Terms & Conditions
Overview
This website, www.brainbasket.co.in, is operated by Nachiketa Learnings Private Limited, a company registered under the provisions of the Companies Act, 2013, with its principal place of business in Mumbai and Thane, India. Throughout the site, the terms “we”, “us”, and “our” refer to Nachiketa Learnings Private Limited. The terms “Brain Basket” or "Brain Basket " also represent the same entity for all intents and purposes.
Nachiketa Learnings Private Limited offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By accessing or using this website and/or purchasing any products or services from us, you agree to be bound by these Terms of Service (hereafter referred to as the “Terms”), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink.
These Terms apply to all users of the website, including but not limited to browsers, vendors, customers, merchants, and content contributors. Please read these Terms carefully before accessing or using our website. By continuing to browse or use this site, you signify your agreement to be bound by these Terms. If you do not agree with all of the terms and conditions stated here, then you may not access the website or use any services provided.
Any new features or tools which are added to the website or any updates to the existing store shall also be subject to these Terms. We reserve the right to modify, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to review these Terms periodically for updates. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Trademark
The trademarks, names, logos, and service marks (collectively referred to as "trademarks") displayed on this website, including but not limited to "Brain Basket ," are the exclusive property of Nachiketa Learnings Private Limited or its respective owners. All trademarks are protected under applicable laws and may not be used without the prior written permission of the owner.
Nothing contained on this website should be construed as granting any license or right to you to use any trademark displayed on the site without the express written consent of the trademark owner. Unauthorized use of any trademark, logo, or service mark is strictly prohibited and may violate trademark laws and regulations.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. By using our services, you acknowledge and agree that your content (excluding credit card information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) alterations to conform and adapt to the technical requirements of connecting networks or devices. Please note that credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Service, the use of our Service, or access to our Service, or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Online Store Terms
1. Age Representation: By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your state or province, or you have consent from a parent or guardian for any minor dependents to use this website.
2. Prohibited Uses: You may not use our products or services for illegal or unauthorized purposes, including:
o Violating applicable laws or regulations.
o Infringing on intellectual property rights.
o Transmitting harmful or objectionable content.
3. Compliance with Laws: You agree to adhere to all local, state, national, and international laws related to your use of the Service.
4. Prohibition of Harmful Code: You must not transmit any viruses, worms, or destructive code. Unauthorized access attempts to the Service are prohibited.
5. Consequences of Breach: Breaching any of these Terms may result in immediate termination of your access to the Service, with potential legal remedies pursued by Brain Basket .
6. Limitation of Liability: Brain Basket and its affiliates are not liable for any indirect, incidental, or consequential damages arising from your use of the Service, even if advised of the possibility of such damages.
Accuracy, Completeness, and Timeliness of Information
1. No Responsibility for Inaccuracies: Brain Basket is not responsible for any inaccuracies, incompleteness, or lack of timeliness in the information provided on this website.
2. General Information Only: The content on this site is intended for general informational purposes and should not be relied upon as the sole basis for decision-making. Always consult primary and more reliable sources for accurate information.
3. User Reliance: Any reliance on the information provided on this site is at your own risk.
4. Modification Rights: We reserve the right to modify site content at any time without obligation to update any specific information. It is your responsibility to regularly check for changes.
Modifications to the Service and Prices
Prices for our products are subject to change without prior notice. We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without notice. As such, we shall not be liable for any modifications, price changes, suspensions, or discontinuations of the Service, whether to you or any third party.
Products or Services
Certain products and services may be available exclusively through our website and may feature limited quantities. These items are subject to our Return Policy, which outlines the conditions for returns and exchanges, including eligibility criteria and timelines. While we take extensive measures to display the colors, designs, and images of our products accurately, we cannot guarantee that your computer monitor's display will perfectly match the actual product colors or details. We retain the right to limit sales of our products or services to any individual, geographic region, or jurisdiction, and such limitations may be applied on a case-by-case basis.
Additionally, we may impose restrictions on the quantities of any products or services available for purchase. All descriptions, images, and pricing of products are subject to change at any time without prior notice at our sole discretion, reflecting market fluctuations, inventory changes, or other considerations. We also reserve the right to discontinue any product or service at any time without notice. Any promotional offers or discounts related to products or services listed on this site are void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained will meet your expectations. Moreover, we do not warrant that any errors or defects in the Service will be corrected, as such improvements are subject to our operational priorities and capacity.
Accuracy of Billing and Account Information
We reserve the right to refuse or cancel any order at our sole discretion. This includes the right to limit or cancel quantities purchased by an individual, household, or order. Such restrictions may apply to orders placed under the same customer account, using the same credit card, or shipped to the same billing or shipping address.
In the event that we make changes to or cancel an order, we will attempt to notify you through the email address and/or phone number provided during the order process. It is essential to ensure that this information is accurate and up to date.
We also reserve the right to limit or prohibit orders that, in our judgment, appear to be made by dealers, resellers, or distributors, as this helps maintain the integrity of our services.
To facilitate seamless transactions, you agree to provide current, complete, and accurate purchase and account information when placing orders. This includes updating your account with any changes to your email address, credit card numbers, expiration dates, and billing information. Failure to provide accurate information may result in delays or cancellations of your orders.
For more details regarding order modifications, cancellations, and other policies, please refer to our Returns Policy.
Optional Tools
We may provide access to third-party tools that we do not monitor, control, or input into. You acknowledge that such tools are provided "as is" and "as available," without any warranties, representations, or endorsements from us.
We assume no liability for any issues arising from your use of these optional third-party tools. Your use of these tools is at your own risk, and you should review and accept the terms set forth by the respective third-party providers.
Additionally, we may introduce new services and features on the website in the future, including new tools and resources, which will also be governed by these Terms of Service.
Third-Party Links
Our website and services may feature content, products, or services that originate from third parties. This may include advertisements, promotions, or links to external websites that are not owned or controlled by Brain Basket (Nachiketa Learnings Private Limited).
1. No Endorsement:
The presence of any third-party link or content on our site does not imply endorsement, affiliation, or approval of the third-party or its products and services. We do not control the content of these external sites and are not responsible for their accuracy, legality, or appropriateness.
2. No Liability:
You acknowledge and agree that we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages that may arise from your access to or use of any third-party materials or websites. This includes, but is not limited to, damages related to the purchase or use of goods, services, resources, or any content accessed through these third-party links.
3. Responsibility for Transactions:
Any transactions you engage in with third-party vendors are solely between you and the third party. We have no control over the terms and conditions that these third parties may impose, and we cannot guarantee the quality, safety, or legality of their products or services.
4. User Caution:
Before engaging in any transaction or providing personal information on a third-party website, we strongly recommend that you carefully review their terms of service, privacy policies, and any other applicable guidelines. Your use of such websites is at your own risk.
Reporting Issues
Our website and services may feature content, products, or services that originate from third parties. This may include advertisements, promotions, or links to external websites that are not owned or controlled by Brain Basket (Nachiketa Learnings Private Limited).
1. No Endorsement:
The presence of any third-party link or content on our site does not imply endorsement, affiliation, or approval of the third-party or its products and services. We do not control the content of these external sites and are not responsible for their accuracy, legality, or appropriateness.
2. No Liability:
You acknowledge and agree that we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages that may arise from your access to or use of any third-party materials or websites. This includes, but is not limited to, damages related to the purchase or use of goods, services, resources, or any content accessed through these third-party links.
3. Responsibility for Transactions:
Any transactions you engage in with third-party vendors are solely between you and the third party. We have no control over the terms and conditions that these third parties may impose, and we cannot guarantee the quality, safety, or legality of their products or services.
4. User Caution:
Before engaging in any transaction or providing personal information on a third-party website, we strongly recommend that you carefully review their terms of service, privacy policies, and any other applicable guidelines. Your use of such websites is at your own risk.
5. Reporting Issues:
If you encounter any problems or issues with a third-party website or service, including complaints or claims regarding their products, please direct those concerns to the respective third party. We do not monitor or mediate such issues and cannot assist in resolving them.
Personal Information
Your submission of personal information through our store is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data.
1. User Comments and Feedback:
If you submit comments, feedback, or other materials (collectively referred to as "Comments") at our request or without solicitation—such as contest entries, suggestions, proposals, or creative ideas—you agree that we may use such Comments in various ways. Specifically, you grant us the unrestricted right to edit, copy, publish, distribute, translate, and otherwise utilize any Comments in any medium, at any time, without compensation to you.
2. No Confidentiality Obligations:
We are under no obligation to:
• Maintain any Comments in confidence.
• Compensate you for any Comments submitted.
• Respond to any Comments.
3. Monitoring and Content Removal:
While we reserve the right to monitor, edit, or remove Comments at our sole discretion, we are not obligated to do so. We may remove any Comments that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violate any party's intellectual property rights or these Terms of Service.
4. User Responsibilities:
By submitting Comments, you represent and warrant that:
• Your Comments do not infringe on the rights of any third party, including copyright, trademark, privacy, or other personal rights.
• Your Comments are not unlawful, abusive, obscene, or contain libellous material.
• Your Comments do not include any computer viruses or malware that could affect the operation of our Service or any related websites.
• You will not use a false email address or impersonate any person or entity, nor mislead us or third parties regarding the origin of any Comments.
5. Liability Disclaimer:
You are solely responsible for any Comments you submit and for their accuracy. We take no responsibility and assume no liability for any Comments made by you or any third-party.
Errors, Inaccuracies, and Omissions
Occasionally, you may encounter information on our website or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions at our sole discretion. This includes the authority to change or update information and to cancel orders if any information in the Service or on any related website is found to be inaccurate, without prior notice. This may occur even after you have submitted your order. Furthermore, we undertake no obligation to update, amend, or clarify information within the Service or on any related website, including, but not limited to, pricing information, except as required by applicable law. It is important to note that no specified update or refresh date applied in the Service or on any related website should be construed to indicate that all information has been modified or updated. We encourage users to verify any information before making decisions based on it, as your reliance on any information found in the Service is at your own risk.
Prohibited Uses
In addition to other prohibitions detailed in these Terms of Service, you are strictly prohibited from utilizing the site or its content for any unlawful activities. This includes, but is not limited to, soliciting others to engage in illegal acts or violating any international, federal, provincial, or local laws, regulations, or ordinances.
You must not infringe upon or violate our intellectual property rights or the intellectual property rights of others. This includes unauthorized use of trademarks, copyrights, and other proprietary information. Any actions that constitute harassment, abuse, intimidation, or discrimination on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability are expressly forbidden.
Submitting false, misleading, or fraudulent information is not allowed. You may not upload or transmit viruses, malware, or any other harmful code that could disrupt, damage, or impair the functionality or security of the Service, related websites, or any other systems connected to the Internet.
Collecting or tracking personal information of other users without their consent is strictly prohibited. This includes any form of data mining, scraping, or unauthorized data collection. Additionally, you are not permitted to engage in any form of spamming, phishing, pretexting, or similar deceptive practices aimed at misleading others.
You may not utilize the site for any obscene, immoral, or unethical purposes, nor may you interfere with or circumvent any security features of the Service or related websites. This includes attempts to gain unauthorized access to systems or networks associated with the Service.
Any violation of these prohibited uses may result in immediate termination of your access to the Service and related websites, as well as potential legal action. We reserve the right to take any necessary steps to ensure compliance with these Terms and to protect our rights and those of our users.
Disclaimer of Warranties; Limitation of Liability
Nachiketa Learnings Private Limited, does not guarantee, represent, or warrant that your use of our services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the services will be accurate or reliable. You acknowledge that we may remove the services for indefinite periods or cancel the services at any time without prior notice.
You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all products delivered to you through the services are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Nachiketa Learnings Private Limited, nor its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any products procured using the services.
This limitation of liability also applies to any claims related to your use of the services or any product, including any errors or omissions in any content or any loss or damage incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, Nachiketa Learnings Private Limited, limits its liability to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Nachiketa Learnings Private Limited, along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorneys’ fees, made by any third party. This indemnification applies to claims arising from or related to your breach of these Terms of Service or any documents incorporated by reference, or your violation of any applicable law or the rights of a third party. Your obligation to indemnify includes covering any costs, losses, or damages incurred as a result of such claims.
Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent allowed by applicable law, and the remaining provisions shall continue in full force and effect. The unenforceable portion will be deemed severed from these Terms of Service, ensuring that the validity and enforceability of the other remaining provisions are not impacted by this determination.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or services following the posting of any changes constitutes your acceptance of those changes.
Governing Law
These Terms of Service and any agreements under which we provide services to you shall be governed by and construed in accordance with the laws of India, as per the articles and/or Memorandum of Understanding established by the Board of Nachiketa Learning Pvt. Ltd., A-001/002/003, Ground Floor, Vasundhara Chedda CHSL, Poonam Sagar Complex, Mira Road East, Thane- 401107. Any disputes or claims arising out of or related to your use of this site, the services provided, or any breach of this Agreement shall be resolved through arbitration. In all cases, jurisdiction for any disputes or claims will reside exclusively with the courts of Mumbai.
Entire Agreement
The failure of Nachiketa Learning Pvt. Ltd. to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and Nachiketa Learning Pvt. Ltd. regarding your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Nachiketa Learning Pvt. Ltd. (including any previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective until terminated by either you or Nachiketa Learning Pvt. Ltd. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
In the event that Nachiketa Learning Pvt. Ltd. determines, in its sole discretion, that you have failed or are suspected of failing to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
Communication
You provide Nachiketa Learnings Pvt. Ltd. the right to communicate with you via Electronic Email (e-mails), phone calls or SMS for any reason related to the services being offered or any similar matter. The content of such will be determined by the Company and may not be copied or reproduced in any manner.
Contact Information
Questions about the Terms & Conditions should be sent to us atonline@mybrainbasket.com