Terms And Conditions
Please read this terms of
service agreement carefully. By using this website or ordering products from
this website you agree to be bound by all of the terms and conditions of this
agreement.
This Terms of Service Agreement (the
"Agreement") governs your use of this website, www.braincalculus.com
(the "Website"), Brain Calculus Private Limited ("Business
Name") offer of products for purchase on this Website, or your purchase of
products available on this Website. This Agreement includes, and incorporates
by this reference, the policies and guidelines referenced below. Brain Calculus
Private Limited reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website. Brain Calculus Private Limited will alert you
that changes or revisions have been made by indicating on the top of this
Agreement the date it was last revised. The changed or revised Agreement will
be effective immediately after it is posted on this Website. Your use of the
Website following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. Brain Calculus
Private Limited encourages you to review this Agreement whenever you visit
the Website to make sure that you understand the terms and conditions governing
use of the Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with Brain Calculus
Private Limited for other products or services. If you do not agree to
this Agreement (including any referenced policies or guidelines), please
immediately terminate your use of the Website. If you would like to print this
Agreement, please click the print button on your browser toolbar.
I. Products
Terms of Offer. This Website offers for sale
certain products (the "Products"). By placing an order for Products
through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation:
Unless you notify our third party call center
reps or direct Brain Calculus Private Limited sales reps, while they are
calling you, of your desire to opt out from further direct company
communications and solicitations, you are agreeing to continue to receive
further emails and call solicitations Brain Calculus Private Limited and
its designated in house or third party call team(s).
Opt Out Procedure:
We provide 3 easy ways to opt out of from
future solicitations.
1. You may use the opt out link found in any
email solicitation that you may receive.
2. You may also choose to opt out, via sending
your email address to: contact@braincalculus.com
3. You may send a written remove request to
Brain Calculus Private Limited Office SCO 65, 2nd Floor, Swastik
Vihar, Sector 5, MDC, Panchkula, Haryana - 134109
Proprietary Rights. Brain Calculus Private
Limited has proprietary rights and trade secrets in the Products. You may
not copy, reproduce, resell or redistribute any Product manufactured and/or
distributed by Brain Calculus Private Limited. Brain Calculus Private
Limited also has rights to all trademarks and trade dress and specific
layouts of this webpage, including calls to action, text placement, images and
other information. Sales Tax. If you purchase any Products, you will be
responsible for paying any applicable sales tax.
II. Website
Content; Intellectual Property; Third Party
Links. In addition to making Products available, this Website also offers
information and marketing materials. This Website also offers information, both
directly and through indirect links to third-party websites, about nutritional
and dietary supplements. Brain Calculus Private Limited does not always
create the information offered on this Website; instead the information is
often gathered from other sources. To the extent that Brain Calculus Private
Limited does create the content on this Website, such content is protected
by intellectual property laws of the India, foreign nations, and international
bodies. Unauthorized use of the material may violate copyright, trademark, and/or
other laws. You acknowledge that your use of the content on this Website is for
personal, noncommercial use. Any links to third-party websites are provided
solely as a convenience to you. Brain Calculus Private Limited does not
endorse the contents on any such third-party websites.Brain Calculus Private
Limited is not responsible for the content of or any damage that may
result from your access to or reliance on these third-party websites. If you
link to third-party websites, you do so at your own risk. Use of Website; Brain
Calculus Private Limited is not responsible for any damages resulting from
use of this website by anyone. You will not use the Website for illegal
purposes. You will (1) abide by all applicable local, state, national, and international
laws and regulations in your use of the Website (including laws regarding
intellectual property), (2) not interfere with or disrupt the use and enjoyment
of the Website by other users, (3) not resell material on the Website, (4) not
engage, directly or indirectly, in transmission of "spam", chain
letters, junk mail or any other type of unsolicited communication, and (5) not
defame, harass, abuse, or disrupt other users of the Website License. By using
this Website, you are granted a limited, non-exclusive, non-transferable right
to use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without
express written authorization from Brain Calculus Private Limited or the
applicable third party (if third party content is at issue). Posting. By
posting, storing, or transmitting any content on the Website, you hereby grant
Brain Calculus Private Limited a perpetual, worldwide, non-exclusive,
royalty-free, assignable, right and license to use, copy, display, perform,
create derivative works from, distribute, have distributed, transmit and assign
such content in any form, in all media now known or hereinafter created,
anywhere in the world. Brain Calculus Private Limited does not have the
ability to control the nature of the user-generated content offered through the
Website. You are solely responsible for your interactions with other users of
the Website and any content you post. Brain Calculus Private Limited is
not liable for any damage or harm resulting from any posts by or interactions
between users. Brain Calculus Private Limited reserves the right, but has
no obligation, to monitor interactions between and among users of the Website
and to remove any content Brain Calculus Private Limited deems
objectionable, in Brain Calculus Private Limited's sole discretion.
III. Disclaimer of
warranties
Your use of this website and/or products are
at your sole risk. The website and products are offered on an "as is"
and "as available" basis. Brain Calculus Private
Limited expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement with respect to the
products or website content, or any reliance upon or use of the website content
or products. ("products" include trial products.) without limiting
the generality of the foregoing,Brain Calculus Private Limited makes no
warranty: that the information provided on this website is accurate, reliable,
complete, or timely.
That the links to third-party websites are to information that is accurate,
reliable, complete, or timely. No advice or information, whether oral or
written, obtained by you from this website will create any warranty not
expressly stated herein. As to the results that may be obtained from the use of
the products or that defects in products will be corrected. Regarding any
products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion
of certain warranties, so some of the above exclusions may not apply to you.
IV. Limitation of
liability
Brain Calculus Private Limited entire
liability, and your exclusive remedy, in law, in equity, or othwerwise, with
respect to the website content and products and/or for any breach of this
agreement is solely limited to the amount you paid, less shipping and handling,
for products purchased via the website.
Brain Calculus Private Limited will not be liable for any direct,
indirect, incidental, special or consequential damages in connection with this
agreement or the products in any manner, including liabilities resulting from
(1) the use or the inability to use the website content or products; (2) the
cost of procuring substitute products or content; (3) any products purchased or
obtained or transactions entered into through the website; or (4) any lost
profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages so some of the above limitations may not
apply to you.
V. Indemnification
You will release, indemnify, defend and hold
harmless Brain Calculus Private Limited, and any of its contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns from all
liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and
obligations under this Agreement; (2) the Website content or your use of the
Website content; (3) the Products or your use of the Products (including Trial
Products); (4) any intellectual property or other proprietary right of any
person or entity; (5) your violation of any provision of this Agreement; or (6)
any information or data you supplied to Brain Calculus Private Limited. When
Brain Calculus Private Limited is threatened with suit or sued by a third
party, Brain Calculus Private Limited may seek written assurances from you
concerning your promise to indemnify Brain Calculus Private Limited; your
failure to provide such assurances may be considered by Brain Calculus
Private Limited to be a material breach of this Agreement. Brain Calculus
Private Limited will have the right to participate in any defense by you
of a third-party claim related to your use of any of the Website content or
Products, with counsel of Brain Calculus Private Limited choice at its
expense. Brain Calculus Private Limited will reasonably cooperate in any
defense by you of a third-party claim at your request and expense. You will have
sole responsibility to defend Brain Calculus Private Limited against any
claim, but you must receive Brain Calculus Private Limited prior written
consent regarding any related settlement. The terms of this provision will
survive any termination or cancellation of this Agreement or your use of the
Website or Products.
VI. Privacy
Brain Calculus Private
Limited
believes strongly in protecting user
privacy and providing you with notice of our use of data. Please refer to Brain
Calculus Private Limited privacy policy, incorporated by reference herein,
that is posted on the Website.
VI. Agreement to be bound
By using this Website or ordering Products,
you acknowledge that you have read and agree to be bound by this Agreement and
all terms and conditions on this Website.
VIII. General
Force Majeure. Brain Calculus Private
Limited will not be deemed in default hereunder or held responsible for
any cessation, interruption or delay in the performance of its obligations
hereunder due to earthquake, flood, fire, storm, natural disaster, act of God,
war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Brain Calculus Private Limited may at any time, in
its sole discretion and without advance notice to you, cease operation of the
Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and
Brain Calculus Private Limited and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Brain Calculus Private Limited to exercise or
enforce any right or provision of this Agreement will not constitute a waiver
of such right or provision. If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of this Agreement remain
in full force and effect.
Governing Law; Jurisdiction of Howrah, West Bengal. This Website originates
from the Howrah, West Bengal This Agreement will be governed by the laws of the
State of West Bengal without regard to its conflict of law principles to the
contrary. Neither you nor Brain Calculus Private Limited will commence or
prosecute any suit, proceeding or claim to enforce the provisions of this
Agreement, to recover damages for breach of or default of this Agreement, or
otherwise arising under or by reason of this Agreement, other than in courts
located in State of Brain Calculus Private Limited. By using this Website or
ordering Products, you consent to the jurisdiction and venue of such courts in
connection with any action, suit, proceeding or claim arising under or by
reason of this Agreement. You hereby waive any right to trial by jury arising
out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Website or Products or this Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights.
By entering into this agreement, you hereby irrevocably waive any right you may
have to join claims with those of other in the form of a class action or
similar procedural device. Any claims arising out of, relating to, or
connection with this agreement must be asserted individually.
Termination. Brain Calculus Private Limited reserves the right to terminate
your access to the Website if it reasonably believes, in its sole discretion,
that you have breached any of the terms and conditions of this Agreement.
Following termination, you will not be permitted to use the Website and Brain
Calculus Private Limited may, in its sole discretion and without advance notice
to you, cancel any outstanding orders for Products. If your access to the
Website is terminated, Brain Calculus Private Limited reserves the right to
exercise whatever means it deems necessary to prevent unauthorized access of
the Website. This Agreement will survive indefinitely unless and until Brain
Calculus Private Limited chooses, in its sole discretion and without advance to
you, to terminate it.
Domestic Use. Brain Calculus Private Limited makes no representation that the
Website or Products are appropriate or available for use in locations outside India.
Users who access the Website from outside India do so at their own risk and
initiative and must bear all responsibility for compliance with any applicable
local laws.
Assignment. You may not assign your rights and obligations under this Agreement
to anyone. Brain Calculus Private Limited may assign its rights and obligations
under this Agreement in its sole discretion and without advance notice to you.
By using this website or ordering products from this website you agree to be
bound by all of the terms and conditions of this agreement.