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TERMS AND CONDITIONS

This document is an electronic record as per the provisions of the Information Technology Act, 2000 and various rules/ regulations passed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures/ verification.

This document is published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.braingainmag.com.

The domain name www.braingainmag.com (hereinafter referred to as "Website" and/or BrainGain Magazine) is owned by BrainGain Global and has its registered office at A-85, East of Kailash, New Delhi - 110065, India.

Your registration and any transaction on or through the Website, use of any of the Website's services and tools are governed by the below mentioned terms and conditions ("Terms of Use"). Certain policies have been included in this Terms of Use by way of reference. The Terms of Use are binding on each and every transaction carried on or through the Website and use of any of the services of the Website.

For the purpose of these Terms of Use, the terms mentioned shall mean as follows:

  • "You" or "User" shall mean any natural or legal person who has agreed to transact with BrainGain Magazine by providing Registration Data while registering on the same as a Registered User using the computer systems.
  • "We", "Us", "Our" shall mean BrainGain Magazine and will also include BrainGain Global and any of its subsidiaries, affiliates, or permitted assigns.

For using any services offered on the Website or through Website, the User will have to register on the Website. The Website provides a standard registration form. The Website, at the time of registering a User, does not inquire into the details filled by such User. However, if any User misrepresents or fills wrong information in the Registration Form, which is discovered by the Website at a later stage, the Website will have the right to terminate the registration of such User, upon discovery of such misrepresentation/ wrong information.

In addition to these Terms of Use, use of any specific service on the Website may be subject to additional terms and conditions provided therein. In the event of any change/ amendment in the applicable Law, such amendment/ change in the law will be part of this Terms of Use, even if such amendment/ change has not been specifically incorporated in the Terms of Use. The Website holds the discretion to change the Terms and Use from time to time.

As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website as well as the services provided by the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE "TERMS OF USE", THEREFORE IT IS SUGGESTED THAT YOU CAREFULLY READ THE TERMS AND CONDITIONS BEFORE PROCEEDING. By implied or express acceptance of these Terms of Use, You also accept and agree to be bound by BrainGain Magazine Policies (which includes but is not limited to the Privacy Policy available on https://www.braingainmag.com/data-protection-policy.php) as amended from time to time.

Your Account and Registration Obligations

As soon as You register on the Website, You shall become responsible for maintaining the confidentiality of your Display Name and Password. Furthermore, You shall be responsible for all activities that take place under your Display Name and Password. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership/registration on the Website and refuse to provide You with further or future access to the Website.

Communications

It is implied that when You use the Website or send emails or other data, information or communication to us, through your account or your personal email, You have agreed and understood that You are communicating with Us through electronic records. Your communication with us by means of email will also mean that you have consented to receive periodic emails/ communications from us. We may communicate and respond to you by email or by any other such mode of communication, electronic or otherwise.

Charges

BrainGain Magazine provides free membership to its Website for its readers. In particular, BrainGain Magazine may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, BrainGain Magazine reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. However, the User will have an option to either use the paid services or will have the option to Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to BrainGain Magazine.

Use of the Website

  1. You shall not directly or indirectly be involved in the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming". You shall try and not disclose your username and password to any public person unless such disclosure is important for you to carry on any transaction on or through the Website.
  2. You shall not promote illegal activities or conduct that is slanderous, intimidating, obscene, defamatory, libelous or hurt religious and cultural sentiments of any sect, section of the society.
  3. Any onward sale of the products purchased by you through the Website can only be done with a prior written consent of the authorized person of BrainGainMag.com
  4. You shall not impersonate/ misrepresent to be another person while carrying on any transaction on or through the Website. This will also include the information that you submit while registering on the Website.
  5. You shall not submit any information that in your knowledge that is false, inaccurate or misleading and you had prior knowledge of such fact.
  6. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers. In case it is discovered by the Website that it has incurred any loss, due to your activities on or through the Website, you shall indemnify the Website for such losses.
  7. Any use of "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, which enables access to, acquisition of, copy or monitoring any portion of the Website or any Content, which reproduces or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website shall be prohibited. We reserve our right to take actions against any such activity.
  8. Any attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  9. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms BrainGain Magazine or otherwise engage in any conduct or action that might tarnish the image or reputation, of BrainGain Magazine or suppliers on platform or otherwise tarnish or dilute any BrainGain Magazine trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or BrainGain Magazine systems or networks, or any systems or networks connected to BrainGain Magazine.
  10. You shall not interfere with the working of the Website. You shall also not interfere with or cause any interference with any transaction being carried out on or through the Website.
  11. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  12. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BrainGain Magazine and/or BrainGain Global or any other associated enterprise.
  13. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, the disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  14. BrainGain Magazine shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in denial of services.

Contents Posted on Site

Any content or part of the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, only with the prior and express written consent of BrainGainMag.

You may use information on the products and services purposely made available on the Website for downloading, subject to the condition, that You

  1. Do not remove or change, any proprietary notice language in all copies of such documents.
  2. Use such information only for your personal, non-commercial informational purpose and do not copy publish such information through any channel.
  3. And make no modifications to any such information without express and written consent of the Website.

Privacy

It is very important for us to protect Your privacy. We undertake to maintain utmost confidentiality in relation to all the professional and personal information supplied to us by You. The storage and use of any sensitive information including financial information collected (as defined under the Information Technology Act, 2000), if any, shall be made on or through the computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available at https://www.braingainmag.com/data-protection-policy.php. In the event, if you have any objection to our Policy Policy, you are required to raise such objections and report them to Us.

We and our affiliates (including the Company which owns the domain name www.braingainmag.com) will share/sell/transfer/license/convey some or all of your personal information with another business entity should we (or the Company which owns the Website) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. In the event that any transaction happens which may lead to passing your personal information to a new entity (apart from BrainGain Global or any of its affiliates), such new entity shall be required to provide us a given assurance.

Indemnity

You shall indemnify and hold harmless BrainGain Magazine, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

Trademark, Copyright, and Restriction

This site is controlled and operated by BrainGain Global. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. The material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

BrainGain Magazine respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to us at info@braingainmag.com.

Limitation of Liability

IN NO EVENT SHALL BRAINGAINMAG.COM OR BRAINGAIN MAGAZINE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to info@braingainmag.com.

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