Our Terms & Conditions
This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions, if any, specific to the use of individual Services (hereinafter the "Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms." In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail. Just SmartClick Product of Brainiac Soft.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
- The company represents that the information supplied in the credit application is in all respects complete, accurate, and truthful. The company agrees to notify you of all/any scheme letter or brand-related communication to all the users, but you must follow up on substantive changes in the information provided.
- The company shall immediately notify you of any postal or email address change, and, failing such notification, any notice to the company is effectively sent if sent by post or email to the company's last known address.
- The company understands that the information included in the credit application is for use by you in determining the amount if any, and conditions of credit to be extended. However, at the same time, it has to be kept into consideration that the application offers to various products may vary from consumer to consume; client to client, and Company to Company and also that the value displayed on the dashboard may vary depending upon the data or the query changes whatsoever the case may be.
- The credit limit and payment terms requested are contingent upon credit approval from you. The company understands that you may cancel credit at any time without notice, but this is very clear and understood by you that the scheme and the expected payout might vary subject to the market scenario, and the company shall not be in any case held liable for the variation with the target result.
- In the event the payout is not received from any brand or party or any investment product, the company shall not be held liable for it. The absolute risk and liability are of the individual client only. The company shall not be made a party to any dispute regarding variation in the investment outcome.
- The company may display specific targets and achievements data to you, which may vary from the actual data as verified by an individual's RDS, and this variation may not be subjected to any dispute at a later stage of the investment/scheme. Similarly, the data relating to the outstanding payment of customers and the data pertaining to collection of the outstanding payment may also vary (subject to an individual investment scheme and mode of repayment) for which the company shall not be held liable in any case.
- The company declares that the product's information as displayed on the site may vary from the actual product and such variation includes the variation in photographs/logos/design/make for which the company shall not be responsible.
- The company also clearly states that it shall save and store the consumer/customer data (inclusive of the name of the customer/contact details of the customer)for future business requirements, and such data stored shall be the sole property.
- The company also states that it shall save and store the retailers /purchase /sale/data (inclusive of the name of the retailer/contact details of the retailer/provider)for future business requirements, and such data stored shall be the sole property.
- The company expects that you must have a clear understanding of the quarry or formulas, and any mistake or loss caused by you due to wrong entry of quarry or formula has to be borne exclusively by you only. The Brainiac Soft has no role/liability for any losses incurred due to such or similar discrepancies.
- Company expressly declares that any Notification and SMS responsivity sent vide various incorporated groups or any notifications sent to users and the product thus sent or received; all this is at the risk of the user itself, and the Brainiac soft shall not be held liable for any discrepancy in any of the aforestated things.
- All rights relating to the Display banner or the wallpaper chosen by the client and are uploaded by the user for marketing purposes, and the company shall not be tried for any issue pertaining to the use of such Display objects.
- You agree to submit payment to the company in full for all services rendered (without deduction or setoff), on the due date. Payments made shall be applied by YOU in the following order: on all interest charges, if any, and then invoices beginning with the earliest in date up to the most recent.
- The company may subscribe or unsubscribe any user or may also remove any of the users at any point in time without any notice/with a notice of 30 days. Also, all the data stored of such clients may be retained or deleted as per the company's requirements, and the company is not liable for assessing or deleting the data with or without notice as the case may be.
- The company shall implement measures to protect the consumer data against unauthorized access and abide by applicable data protection laws, regulations, regulatory requirements in the relevant jurisdiction.
- The company agrees that it is authorizing CLIENT to obtain financial information from the Trade and Bank references listed in the Credit application by signing this document. The company explicitly authorizes CLIENT to obtain credit reports in connection with this credit application. The company also authorizes the Trade and Bank references, listed in the Credit Application, to release to CLIENT, continuingly, any other financial information required by CLIENT to make its credit decisions.
- All disputes must be submitted to either party, in writing, no later than 30 days following the date of billing. Any billing not challenged within 30 days will be deemed accepted, and it is agreed that the billing shall not be subject to dispute by both Parties.
- Brainiac Soft represents that the information supplied in the Credit Application is in all respects complete, accurate and truthful. Company agrees to notify User (Client) of ALL/any SCHEME LETTER OR BRAND RELATED COMMUNICATION TO ALL THE USERS BUT substantive changes in the information provided HAVE TO BE FOLLOWED UP BY THE CLIENT HIMSELF.
- Company shall immediately notify CLIENT of any change of postal or email address, and, failing such notification, any notice to Company is effectively sent if sent by post or email to Company's last known address.
- Company understands that the information included in the credit application is for use by CLIENT in determining the amount, if any, and conditions of credit to be extended. BUT AT THE SAME TIME IT HAS TO BE KEPT INTO CONSIDERATION THAT THE APLICABLE OFFERS TO VARIOUS PRODUCTS MAY VARY FROM CONSUMER TO CONSUMER; CLIENT TO CLIENT AND COMPANY TO COMPANY AND ALSO THAT THE VALUE DISPLAYED ON THE DASHBOARD MAY VARY DEPENDING UPON THE DATA OR THE QUERY CHANGES WHATSOEVER THE CASE MAY BE.
- Credit limit and payment terms requested are contingent upon credit approval from CLIENT. Company understands that CLIENT may cancel credit at any time without notice BUT THIS IS VERY CLEAR AND UNDERSTOOD BY THE CLIENT THAT THE SCHEME AND THE EXPECTED PAYOUT MAY VARY SUBJECT TO THE MARKET SCENARIO AND THE COMPANY SHALL NOT BE IN ANY CASE HELD LIABLE FOR THE VARIATION WITH THE TARGET RESULT.
- IN THE EVENT PAYOUT IS NOT RECIEVED FROM ANY BRAND OR PARTY OR ANY INVESTMENT PRODUCT THE COMAPNY SHALL NOT BE HELD LIABLE FOR IT. THE WHOLE RISK AND LIABILITY IS OF THE INDIVIDUAL CLIENT ONLY. THE COMPANY SHALL NOT BE MADE A PARTY TO ANY DISPUTE REGARDING VARIATION IN THE OUTCOME OF THE INVESTMENT.
- The Company may display certain targets and achievements data to the client which may vary from the actual data as verified by individual’s RDS and this variation may not be subjected to any kind of dispute at a later stage of investment/scheme. Similarly, the data relating to outstanding payment of customers and the data pertaining to collection of the outstanding payment may also vary (subject to individual investment scheme and mode of repayment) for which the company shall not be held liable in any case.
- Company CLEARLY DECLARES THAT THE INFORMATION OF THE PRODUCT AS DISPLAYED ON THE SITE MAY VARY FROM THE ACTUAL PRODUCT AND SUCH VARIATION INCLUDES THE VARIATION IN PHOTOGRAPHS/LOGOS/DESIGN/MAKE FOR WHICH THE COMPANY SHALL NOT BE RESPONSIBLE.
- COMPANY ALSO CLEARLY STATES THAT IT SHALL SAVE AND STORE THE CONSUMER/CUSTOMER DATA (inclusive of the name of the customer/contact details of the customer) FOR FUTURE BUSINESS REQUIREMENTS AND SUCH DATA STORED SHALL BE THE SOLE PROPERTY OF THE COMPANY WHICH IT MAY USE AS PER ITS BUSINESS REQUIREMENTS/MARKETING SURVEYS ETC.
- COMPANY ALSO CLEARLY STATES THAT IT SHALL SAVE AND STORE THE RETAILERS /PURCHASE /SALE/DATA (inclusive of the name of the RETAILER/contact details of the Retailer/provider) FOR FUTURE BUSINESS REQUIREMENTS AND SUCH DATA STORED SHALL BE THE SOLE PROPERTY OF THE COMPANY WHICH IT MAY USE AS PER ITS BUSINESS REQUIREMENTS/MARKETING SURVEYS ETC.
- Company EXPECTS THAT CLIENT MUST HAVE CLEAR UNDERSTANDING OF THE QUARRY or FORMULAS AND ANY KIND OF MISTAKE OR LOSS CAUSED BY THE CLIENT DUE TO WRONG ENTRY OF QUARRY OR FORMULA HAS TO BE BORNE EXCLUSIVELY BY THE CLIENT ONLY. THE COMPANY HAS NO ROLE/LIABILIY FOR ANY LOSSES INCURRED DUE TO SUCH OR SIMILAR DISCREPANCIES.
- Company EXPRESSLY DECLARES THAT ANY KIND OF Notification and SMS responsivity sent vide various incorporated groups or any kind of notifications sent to users and the product thus sent or received; all this is at the risk of the owner itself and company shall not be held liable for any discrepancy in any of the foretasted things.
- All rights relating to Display banner, or the wallpaper chosen by the client and are uploaded by the user for marketing purpose and the company shall not be tried for any issue pertaining to the use of such Display objects.
- Company agrees to submit payment to CLIENT in full for all services rendered (without deduction or setoff), on the due date of each billing. Payments made shall be applied by CLIENT in the following order: on all interest charges, if any, and then, invoices beginning with the earliest in date up to the most recent.
- The Client in the capacity of user shall be only acting as a service provider for the company and that too only up to the validity of this agreement. The Company my subscribe or unsubscribe any user or may also remove any of the user at any point of time without any notice/with a notice of 30 days. Also, all the data stored of such client may be retained or deleted as per the requirements of the company and the company is not liable for assessing or deleting the data with or without notice as the case may be.
- The Company shall implement measures to protect the consumer data against unauthorized access and shall abide by applicable data protection laws, regulations, regulatory requirements in the relevant jurisdiction.
- Company agrees that by signing this document, it is authorizing CLIENT to obtain financial information from the Trade and Bank references listed in the Credit application. Company explicitly authorizes CLIENT to obtain credit reports in connection with this application for credit. Company also authorizes the Trade and Bank references, listed in the Credit Application, to release to CLIENT, on a continuing basis, any other financial information required by CLIENT to make its credit decisions. Company hereby waives its rights to privacy with respect to all applicable Privacy Laws.
- CLIENT agrees that any subsidiary, associated or affiliated companies named by Company shall be entitled to participate in the credit privileges of Company, provided that Company agrees to be fully responsible for payment of any charges incurred by such companies and hereby guarantees payment thereof.
- Company understands that its obligation to pay freight or other charges is governed by tariffs and that statutory compliance extends to it. Company shall be unconditionally responsible for all freight or other charges for which credit has been extended pursuant to the Credit Application and Agreement. If the services of a broker, forwarding agent or others (collectively the "Agents") are utilized in connection with the payment of freight or other charges to any Agents, Company agrees that such Agents act as Shipper's or Consignee's Agents for such purpose and not as Agents to CLIENT. Company further specifically agrees that, in extending credit, CLIENT is relying upon Company’s credit history and upon CLIENT’ lien on goods and not upon the credit of such Agents. Company shall be absolutely and unconditionally responsible for payment to CLIENT of all freight and other charges whether or not funds for payment of such freight and other charges have been advanced by Company to Agents. If Company provides funds to an Agent to pay freight or other charges due to CLIENT, it does so at its own risk, and in the event such Agent converts such funds to its own use or for any other reason fails to pay them to CLIENT, Company shall remain absolutely and unconditionally liable to CLIENT for the payment of such freight and other charges. In no event shall any demand by CLIENT upon such Agent for payment constitute a waiver or estoppel of CLIENT’ right to enforce Company’s undertaking herein.
- All disputes must be submitted to CLIENT, in writing, no later than 30 days following the date of billing. Any billing not challenged by Company within 30 days will be deemed accepted and it is agreed the billing shall not be subject to dispute by Company.
- If any one or more of the above terms becomes invalid or illegal in any respect, such term or terms shall be waived and the validity, legality and enforceability of the remaining terms shall not be affected.
- This document, together with any attached documents and invoices, constitutes and expresses the entire agreement of the parties. In the case of conflict between this document and any other contract or document, the parties that understand that this agreement controls, unless stated otherwise by the parties.
You are accountable for
i) making certain confidentiality of your organization account password,
ii) appointing competent people as directors for managing your organization account, and
iii) ensuring that each of the activities that occur about your organization account adjusts to this Agreement.
You perceive that the company isn't responsible for account administration and internal management of the Services for you.
You are accountable for taking the necessary steps to guarantee that your organization does not lose management of the administrator accounts. For example, for the account recovery process, the company might give control of an administrator account to a person providing proof satisfactory to the company demonstrating authorization to act on behalf of the organization. You agree not to hold the company liable for the implications of any action taken by the company in honestness during this regard.
The company reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 30 days. In the event of such termination, all data associated with such user account will be deleted. The company will provide you prior notice of such termination.
Each Service will be considered an independent and separate service to calculate the period of inactivity. In other words, activity in one of the Services is insufficient to keep the user account in another Service active.
The company respects your right to ownership of content created or stored by you. You own the content created or stored by you. Therefore, unless expressly permitted by you, your use of the Services does not grant the company the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for the company's commercial, marketing or any similar purpose. However, you grant the Company permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for providing the Services to you.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. If you are a publisher of news and current affairs content defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, you shall furnish details to the Ministry of Information and Broadcasting as required by rule 18. Any content made public will be publicly accessible through the internet and maybe crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only, and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services, you affirm that you have the consent, authorization, or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that the company will have the right to block access to or remove such content made available by you if the company receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to the determination of illegality or infringement of third-party rights in such content by the agent designated by the company for this purpose.
The company may provide sample files and applications to demonstrate the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. The company makes no warranty, either express or implied, regarding the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications. The company may modify the applications based on its non-usage policy.
The company tends to offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for the aim of testing and analysis. You agree that we have got the only absolute authority and discretion to see the amount of time for testing and evaluating Beta Services. We will be the sole decision of the success of such testing and, therefore, the decision, if any, to supply the Beta Services as industrial services. You will be under no obligation to amass a subscription to use any paid Service as a result of your subscription to any Beta Service. We tend to reserve the right to totally or partly discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without warning to you. You agree that the company will not be susceptible to you or any third party for any damage connected to, arising out of, or caused by the modification, suspension, or discontinuation of the Beta Services for any reason.
Company logo, the names of individual Services and their logos are trademarks of Brainiac Soft. You agree not to display or use, in any manner, the company trademarks without the company's prior permission.
Mobile Brand Logo or any third party Brand Logos or trademarks item can not use any ware.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE COMPANY, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT THE COMPANY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE COMPANY'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless the company, its officers, directors, employees, suppliers, and affiliates from and against any losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where the company authorizes such use.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final. The arbitration shall be conducted in proceedings and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, the company may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
The company may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to removed or subscription can be expired on or before thirty days of being notified. The company may terminate a suspended or disabled user account after thirty days. We will also terminate your user account at your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service.
You have the right to terminate your user account if the company breaches its obligations under these Terms, and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user accounts such as your email address and password, and deletion of all data in your user account.
I AGREED TO ACCEPT TERMS AND CONDITIONS FOR MUTUAL CONSENT OF THE BUSINESS AND SINGING UP FOR ACCOUNT OPENING AND GOVERNING USE OF THE COMPANY ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE/APPLICATION.