Terms and Conditions brainvibe app manu suraj November 6, 2021
Terms of Use
  1. General

1.1 The Terms of Use is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder as amended from time to time. 1.2 The terms “we/us/our” shall refer to brain vibe ,  we are online Community  Located at  Brain vibe Ernakulum, Reg.No: UDYAM- KL-02-0016-405.  , Kerala – 683516, and the terms “you/your” shall refer to the users and any other persons accessing or seeking to use the Platform (defined below).

1.3 This Terms of Use is a legally binding document between you and us which governs the usage, collection, protection and sharing of any information that you provide us, when you access and/or use our mobile application, Brainvibe (or “App”) (collectively, the “Platform”).

1.4 The Terms of Use, the Privacy Policy, the Disclaimer and any other applicable polices (the “Policies”), as updated from time to time, govern the relationship and transactions between you and us, in relation to the access and/or use of the Services offered through the Platform.

1.5 Please read the terms and conditions of the Terms of Use fully before using, signing up on the Platform or accessing any material, information, content or availing Services through the Platform. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Terms of Use. By agreeing to the Terms of Use, you represent and warrant that you are at least the age of majority in your state/province/country of residence,  and you have given us your consent to allow any of your minor dependents to use our Services. You also represent and warrant to us that you will use the Platform in a manner consistent with any and all applicable laws and regulations.

1.6 Upon your consenting to the Terms of Use and other Policies (which are incorporated by reference into this Terms of Use), we hereby grant you a limited, personal, revocable, non-assignable, non-transferable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this Terms of Use and our other Policies.

1.7 This Terms of Use is an electronic document and does not require any physical, electronic or digital signature. By accessing or using the Platform, you indicate that you understand, agree and consent to the terms and conditions contained in this Terms of Use. If you do not agree with the terms and conditions of this Terms of Use, please do not use this Platform.

1.8 We reserve the right to amend the terms and conditions of this Terms of Use from time to time. You agree that the amended terms and conditions of this Terms of Use shall be effective on the date they are posted on the Platform. It will be presumed that you have received such notice of amendment if and when you access the Platform after the notice of amendment to this Terms of Use has been placed on the Platform. By using the Platform or using the Services after such amendments have been made, you assent to and will be bound by the revised Terms of Use.

  1. You are aware and you accept that all information, content, materials, products on the application is protected and secured.
  2. You understand and accept that you are allowed to track your financial life through the use of Application. You agree that you will be allowed to make any transaction through the Application when you complete the KYC process and provides the complete information including personal information in accordance with the Know your client (“KYC”) guidelines issued by Securities and Exchange Board of India or any other regulator/government authorities/agencies/AMCs from time to time.
  3. You acknowledge that you will be responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under Your account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly inform Us immediately in case of any actual or suspected unauthorized use of Your Account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
  4. You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either Brainvibe or its respective third-party vendors. The permission given by Brainvibe to access the application will not convey any proprietary or ownership rights in the above software/hardware.
  5. You understand and accept that not all the products and services offered on or through the Application are available in all geographic areas and you may not be eligible for all the products or services offered by Brainvibe or third party providers on the Application. Brainvibe and such third party providers reserves the right to determine the availability and eligibility for any product or service offered on the application.
  6. You understand and accept that Brainvibe is not responsible for the availability of content or other services on third party sites linked from the application. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Brainvibe in any way. Brainvibe does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
  7. You agree that transactions made through Brainvibe Application shall be through your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications of Income tax Act, Anti money laundering laws, Anti-corruption laws or any other applicable laws.
  8. You agree to provide your explicit consent to fetch your credit data from CRIF High Mark/Experian or any other credit Bureaus on a month to month basis.
  9. You agree that you will not use the application for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the application in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application. You hereby represent and warrant that you shall make use of the Application as a prudent, reasonable and law abiding citizen and you shall comply with relevant necessary laws.
  10. Brainvibe reserves the right in its sole discretion to delete, block, restrict, disable, suspend your account or part thereof. If the User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e abusing any of the representatives of the organization, indulge in fraudulent activities on the Application, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organization’s reputation these activities may be referred to appropriate legal authority for a legal recourse.
  11. Additionally, by continuing using the Application or Services of Brainvibe you are confirming that:

(a) You are 18 years of age or older and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If Brainvibe learns that we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that a person under 18 may have provided us with personal information, please contact us at care@brainvibe.in

(b) You have read and understood the Privacy Policy published on the website and mobile applications of Brainvibe. The information you provide when you register on the Application is true and correct. In the event, your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact us immediately at care@brainvibe.in

(c) You shall notify Brainvibe of any material change in your personal information and/or profile. Brainvibe would rely on the most recent information provided by you.

(d) You agree to be contacted by Brainvibe and its employees and partners over phone and/or E-mail and/or SMS or any other form of electronic communication in connection with your registration, advisory and transactions. This consent overrides any registration for DNC/NDNC. You agree and confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from Brainvibe. You agree to take steps to deregister from the DND list and shall not hold Brainvibe liable for non-receipt of SMS. You can always opt to stop receiving any or all such communications by writing to  care@brainvibe.in  . You can also delete your account at any point of time by writing to  care@brainvibe.in

 

Services

The Application offers the Services to the Users which include, the advisory services to the Users relating to investing in, purchasing, selling or otherwise dealing in securities or investment products, and advice on investment portfolio containing securities or investment products. 

Please also note that there are other financial products and services, such as, loans, Stocks, fixed deposit creation, Insurance etc. manufactured and/or distributed by third party providers, offered by or through the Application. However, it is, hereby, expressly clarified that any or all interaction, communication, dealing, or transaction between the Users and such third party provider in respect of availing of any products/services offered by the third party provider forms a separate and independent transaction between the User and such third party provider without any liability accruing to or on us for any matters arising out of or in relation to the same.

The User hereby agrees and acknowledges that all the decisions of the User, notwithstanding the Services rendered by Us, in relation to buy, sell, hold or otherwise deal in the investment securities shall be based on User’s own independent evaluation of the risks and rewards of the investments and User’s own verification of all the relevant facts, including financial and other circumstances and a proper evaluation thereof. 

Neither We nor any of our employees or agents shall be liable for any advice or representation made by it/him/her under this Agreement and it will be the User’s responsibility to make an independent assessment pursuant to the availing/using of the Application/Services or availing any product or services from the third-party provider.

You acknowledge and agree that We do not guarantee that availing of the Services from the Application will result in profits or avoid losses or meet the objectives, including the investment objectives, of the User or that availing/using of the Services/Application will not at any time be affected by adverse tax consequences, technical failures, timely regulatory compliance to a new law. We will not be liable to the User for any error of judgement or loss suffered by the User in connection with the Services provided to the User.

Brainvibe does not disburse loans on its own but we enable you to compare the best possible options and apply for loans to various banks and NBFCs (Non-Banking Financial Corporation) in the Indian Market. You acknowledge that the loan rates vary from bank to bank and it is dependent on your credit profile and the loan/policies/scheme you decide to opt for. Brainvibe has nothing to do with the rates offered by Banks/NBFCs.

You agree and understand that by availing the Services you shall be bound by Our Privacy Policy and your information provided on the Application shall be shared with our Group Companies and Business Partners, which shall store your data within Indian jurisdiction as per applicable laws. 

Brainvibe Reward terms

These terms and conditions are specific to your access and participation in various rewards programs or schemes introduced and offered by Brainvibe from time to time (Rewards Scheme). By accessing or participating in these Rewards Schemes, you agree to the following terms and conditions and give your explicit consent after having read the terms in their entirely.

It is clarified that the Rewards Schemes are offered to the Users on an “as is” basis and without warranty or condition. The Rewards Scheme(s) may not be uninterrupted or error-free and in this respect, the User waives all special, indirect and consequential damages against Brainvibe.

General terms of Reward Schemes

  1. Brainvibe reserves the right, at its sole discretion, at any time and without prior notice to you, to change, alter, modify, add, discontinue or withdraw the Brainvibe Coins that Brainvibe issues from time to time. 
  2. Brainvibe’s decision regarding granting and estimation of Brainvibe Coins under the reward schemes shall be final, conclusive and binding upon you not owing to any further dispute. 
  3. Your profile needs to be verified on your Brainvibe account
  4. Nothing contained herein shall be construed to be binding on Brainvibe to introduce a new Reward scheme after the expiry/termination of the current scheme. Brainvibe shall upon its sole discretion introduce a new Reward scheme. 
  5. Brainvibe in its sole discretion shall notify the validity of the Brainvibe Coins from the date of it’s credit in Brainvibe account. Provided however that your Brainvibe Coins will expire in 365 days from the date of credit of Brainvibe Coins in your Brainvibe account. 
  6. Brainvibe also reserves the right to discontinue the Reward Schemes without assigning any reasons or without any prior intimation whatsoever. Nothing contained herein shall amount to a commitment or representation by Brainvibe to continue the Reward Schemes.
  7. Brainvibe awards accelerated Brainvibe Coins to its Pro members
  8. A communication/ notice/ complaints / claims pertaining to rewards that are offered to you under the Reward Schemes shall only be entertained, within 10 days of delivery of such products/ services/ rewards to you. Any claim made after 10 days thereafter shall not be entertained by Brainvibe. The existence of a dispute, if any, regarding the rewards shall not constitute a claim against Brainvibe.
  9. If you are a pro member of Brainvibe or you have reffered a pro member , then you are eligible for an extra coin based on the discretion of Brainvibe.  This may also be changed.
  10. Upon the usage of Brainvibe Coins, you shall not hold Brainvibe responsible for any damages, costs, expenses, charges, actions, claims, demands, losses and liabilities
  11.  Brainvibe is not responsible for any taxation liability for any User that may arise on account of redemption of Brainvibe Coins.
  12. Brainvibe reserves the right, at its sole discretion, at any time and without prior notice to you, to change, alter, modify, add, discontinue or withdraw the monthly and annual limits applied on redeeming Brainvibe Coins in brainvibe store.
  13. Brainvibe reserves the right to nullify the Brainvibe Coins earned by you under the respective Schemes in case of Brainvibe induced closure of your Brainvibe account or the termination / cancellation / deletion of your Brainvibe account or the termination/cancellation of the respective Scheme.
  14. Brainvibe does not guarantee and make any representation about the quality, usefulness and worthiness of the rewards and shall not be responsible if the same are in any way found to be defective.
  15. The monetary value of each Brainvibe Coins  differs with the redemption option and is subject to change. Brainvibe reserves the right, at its sole discretion, at any time and without prior notice to you, to change, alter, or modify, the value of each Brainvibe Coins for a redemption option.
  16. Your Brainvibe Coins will expire in 365 days from the date of being credited to your Brainvibe Coins balance. 
  17. Brainvibe reserves the right to cancel the reward credit if the User has accumulated Brainvibe Coins through any fraudulent way or use of any robot, spider or other automatic device or in violation of any of these Terms.

Brain vibe Store:

  1. Brainvibe is not responsible for the products and services provided by third parties/ partners in Brainvibe store. Currently we are in a beta testing period. So the products are now launched for limited users. Brain vibe coins can be used by a limited people who have access to store.
  1. Brainvibe reward points earning program allows you to use your accumulated Brainvibe Coins to purchase from Brain vibe stores
  2. Your profile needs to be verified on Brainvibe account
  3. The decision to purchase Products and servers from brain vibe store   is solely based on your decision.
  4. All decisions with regards to crediting Brainvibe Coins, crediting rewards, and all are made by Brainvibe in its sole discretion and are final and not subject to appeals.
  5. Brainvibe reserves the right to amend, modify or vary any of the terms stated herein at any time in its sole and absolute discretion and any such amendment, modification or variation shall take into effect and bind you from such date as may be prescribed by Brainvibe.
  6. You agree that the following activities are expressly prohibited and engaging in any of these will lead to the initiation of legal and criminal action, deletion of your Brainvibe account,:
    1. Spam, bulk distribution of invitations, distribution to strangers, or any other promotion of Brainvibe accounts  offer through invitations that would constitute or appear to constitute unsolicited commercial e-mail, SMS, publishing any article or content about Brainvibe products, services, etc.
    2. Advertisement of any kind in any form on any medium print, audiovisual form, web, etc including social media (Facebook, Twitter, Whatsapp, Instagram, youtube, etc), or spam under any applicable law or regulation.
    3. Fraud, attempted fraud or abuse of the Brain vibe store  or these Terms & Conditions.
    4. Organizing competitions, contests online, posting content about Brainvibe, etc.
    5. Any act or omission resulting in damage to Brainvibe in any form whatsoever in nature.
Referrals
  1. Your profile needs to be verified on your Brainvibe account to be able to refer a friend to join Brainvibe.
  2. Brainvibe reserves the right, at its sole discretion, at any time and without prior notice to you, to change, alter, modify, add, discontinue or withdraw the conditions to refer a friend to Brainvibe.
  3. You will receive the referral reward only when the referred party profile is verified on their Brainvibe account
  4. Brainvibe reserves the right, at its sole discretion, at any time and without prior notice to you, to change, alter, modify, add, discontinue or withdraw the definition of a successful referral.
  5. This offer cannot be combined with any other offer.
  6. Referrals of your immediate family relation are not valid & will not be counted for any benefits.
  7. You will earn rewards for referring up to 50 people in a calendar year (i.e a period of 12 months starting from January 01 to December 31). For every person who joins Brainvibe using your invite after 50 people have already joined Brainvibe on your invite, you will not receive any rewards. However, the referred party will earn rewards for joining Brainvibe only if they meet the terms mentioned above.
  8. A referral link is only valid for 30 days. For all Users who join Brainvibe via a referral link that was generated over 30 days ago, neither the referrer nor the referred party will earn any Brainvibe Coins.
  9. Brainvibe reserves the right to amend this offer and these terms and conditions at any time without prior notice. The decision of Brainvibe on all matters relating to, or in connection with the use of this offer shall be final and binding on all parties concerned.
  10. You agree that the following activities are expressly prohibited and engaging in any of these will lead to the initiation of legal and criminal action against you and also result in immediate termination and disqualification from the Referral Program, deletion of your Brainvibe account, forfeiture of existing referral invitations and accrued, but not yet received, referral rewards:
    1. Spam, bulk distribution of invitations, distribution to strangers, or any other promotion of Brainvibe Referral offer through invitations that would constitute or appear to constitute unsolicited commercial e-mail, SMS, publishing any article or content about Brainvibe products, services, etc.
    2. Advertisement of any kind in any form on any medium print, audiovisual form, web, etc including social media (Facebook, Twitter, Whatsapp, Instagram, youtube, etc), or spam under any applicable law or regulation.
    3. Fraud, attempted fraud or abuse of the Brainvibe Referral offer , violation of these Terms & Conditions.
    4. Organizing competitions, contests online, posting content about Brainvibe, etc.
    5. Any act or omission resulting in damage to Brainvibe in any form whatsoever in nature.
  11. Advertisement includes all forms of communications like any information about Brainvibe products, services, etc, a form of documents, pamphlets, circulars, brochures, notice or any research reports or any other literature or information, material published, or designed for use in a newspaper, magazine, SMS or other periodicals, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings) or other public media including any generally accessible websites or emails, whether in print or audio visual form or used in workshop/seminar or public speaking or in any other manner. This also includes social media including but not limited to Facebook, Twitter, Instagram, YouTube, WhatsApp, etc.
Privacy

You agree that during your use and access of the Application and/or availing of the Services offered by the Application, you will provide Us with certain information and other data as mentioned under these Terms herein which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by You under these Terms, are governed under the Application’s Privacy Policy which is available at https://brainvibe.in/brainvibeapp-privacypolicy/. By using and visiting the Application and availing the Services of the Application, you also agree to the terms and conditions of our Privacy Policy.

Confidentiality

You acknowledge that, in the course of your relationship with Brainvibe and in using the Services, you may obtain information relating to the Services and/or Brainvibe (“Proprietary Information”). Such Proprietary Information shall belong solely to Brainvibe and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

  1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Brainvibe unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
  2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

Use and Protection of Intellectual Property Rights

Brainvibe Application is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Brainvibe’s express written permission. You are hereby given a limited licence to use the Application for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Brainvibe Application. 

Limitation of Liability, Indemnity, and Warranty

  1. In no event shall Brainvibe or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Application/website or due to investments made using this Application or availing any product or services from any third-party service provider.
  2. You agree to indemnify Brainvibe or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
  3. You warrant that all the details and information provided by you to Brainvibe or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
  4. Further, you shall be solely responsible for any investment decision taken by you on the Services and Brainvibe shall not be liable for any loss or damage caused to you or other users of this Application due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the Application is at your sole risk.
  5. To the fullest extent permissible pursuant to applicable law, Brainvibe and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Brainvibe or through the Application will create any warranty or guarantee other than those expressly stated herein. 

DISCLAIMERS

THE USER AGREES AND UNDERSTANDS THAT THE APPLICATION IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APPLICATION, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS. READ ALL SCHEME RELATED THINGS CAREFULLY. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE RETURNS.

ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME  AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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Consideration

Brainvibe shall have the right to charge its Users a fee for use of its platform and for availing advisory services as set out in the Application. Brainvibe may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. All charges shall be non-transferable. 

Force majeure

If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Brainvibe shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Brainvibe, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

Severability

All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Waiver

No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right.

Assignment

You agree that we may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms at any time without any further notice . You agree that you cannot  assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party, 

Dispute Resolution

Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by Brainvibe, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

Governing laws

We and you shall make all reasonable endeavors to settle any dispute, difference or claim arising out of or in connection with this Terms of Use amicably through negotiations. Any dispute arising out of or in connection with this Terms of Use that is not settled by negotiations within 30 days of notice being given by either party, shall be subject to the jurisdiction of the courts of Cochin, Kerala, India.

Entire Agreement

These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Application, including the Privacy Policy and any other arrangement/agreement in relation the Services, including the Advisory Agreement (applicable to advisory clients), constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and US pertaining to the subject matter hereof.

Survival

Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.

Modification of Terms

Brainvibe reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Application. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Application. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Application, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Application from time to time. Your continued use of the Application following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. It is, further, clarified that the User’s use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.

Contact Information

Questions about the Terms of Use should be sent to us at care@brainvibe.in or Whatsapp us on +91 91883 62983

 

You acknowledge that, in the course of your relationship with Brainvibe and in using the Services, you may obtain information relating to the Services and/or Brainvibe (“Proprietary Information”). Such Proprietary Information shall belong solely to Brainvibe and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

  1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Brainvibe unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
  2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

Use and Protection of Intellectual Property Rights

Brainvibe Application is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Brainvibe’s express written permission. You are hereby given a limited licence to use the Application for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Brainvibe Application. 

Limitation of Liability, Indemnity, and Warranty

  1. In no event shall Brainvibe or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Application/website or due to investments made using this Application or availing any product or services from any third-party service provider.
  2. You agree to indemnify Brainvibe or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
  3. You warrant that all the details and information provided by you to Brainvibe or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
  4. Further, you shall be solely responsible for any investment decision taken by you on the Services and Brainvibe shall not be liable for any loss or damage caused to you or other users of this Application due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the Application is at your sole risk.
  5. To the fullest extent permissible pursuant to applicable law, Brainvibe and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Brainvibe or through the Application will create any warranty or guarantee other than those expressly stated herein. 

DISCLAIMERS

THE USER AGREES AND UNDERSTANDS THAT THE APPLICATION IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APPLICATION, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS. READ ALL SCHEME RELATED THINGS CAREFULLY. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE RETURNS.

ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME  AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Please be advised that we do not offer refunds or cancellations at this time. Once an order has been placed and processed, it cannot be cancelled or refunded. We apologize for any inconvenience this may cause.

However, we strive to ensure customer satisfaction and will do our best to address any concerns or issues you may have with our products/services. Please feel free to contact our customer support team for any assistance you may need.

Consideration

Brainvibe shall have the right to charge its Users a fee for use of its platform and for availing advisory services as set out in the Application. Brainvibe may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. All charges shall be non-transferable. 

Force majeure

If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Brainvibe shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Brainvibe, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

Severability

All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Waiver

No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right.

Assignment

You agree that we may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms at any time without any further notice . You agree that you cannot  assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party, 

Dispute Resolution

Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by Brainvibe, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

Governing laws

We and you shall make all reasonable endeavors to settle any dispute, difference or claim arising out of or in connection with this Terms of Use amicably through negotiations. Any dispute arising out of or in connection with this Terms of Use that is not settled by negotiations within 30 days of notice being given by either party, shall be subject to the jurisdiction of the courts of Cochin, Kerala, India.

Entire Agreement

These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Application, including the Privacy Policy and any other arrangement/agreement in relation the Services, including the Advisory Agreement (applicable to advisory clients), constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and US pertaining to the subject matter hereof.

Survival

Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.

Modification of Terms

Brainvibe reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Application. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Application. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Application, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Application from time to time. Your continued use of the Application following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. It is, further, clarified that the User’s use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.

Contact Information

Questions about the Terms of Use should be sent to us at care@brainvibe.in or Whatsapp us on +91 91883 62983

You acknowledge that, in the course of your relationship with Brainvibe and in using the Services, you may obtain information relating to the Services and/or Brainvibe (“Proprietary Information”). Such Proprietary Information shall belong solely to Brainvibe and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

  1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Brainvibe unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
  2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

Use and Protection of Intellectual Property Rights

Brainvibe Application is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Brainvibe’s express written permission. You are hereby given a limited licence to use the Application for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Brainvibe Application. 

Limitation of Liability, Indemnity, and Warranty

  1. In no event shall Brainvibe or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Application/website or due to investments made using this Application or availing any product or services from any third-party service provider.
  2. You agree to indemnify Brainvibe or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
  3. You warrant that all the details and information provided by you to Brainvibe or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
  4. Further, you shall be solely responsible for any investment decision taken by you on the Services and Brainvibe shall not be liable for any loss or damage caused to you or other users of this Application due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the Application is at your sole risk.
  5. To the fullest extent permissible pursuant to applicable law, Brainvibe and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Brainvibe or through the Application will create any warranty or guarantee other than those expressly stated herein. 

DISCLAIMERS

THE USER AGREES AND UNDERSTANDS THAT THE APPLICATION IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APPLICATION, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS. READ ALL SCHEME RELATED THINGS CAREFULLY. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE RETURNS.

ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME  AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Consideration

Brainvibe shall have the right to charge its Users a fee for use of its platform and for availing advisory services as set out in the Application. Brainvibe may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. All charges shall be non-transferable. 

Refund and Cancellation

Please be advised that we do not offer refunds or cancellations at this time. Once an order has been placed and processed, it cannot be cancelled or refunded. We apologize for any inconvenience this may cause.

However, we strive to ensure customer satisfaction and will do our best to address any concerns or issues you may have with our products/services. Please feel free to contact our customer support team for any assistance you may need.

Force majeure

If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Brainvibe shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Brainvibe, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

Severability

All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Waiver

No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right.

Assignment

You agree that we may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms at any time without any further notice . You agree that you cannot  assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party, 

Dispute Resolution

Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by Brainvibe, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

Governing laws

We and you shall make all reasonable endeavors to settle any dispute, difference or claim arising out of or in connection with this Terms of Use amicably through negotiations. Any dispute arising out of or in connection with this Terms of Use that is not settled by negotiations within 30 days of notice being given by either party, shall be subject to the jurisdiction of the courts of Cochin, Kerala, India.

Entire Agreement

These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Application, including the Privacy Policy and any other arrangement/agreement in relation the Services, including the Advisory Agreement (applicable to advisory clients), constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and US pertaining to the subject matter hereof.

Survival

Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.

Modification of Terms

Brainvibe reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Application. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Application. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Application, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Application from time to time. Your continued use of the Application following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. It is, further, clarified that the User’s use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.

Contact Information

Questions about the Terms of Use should be sent to us at care@brainvibe.in or Whatsapp us on +91 91883 62983

Address  : Brainvibe , North parvoor , Ernakulam , Kerala , India , 683513