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Terms of Service

Last updated on 10th May, 2023

BY VISITING brainvault.in OR BY PURCHASING PRODUCTS FROM brainvault.in OR from any of it subpages, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.

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1. GENERAL

Welcome to Brain Vault. These terms of service ("Terms") govern your use of the Brain Vault ("Company") website located at www.brainvault.in ("Site") and the services, courses, workshops, coaching, webinars, seminars, ebooks, consultations and any other products or services offered by Brain Vault (collectively, "Services"). By using the Site or Services, you agree to be bound by these Terms, our Privacy Policy, and any other terms and conditions that may apply to specific Services offered by Brain Vault. Getting to the Site, in any way, regardless of whether robotized or something else, establishes utilization of the Site and your consent to be bound by these Terms of Service. The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "client" shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. 

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We maintain whatever authority is needed to change these Terms of Service or to force new conditions on utilization of the Site, when necessary, in which case we will post the updated Terms of Service, effective immediately, on this site. By proceeding to utilize the Site after we post any such changes, you acknowledge the Terms of Service, as altered.

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IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.

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2. ELIGIBILITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction.

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If you are using this Site or Services on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in these Terms, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If the Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms.

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3. ACCOUNT & REGISTRATION

In order to access certain features of the Site or Services, you may be required to register for an account which may require you to provide personally identifiable information such as your name, email address & phone number. By registering for an account, you agree to provide accurate and complete information about yourself and to promptly update such information as necessary. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activity that occurs under your account. Brain Vault reserves the right to suspend or terminate your account at any time for any reason. 

 

To access certain other features of the Site or Services, we may also ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site or any specific Service, you may also be asked to register with us on the form provided. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form.

 

Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy

4. USE OF SITE & SERVICES

By using this Site or Services You acknowledge and agree that:

  • Your use of this Site, including any content you submit, will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

You will not use this Site or Services in a manner that:

  • Is illegal or promotes or encourages illegal activity.

  • Promotes, encourages or engages in terrorism, violence against people, animals, or property.

  • Promotes, encourages or engages in acts that damage, disable, overburden, or impair any server or network connected to the Site, or interfere with any other party's use and enjoyment of the Site or Services.

  • Promotes, encourages or engages in acts that attempt to gain unauthorized access to any portion of the Site, Services, or any other systems or networks connected to the Site or Services, through hacking, password mining, or any other means.

  • Infringes on the intellectual property rights of another User or any other person or entity.

  • Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.

  • Interferes with the operation of this Site;

  • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.

You will not:

  • Copy or distribute in any medium any part of this Site, except where expressly authorized by Company,

  • Copy or duplicate these Terms.

  • Modify or alter any part of this Site or any of its related technologies,

  • Access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.

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5. INTELLECTUAL PROPRTY RIGHTS

All content, including but not limited to text, graphics, logos, images, videos, and software, made available on the Site or through the Services is the property of Brain Vault or its licensors in perpetuity and is protected by copyright, trademark, and other intellectual property laws. You may not use any of the content, including but not limited to copying, distributing, modifying, reproducing, or transmitting, without the prior written consent of Brain Vault. You may not utilize the Site or the materials accessible on the Site in a way that establishes an encroachment of our rights or that has not been approved by us. 

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Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms.

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By posting or presenting any material (counting, without restriction, remarks, blog sections, photographs and recordings) to us through the Site, you acknowledge that you are the proprietor of the material or are making your posting or accommodation with the express assent of the proprietor of the material. Likewise, when you submit or post any material, you are allowing us, and anybody approved by us, a sovereignty free, never-ending, permanent, non-selective, unlimited, overall permit to utilize, duplicate, alter, transmit, sell, misuse, make subsidiary works from, disseminate, and additionally openly perform or show such material, in entire or to a limited extent, in any way or medium, presently known or in the future created, for any reason. The prior award will incorporate the privilege to misuse any exclusive rights in such posting or accommodation, including, yet not constrained to, rights under copyright, trademark, administration imprint or patent laws under any significant ward. Additionally, regarding the activity of such rights, you award us, and anybody approved by us, the privilege to recognize you as the creator of any of your postings or entries by name, email address or screen name, as we consider proper.

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6. LIMITATIONS ON LINKING AND FRAMING

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or link to any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.

7. PAYMENT & REFUND POLICY

All purchases made through the Site or Services are final, and Company does not issue refunds unless otherwise stated in the specific terms and conditions of a Service. Payment for any Services must be made at the time of purchase, and Company reserves the right to suspend or terminate access to any Services for failure to pay. 

All payments for services must be made in advance unless otherwise stated for a specific service.

PAYMENT METHODS

  1. Payment can be made through credit or debit cards (such as Visa, Mastercard, or RuPay), electronic bank transfers (such as NEFT or RTGS), or mobile payment apps (such as Paytm or Google Pay).

  2. If payment is made through a mobile payment app, please ensure that the payment is made to the correct account and the correct amount.

  3. For services that require multiple payments, payment plans may be available through EMI options.

  4. Proof of payment will be provided to the customer via email, which should be retained for future reference.

  5. If a payment is declined or cannot be processed, we will notify the customer and request alternative payment options.

  6. Any additional fees or charges associated with payment will be clearly stated before payment is processed.

REFUNDS

Please note that our Company does not issue refunds for services that have been paid for in advance. Once payment has been received, it is non-refundable. If a service is cancelled or rescheduled, the payment will be applied towards a future service, at the discretion of the Company.

GUARANTEE

Please note that our Company does not guarantee any specific results for the services we offer. Our services are designed to provide guidance, support, and strategies to help our Clients to achieve their goals, but the success of our services largely depends on Client's willingness to implement and take initiative. Our Company cannot be held responsible for any outcomes that are beyond our control.

CANCELLATION POLICY

Please note that our Company does not allow for cancellations of appointments or services. If a Client is unable to attend a scheduled appointment or service, they may reschedule it 4 hours prior to the scheduled appointment or service time for a later date or use the payment towards another service, at the discretion of the Company. However, if the Client fails to communicate their unavailability at least 4 hours in advance or fails to show up for their scheduled service on time or under 5 minutes after the scheduled time, the service will be considered delivered and no refund or rescheduling will be allowed.

PAYMENT PLANS & FINANCING

If a Client opts to pay for a service through EMIs and fails to make a payment or defaults on any payment, any fees or charges levied due to the default will be the responsibility of the client. The Company will not hold any responsibility for these fees or charges.

INVOICING

Clients will receive an invoice through email for proof of purchase and payment. The invoice will include details such as the service purchased, the amount paid, and the payment method, etc.

PAYMENT INQUIRIES

For payment and refund inquiries, Clients can contact help@brainvault.in and expect a reply within 7 working days.

DISCLAIMER

By making a purchase, the Client acknowledges and agrees that they understand the nature of the services provided by our Company and that these services are not intended to be a substitute for mental health services, including those provided by a licensed psychologist, psychiatrist, or psychotherapist. The Client further acknowledges that they are solely responsible for their mental health and wellbeing, and that any undiagnosed or undisclosed mental health conditions are their sole responsibility. If the Client is seeking mental health services, it is their responsibility to seek the appropriate qualified practitioner. The Company cannot be held liable for any issues arising from the Client's failure to seek appropriate mental health care or for any undiagnosed or undisclosed mental health conditions.

TAXES & FEES

We charge a transaction fee of 3% for all services, in addition to any applicable government taxes. This fee may be included in the list price of the service, added as a line item in the invoice, or added at checkout. There are no exemptions or exceptions to this fee. The responsibility of paying any taxes or fees levied by the government lies solely with the client. We will collect and remit any applicable taxes to the appropriate authorities on behalf of our clients.

8. DISCONTINUED SERVICES

Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

9. PRIVACY POLICY​​​​​​

Our Privacy Policy is available on the Site and outlines how we collect, use, and protect your personal information. By using the Site or Services, you agree to the terms of the Privacy Policy.

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10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND SERCIES PROVIDED ARE "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

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IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

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11. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

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THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

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12. LINKS TO THIRD-PARTY WEBSITES

This Site may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using this Site you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

 

13. DATA TRANSFER

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.


14. AVAILABILITY OF WEBSITE

Subject to these Terms and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

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You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.


15. GOVERNING LAW & DISPUTE RESOLUTION

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the India without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Site or Services shall be instituted exclusively in the courts located in Mumbai, Maharashtra, India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. TERMINATION

We reserve the right to terminate your access to the Site or Services at any time, without notice, for any reason, including but not limited to a breach of these Terms. Upon termination, you must immediately cease all use of the Site and Services, and any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to the sections on Intellectual Property, Payment and Refund Policy, Privacy Policy, Disclaimer of Warranties and Limitation of Liability, Governing Law and Dispute Resolution, Indemnification, and Termination.

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17. INDEMNIFICATION

You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

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18. NO WAIVER

Any failure by Us to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

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19. RELATIONSHIP OF THE PARTIES

You and Us are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

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20. FORCE MAJEURE

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

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21. TITLES & HEADINGS

The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

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22. SURVIVAL
The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to the sections on Intellectual Property, Payment and Refund Policy, Privacy Policy, Disclaimer of Warranties and Limitation of Liability, Governing Law and Dispute Resolution, Indemnification, and Termination.

23. SEVERABILITY

Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

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24. CHANGES TO TERMS OF SERVICE

We reserve the right to modify these Terms at any time without prior notice. If we make changes to these Terms, we will post the revised Terms on the Site and update the "Last Updated" date at the top of these Terms. Your continued use of the Site or Services following the posting of the revised Terms means that you accept and agree to the changes.

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25. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies applicable to specific portions of the Site or Services, constitute the entire agreement between you and Us relating to the use of the Site and Services and supersedes all prior or contemporaneous oral or written communications and proposals. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

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26. CONACT US

If you have any questions about these Terms or the Site or Services, please contact us at help@brainvault.in

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