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TERMS & CONDITIONS OF USE – BRIGHTBRAINSTM

BrightBrainsTM - Introduction & General Acceptance of our Terms Welcome to BrightBrainsTM website [www.brightbrains.in] and to the services it offers. BrightBrainsTM is a site which hosts technical tests for different software topics and potential users globally can have access to these paid technical tests offered by us once they have completed the registration and related payment processes. This section of our website aims at sharing with you the many applicable Terms & Conditions/Policies which are binding on you as you decide to use our website/ advertised services. These Terms & Conditions/Policies may be periodically upgraded, altered, modified by us as required at our discretion & changing trends of the market/industry/business needs. BrightBrainsTM strictly implements and adheres to the items listed here-in and as a user who is either visiting our website or is registering with us for its services usage, by visiting and reading these terms, hereby confirms acceptance of the terms here-in and policy issues as stated here-in, and agrees that these are binding on him/her / Company entity at all time with any transaction/usage of services via our site.

BrightBrainsTM - Privacy Policy BrightBrainsTM Privacy Policy is covered separately as part of our website, but you can visit the same from here by clicking on Our Privacy Policy. All relevant material relating to Privacy will be found there in required details.

Changes, Alterations, Amendments and/or Deletions to our Terms & Conditions of Use BrightBrainsTM reserves the unchallengeable right to change, alter, amend and/or delete specific items of our website data at any time which is totally at the discretion and will of our company. Any such changes could cover any or all items including but not limited to pricing, announcements, major policy changes and or inclusion of new terms. Any such changes – as applicable will be enforced in a manner that shall be fair and ethical, and will be binding on users.

User Registration Data Inputs and Policy BrightBrainsTM allows / offers its website viewing to global audiences free of charge. All visitors are free to browse our site [limited sections] at will [subject to your making the right Internet / links/ connections /linkages to the Internet/WWW to do so]. Once you have decided on wishing to use the BrightBrainsTM that any/all data that you fill into the Registration inputs are legitimate and true information and that these can be verifiable should any situation demand so. From time to time our Administration will be reviewing such data and should any data look suspicious or misleading or deceptive or blatantly improper, we may ask for clarifications on the same via your registered email id which is a mandatory field in our Registration capture screen. If satisfactory clarification is not provided in stipulated time frame, BrightBrainsTM reserves the right to deactivate/terminate your account and notifying you of the same.

User Account Security/Password Ownership BrightBrainsTM generates an email confirmation once you have successfully completed the Registration process where you have included your login password as well. As is applicable to all Internet based activities – keeping your ID/Password secure at all times is your responsibility and BrightBrainsTM cannot and will not be held responsible in any manner – limited or unlimited way, directly or indirectly- if you have not held this data confidential or have been careless about it leading to abuse/misuse of your account. BrightBrainsTM will not entertain any liabilities of any sort – direct or indirect – arising from such abuse. Furthermore, as the Registration process is undertaken personally by you, it is understood and accepted that all information submitted by you covering your name / age/ educational details / address etc, [includes all fields as covered in the Registration form] within your created account is your sole responsibility and that you alone are fully responsible for these inputs. BrightBrainsTM assumes no responsibility over this and whatever inputs submitted are deemed true and correct and submitted by you with no malafide intent.

Tests execution: Moral, Ethical Practices Advisory BrightBrainsTM shares a general advisory that any/all tests that the user undertakes must be with the highest levels of integrity and moral values. It is considered as unfair and unethical practice should you indulge in cheating, copying and/or using 3rd Party assistance to execute the tests in your name. Also, the certificate issued at the end of any test, bears your name and is a direct reflection of you alone and abuse of this certificate in any way including sharing or altering or modifying renders it null and void, and for any such inappropriate act by the user, if any legal actions are initiated by anyone [individual/company/other], BrightBrainsTM cannot and will not be part of any such legal processes whatsoever, nor participate in any such situations. In summary, any such practice is illegal and improper and should not be indulged in by anyone using our services.

Our Services Availability Policy BrightBrainsTM have made every attempt and effort to be as precise and correct at all times and in all sections of our website covering various aspects of the service, applicable terms, test questions, database correctness and contents and pricing/utilization data. Despite such best efforts, it may still be possible and practical that either due to some oversight or human error or programming error, some data may get wrongly presented. We are in constant endeavor to iron out such items when noticed or brought to our notice to help make our site free from any errors. We do not expressly claim complete error free site/contents.

Our Pricing Policy BrightBrainsTM Pricing policy is that we reserve the right to change our prices at anytime, without issuance of notices, but if someone has already paid for any item as appears at the time of his/her /Company entity engaging with our site including registration & purchase of any advertised tests, these prices committed will hold valid and be honored.

Payment Transaction Limitation & Disclaimer: BrightBrainsTM allows for Debit Card/Credit Card [ Domestic & Global via Axis Bank Limited[India] Internet Payment Gateway ] & NetBanking [ restricted to India only via Citrus Software Solutions Pvt Ltd -India services] payment options. Both are integrated to fulfil the Payments processing of our site/services. In the event in any transaction a user experiences delays in processing, it needs to be clarified that such delays would be due to the actions/response between the Users transaction with the corresponding service/bank and not with BrightBrainsTM. Until any payment, via any mode does not successfully arrive into BrightBrainsTM Account, the transaction is not within our control in any way. If any dispute or issues arise out of this, the User[Individual or Company] agrees to resolve with the corresponding services provider for their case with no liability or action towards BrightBrainsTM. BrightBrainsTM cannot be held responsible for transactions if held up due to banking reasons such as - systems downtime, scheduled maintenance, systems upgrade, etc type situations, where all or some of which may apply in any failed payment transaction. Banking systems generally do also alert the client directly, although BrightBrainsTM cannot confirm or take responsbility for banks that do or do not offer such alerts.

Refund And Cancellation Policy BrightBrainsTM Policy for the services offered via this website are based on the clear understanding and clarity that the potential user of the advertised services will be agreeing to a NO REFUNDS, NO CANCELLATION Policy. Visitors and potential users of the site/services offered are advised to read all Terms & Conditions and then decide on whether they wish to use the product offered or not. Once a User has chosen to use the services, and has made the payments - he/ she /Company Entity would then be confirming acceptance of this policy and also agrees that no representation of any form - direct or indirect - can and will be entertained by the Company for any refunds or cancellations once the User has committed to the purchase & usage of the tests. From its part, BrightBrainsTM will ensure and implement all systems and processes which, once user has committed via payments, all such processes and product deliver will be done as advertised. If user chooses not to use the services after payment, this is a decision the User has solely taken by himself/herself and has no bearing whatsoever on the BrightBrainsTM. and does not therefore qualify for contesting for any refunds or cancellations or carry forwards – none of which are applicable..

Successful Tests Completed Certificate validity BrightBrainsTM certificates, offered only to bonafide customers who have taken our tests, are valid only for a period of 1 YEAR from the dates the said test has been taken.

Trademarks /Copyright BrightBrainsTM are the sole owners of all the logo, logo design, text, text style, text font, tag line, graphics, color schemes, certificate designs, website flow, etc. Users and visitors of the BrightBrainsTM website are not permitted to copy, edit/modify, transmit, any part of the contents whatsoever in any format without the written permission of the BrightBrainsTM.

Technical Content Ownership Policy Technical Tests – structure, questions, flow, contents, assessment measurement, & eventual issuance of certification - as listed in the BrightBrainsTM website are the sole and exclusive intellectual property of BrightBrainsTM. Any form of copying, reproducing, downloading or aiming to use the contents in any manner other than its intended purpose is strictly prohibited. All users who register with our site by default agree to this matter expressly and without contest of any kind.

Specific Disclaimer of Advertised Tests - As part of our Terms & Conditions of use, we hereby declare that any Tests taken by any User/[ Individual, Company, group, etc] does not in any way, directly or indirectly, offer or claim to offer a guarantee to any job situation the test-taker may be intending to for himself/herself. These are multi-level tests arrived at via research of stated topics/subjects and meant primarily to help a self-assessment of oneself in any chosen topic. How these tests are interpreted by any hiring company are strictly their own views and opinions and do not have any bearing on BrightBrainsTM at all whatsoever. Anyone interested is welcome to take our tests. Our tests reflect the generic measure of his/her abilities of any chosen technical topic / level based on question content and time allocated to each question – to reflect general alertness/awareness of the test-takers knowledge of the topic and time scales per question designed to allow for fair execution of any question posed. At no stage will BrightBrainsTM be answerable or responsible for any test-takers eventual careers and will neither entertain nor accept any claims or arguments to this end. You agree and acknowledge this unconditionally as you continue to use our site/services.

Specific Disclaimer of Advertised Tests - All payments for BrightBrainsTM services may only be made via Credit Card, Debit Card via secure Payment Gateways [from Axis Bank Ltd, India] and Net-Banking via secure Payment Gateways [from Citrus Payment solutions Pvt Ltd, India] integrated into the system/site. No other method of payment is offered. An order for any service requested is formally accepted and executed only after successful payment via these methods. Once your order is confirmed, the site will send out all relevant invoice/bill and tests related data to your registered email id for you to proceed further. [These points are covered adequately in the FAQ section also]. BrightBrainsTM has a strict ‘no refunds, no cancellations’ policy including no-adjustments policy where a user seeks to adjust payments made for say test-A with say test-B. This is disallowed. Once order is processed, it is safely deemed as processed in the applicant’s name, meant for the exclusive use of the User or Company [as the case may be], and that the advised test codes and passwords are not shared with any Third Party by such users. The tests are automated and hence assume that there is no breach in security and that the customer is the rightful user of the paid service. All data related to credit card/debit card and Net-Banking of user is held in a secure form by respective Vendors Secure Servers and BrightBrainsTM will not share or disclose any such data within it s access at anytime to anyone.

Important Disclaimers & Liability Issues BrightBrainsTM cannot warrant and/or confirm that a visit or usage of our advertised services on www.BrightBrains.in will be free of all errors or interruptions. It may be possible that although every meticulous effort is made for full automation of the entire site, some parts may see occasional failure for a variety of reason which could be beyond the control of BrightBrainsTM. On the same line although every effort has been made for needed security levels of the site, we cannot completely warrant the full safety of the site due to external forces and therefore individuals and company may choose to use our services and processes based on the premise that we do not carry any form of liability, direct or indirect, financial or other for any process of our website. By using our website and its listed services you accept the above stated sentence and agree to the same without contest. Furthermore by agreeing to use our site & services, you completely detach our company – M/S BrightBrainsTM from any/all forms of liability whatsoever generically covered as - direct, indirect, incidental or consequential damages including – loss of personal or business revenues in any format, personal/business/company/group loss of profits of any kind due to any circumstances, any type of compensation claims whatsoever based on any/part usage of our site/services, temporary or permanent loss of employment and/or business, any losses arising out of unethical means including hacking of site/data/information or any form of financial liability arising out of any/all such actions will not be allowed, entertained or accepted by us at all. By agreeing to use our services you hereby expressly agree to this unconditionally and confirm that you/your company/and –or any agency directly or indirectly associated with you will not many any kind of representation for any form of liability on us at anytime. By further accepting use of our website/offered services, you also accept that you [individual or company], no matter where they reside globally, will not be pursing anything against BrightBrainsTM on a legal basis whatsoever for whatsoever issues if at all confronted with and further that BrightBrainsTM stands fully absolved of any such actions by you.

Legal Jurisdiction and Laws - This site and any / all legal aspects pertaining to it in all sections of the website including Terms & Conditions, Privacy, etc are only governed by and under the laws of the Republic of India. No jurisdiction, enforce-ability or laws of any other country or courts or institutions can supersede this and at all times the only laws that will prevail are those of the Republic of India. Any matters of legality or legal issues if any will be dealt only in the courts located in Vadodara, Gujarat, Republic of India and you offer your unconditional and irrevocable acceptance to this. At no time and in no format or representation will any other courts or rules or entity or laws of any other nation prevail other than that defined here-in. In the event you are not satisfied with any material of our website pages or with any of BrightBrainsTM Terms and Conditions/Privacy Policy / other you may respectfully abort the use of our website/advertised services right away and not go further based on your own decision to do so, without any obligation to either party. We respect your rights to not wish to use our website/services.

Event of Force Majeure Services of BrightBrainsTM may be affected on account of force majeure events beyond the control of the company and may affect the complying with any of its obligations/ Terms & conditions/Advertised Services owing to but not limited to: Acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); Communications / Network failures, epidemic, war, hostilities, act of foreign enemies, embargo; rebellion, revolution, riot, commotion, strikes, go slows, lock outs or acts or threats of terrorism. We are not responsible or liable to any individual or company for any failure of our services arising from these situations and carry nil liability for the same in any shape or form, direct or indirect.

BrightBrainsTM – Services Changes & Terminations BrightBrainsTM reserves the sole right to amend or discontinue, either temporarily or permanently, any of its advertised services with or without any notice to users. Although this situation is not anticipated but the guideline will be in force and hence all users by default agree that BrightBrainsTM will not be liable to any individual, Company, any group or any 3rd Party whatsoever for any such alterations or ending of its services.

BrightBrainsTM Customer Support Services Via drop down guidance boxes at all critical stage of our website/services, adequate care has been taken to help navigate and progress with our advertised services on a targeted error free basis. Furthermore, our FAQ covers typical questions which users either encounter or perceive, and the detailed FAQ helps further guide you to ensure your user experience is a good and clear one including overcoming ambiguous situations if any are perceived by potential user. However, for any/all Support related matters [ once you have registered and have used our tests/services] – users may please reach our Customer Support Services via email on Support@brightbrains.in- - For any telephonic contact, we can be reached Monday through Friday, 10:00 a.m. – 5.00 p.m. Saturday 10am – 1 pm INDIAN STANDARD TIME on [country code -91] [city code- 265] – [ Help-Desk Numbers] 2345002, 2345003.

Reconfirmation of your Acceptance of all Terms & Conditions By visiting our website www.brightbrains.in viewing, accessing or using any of the services or information submitted to us, you agree to be bound by the Terms and Conditions of our site. If you do not wish to be bound by our advertised Terms & Conditions, you are free to exit the site, not view and/or not use any of our services. We respect your decision. Further, you understand, agree and acknowledge that these Terms & Conditions constitute a legally binding agreement between you and www.brightbrains.in and that your use of shall indicate your conclusive unconditional acceptance and agreement to this and are unconditionally & willingly agreeing to go forth and use our services with complete clarity & understanding.

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