The BrainQuotient logo, AID and certain other trademarks and logos appearing on this website are trademarks or registered trademarks of BrainQuotient.

BrainQuotient, 2008