Terms of sale
Last updated on Novermber 12, 2014
IF YOU DO NOT AGREE WITH THE TERMS OF SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE OF APPICATION FORMS.
- Brainybatch, through the Website also makes available of variety of products at an agreed price to You. Purchase of such products will be subject to the Terms of
Sale and such other additional terms, if any, as specified by the Vendor.
- All the Products are governed by the terms of warranties provided by the respective manufacturer/
brands. However, in case any product is covered under seller warranty, it shall be specifically
mentioned under the product details.
- The price of products offered on the Website is either equal to or lesser than the Maximum Retail
Price (MRP) i.e., the discounted rate prescribed for those products. The MRP and
other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.
- In the event You purchase any electronic product/s from the Vendors, Brainybatch shall not be liable
for any fault arising from these electronic product(s). You are requested to visit the nearest service
station as per user manual, if any or as indicated by the Vendor/s for any default in the electronic
product/s. In case if there is no service station located close to you, then, in such circumstances,
Brainybatch shall recall the product(s) upon your request and send it to the service station on Your
behalf. The personnel of service station shall directly get in touch with You for the cost incurred.
- You should take all responsibility for your own actions in utilizing the services purchased by You
and Brainybatch shall not be liable for any such action.
- You represents that You are of legal age to form a binding contract with Brainybatch and are not a
person barred from receiving services under the laws as applicable in India.
- You confirm that Brainybatch shall not be responsible for any deficiency in payment of consideration
payable towards the services purchased from the Website.
- Brainybatch does not offer any refunds against any services already purchased from the Website
unless, any error has occurred during the purchase or redemption of such services which is
directly attributable to Brainybatch.
- Pricing Information
- Brainybatch strives to provide You with the best prices possible on products and services You buy
or avail of from the Website. However, Brainybatch does not guarantee that the price will be the
lowest in the city, region or geography. Prices and availability are subject to change without
notice or any consequential liability to You.
- Credit Card Details
In certain cases, specifically with regard to particular products/ services, You might be required
to provide Your credit or debit card details to the approved payment gateways while making the
payment. In this regard You agree to provide correct and accurate credit/ debit card details to the
approved payment gateways for availing Services on the Website. You shall not use the credit/ debit
card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/
debit card. The information provided by You will not be utilized or shared with any third party
unless required in relation to fraud verifications or by law, regulation or court order. You will
be solely responsible for the security and confidentiality of Your credit/ debit card details.
Brainybatch expressly disclaims all liabilities that may arise as a consequence of any unauthorized
use of Your credit / debit card.
- Cancellation by Brainybatch: There may be certain orders that Brainybatch is unable to accept
and must cancel. Brainybatch reserves the right, at Brainybatch's sole discretion, to refuse or
cancel any order for any reason whatsoever. Some situations that may result in your order being
cancelled include, without limitation, inaccuracies or errors in pricing information, or
problems identified by Brainybatch's credit and fraud avoidance department. Brainybatch may
also require additional verifications or information before accepting any order. Brainybatch
will contact You if all or any portion of your order is cancelled or if additional information
is required to accept your order. If your order is cancelled after your credit card has been
charged, the said amount will be reversed back in your credit card account. A promo code, once
used shall not be refunded in case of cancellation of order either by Customer or Brainybatch.
- Cancellation by the User: In case of requests for order cancellations, Brainybatch reserves
the right to accept or reject requests for order cancellations for any reason whatsoever. As part of
usual business practice, if Brainybatch receives a cancellation notice and the order has not been
processed/ approved by Brainybatch, Brainybatch shall cancel the order and refund the entire amount
to You within a reasonable period of time. Brainybatch will not be able to cancel orders that
have already been processed. Brainybatch has the full right to decide whether an order has been
processed or not. You agree not to dispute the decision made by Brainybatch and accept
Brainybatch's decision regarding the cancellation.
- Brainybatch does not control, endorse or accept responsibility for any product (including but not limited to product catalogues)
or services offered by third parties accessible through the website or any linked sites. Brainybatch makes no representations or
warranties whatsoever about, and shall not be liable for, or any such third parties, or services, including
representations relating to non-infringement of third party intellectual property rights. Any transactions that you may have with such
third parties are at your own risk. Brainybatch also does not accept any responsibility for the usage of the website by you.
- Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold harmless Brainybatch from and against any and all losses,
liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements
in connection therewith and interest chargeable thereon) asserted against or incurred by
Brainybatch that arise out of, result from, or may be payable by virtue of, any breach of any
representation, warranty, covenant or agreement made or obligation to be performed by You pursuant
to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products
and services on the Website.
- In no event shall Brainybatch, its officers, directors, employees, partners or vendors be liable to
You, the Vendor or any third party for any special, incidental, indirect, consequential or
punitive damages whatsoever, including those resulting from loss of use, data or profits, whether
or not foreseeable or whether or not Brainybatch has been advised of the possibility of such
damages, or based on any theory of liability, including breach of contract or warranty, negligence
or other tortious action, or any other claim arising out of or in connection with Your purchase of
the products and services herein. Not withstanding anything to contrary, Brainybatch's entire
liability to you under this terms of sale or otherwise shall be the refund of the money
charged from you for any specific voucher or service, under which the unlikely liability arises.
- Governing Law
- These Terms of Sale and the relationship between you and
Brainybatch shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- You agree that all claims, differences and disputes arising under or in connection with or in
relation to the Terms of Sale or any transactions entered into on or through the Website
or the relationship between You and Brainybatch shall be subject to the exclusive jurisdiction of
the courts at New Delhi and You hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.