Last Updated 06/27/2013

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read these conditions carefully before using the Brainturk.com website. By using the Brainturk.com website, you signify your agreement to be bound by these conditions.

The domain name www.brainturk.com (hereinafter referred to as "Brainturk") is owned by Bodhi Labs Software Services Pvt. Ltd. a company incorporated under the Companies Act, 1956 with its registered office at #42, 9th cross Swimming Pool Extension, Malleshwaram, Bangalore – 560 034, Karnataka, India (hereinafter referred to as “Brainturk”).

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SERVICES.

When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes.

Your failure to follow these rules, whether listed below or anywhere in the Website, may result in suspension or termination of any and all accounts you have established at the Site (your "Account(s)"). You acknowledge that the Company is not required to provide you notice before it so terminates your Account(s).

SITE CONTENTS.

You are on notice that all, All material on this site, including images, illustrations, audio clips, and video clips(collectively, the "Content" ), are protected by copyrights, trademarks, and other intellectual property rights. The Site and the Content may only be used in accordance with the Terms of Service. Content on Website is solely for Your personal, non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in the Terms of Service). 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.

REGISTRATION.

When you finish the registration process, you officially become a Subscriber of Brainturk. If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You are required to provide the Company with accurate, complete, and updated registration information. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Subscriber may not (i) select or use as a Brianturk User ID a name of another person with the intent to impersonate that person or (ii) use as a Brainturk User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s).

You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s). including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service.

LICENSE AND ACCESS TO THE SERVICES.

In consideration for your agreement to the Terms of Service, the Company grants you limited licence to access and make personal use of this website, but non-sublicensable, non-transferable or modify it or any portion of it.

You are granted a limited, revocable, and non-exclusive right to use the website and its contents, as subjected to these Terms of Service. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber's access to parts or all of the Services without notice or liability.

SUBSCRIPTION FEES, PAYMENT AND TRIAL MEMBERSHIPS.

Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber.

Fees may be based on one-time or subscription payments as more fully described on the Site. You may pay the subscription fees with a valid credit card that is under your own name or that you are authorized to use for such purpose. Recurring subscription fees paid by credit card will automatically renew, unless you affirmatively cancel your subscription by prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card for the subscription fee.

You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.

RULES OF USAGE

You certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access to the Site. The Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.

TERMINATION AND REFUND POLICY.

You may terminate certain of the Services at any time by emailing us at info@brainturk.com. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable.

EFFECT OF TERMINATION.

Upon termination of the Subscriber's Account(s), Subscriber's right to use the Services, access the Site, and any Content as provided in the Terms of Service will immediately cease. All provisions of the Terms of Service, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, medical disclaimer, limitations of liability and miscellaneous.

EXTERNAL WEBSITE LINKS.

This Site contains links to other websites.we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Brainturk does not take any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You should carefully review their privacy statements and other conditions of use.

COMMUNICATIONS

When you visit Brainturk.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid email while placing an feedback with us. We may communicate with you by e-mail or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications through e-mail from us with respect to your order.

RESTRICTIONS.

Brainturk Website is intended for your personal use only. Subscriber are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

WARRANTY DISCLAIMER.

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of third parties. YOU AGREE THAT YOU WILL NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH LOSS.

LIMITATION OF LIABILITY.

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of this site.

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using our website.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. YOU UNDERSTAND THAT THE SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

INDEMNITY.

If anyone brings a claim against us related to your actions, content or information on Brainturk, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim or demand, or actions including reasonable attorneys' fees, made by any third party 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.

MEDICAL DISCLAIMER.

The Company's products and services and other Content available on the Site are not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship. Any health information and links on the Site, whether provided by the Company or by contract from outside providers, is provided simply for your convenience. Additionally, the Site may contain links to external websites. Please consult with your physician.

PROHIBITED USES.

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following principles:

(a) You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which You does not have any right to is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(b) You shall not entertain any information, which is misleading in any way or is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or harasses or advocates harassment of another person .

(c)You should not involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming" or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous( infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity].

(d) You shall not accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access or attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization.

(e)You should not forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability.

(f)You shall not entertain, harming minors in any way or infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy.

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

PRIVACY POLICY.

Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about our privacy policies. You are should read the Privacy Policy, use it to help you make informed decisions.

TRADEMARK, COPYRIGHT AND RESTRICTIONS.

This site is controlled and operated by Bodhi Labs Software Services pvt Limited, All contents on this site, including images, illustrations and audio clips are protected by copyrights, trademarks, and other intellectual property rights. All rights reserved.

Contents 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.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

REQUIREMENT OF ARBITRATION.

By using the site or services, or downloading content from or registering for the services, you thereby agree with company that, to the fullest extent permitted by law, you and company will resolve any arbitral claim IN Bangalore , INDIA.

As used in this agreement, an "arbitral claim" is any claim or dispute you have against or with the company or company indemnified parties, or any claim the company has against or with you, arising out of or relating to this agreement, the site, the services or any advertising relating to the site or services, including the enforceability of this agreement to arbitrate, but specifically excluding: claims by the company to enforce its intellectual property rights and/or to prevent or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage.

OTHER TERMS INCLUDING.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

These terms control the relationship between Brainturk and you. They do not create any third party beneficiary rights.

Service Provider makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Both parties agree that the Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications hereto must be in a writing signed by both parties, except as otherwise provided herein. If there is any conflict between the Terms of Service and any additional terms, conditions, and rules posted by the Company on the Site, the Company shall resolve the conflict in its sole discretion. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you does not have any authority of any kind to bind Company in any respect whatsoever.