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Transcript No.

Terms & Conditions

BRAINMEASURES TERMS AND CONDITIONS


TABLE OF CONTENTS

1) TERMS AND CONDITIONS FOR GENERAL USERS
a) MODIFICATION OF THESE TERMS OF USE
b) USE OF SITE
c) COPYRIGHTS AND TRADEMARKS
d) FEES AND PAYMENTS
e) TERMINATION OF SERVICES
f) THIRD PARTY LINKS AND ADVERTISMENTS
g) USE OF SUBMITTED MATERIAL
h) SECURITY OF DATA
i) TECHNICAL INFORMATION
j) WHO CAN USE BRAINMEASURES SITE
k) SECURITY BREACH
l) TYPOGRAPHICAL ERRORS
m) PASSWORD, USERNAME AND PIN SECURITY
n) NON COMMERCIAL USE LIMITATION
o) BRAINMEASURES EXCLUSIVE SELLING RIGHTS p) AVAILABILITY OF SERVICES
q) ANALYSIS REPORT AND RESULTS
r) INSTRUCTIONS FOR INTERNATIONAL USE
s) DISPATCH OF CERTIFICATES
t) VARIOUS PAYMENT MODES, REFUNDS AND COMPENSATION
u) WITHDRAWAL FROM ASSOCIATION
v) LAWS AND JURISDICTION
w) DISCLAIMER: LIMITATION OF LIABILITIES
x) INDEMNIFICATION

2) TERMS AND CONDITIONS FOR CORPORATE USERS

3) TERMS AND CONDITIONS FOR BRAINMEASURES AFFILIATE MERCHANTS

Brainmeasures online skill testing, screening and Certification Company serves its users according following cited terms and conditions. Brainmeasures site has been offered to its users conditioned on their acceptance without modification of the terms and conditions and notices contained herein. Our terms and conditions have been divided into following three categories:

TERMS AND CONDITIONS FOR GENERAL USES

TERMS AND CONDITIONS SET FORTH FOR CORPORATE USERS

TERMS AND CONDITIONS FOR BRAINMEASURES AFFILIATE MERCHANTS

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE:

By accessing this site, you agree to accept these terms of use conditions and all applicable laws. The general terms and conditions are applicable to all users who visit this site including the corporates and Brainmeasures affiliate merchants, but few additional terms of service have been set forth for corporates and affiliate merchants.

1) TERMS AND CONDITIONS FOR GENERAL USERS
When you use our site or buy our tests and certifications you are consenting to be bound by these terms and conditions. If you do not agree to be subject to all these terms and conditions, you are advised not to use brainmeasures services.

a) MODIFICATION OF THESE TERMS OF USE
Brainmeasures reserves the right to change or modify the term and conditions and notices under which it offers its services. Any changes whenever made will be notified on our homepage, you are responsible for regularly reviewing these terms and conditions.

b) USE OF SITE
Unless otherwise specified, brainmeasures site is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, transfer or sell any information obtained from brainmeasures .

c) COPYRIGHTS AND TRADEMARKS
The entire content included in this site, including but not limited to text, design, graphics, interfaces or code or selection and arrangement thereof is copyrighted. All trade marks, service marks and trade names are trademarks or registered trade names of, and are proprietary to Brainmeasures or other respective owners that have granted brainmeasures,the license to use such marks. Therefore copying, reversing, modifying, transmitting, displaying, reproducing, transferring,and/or misusing the content of our site is a punishable offence.

d) FEES AND PAYMENTS
You agree to pay for our tests and certifications as according to payment structure set forth by Brainmeasures. You are solely responsible to pay for all charges and fees required to buy our tests, certifications or other services offered by brainmeasures or the assessments arising out of any use of your account by you or anyone else. Brainmeasures reserves the rights to modify the costs of tests and certifications from time to time provided that such new price change shall not come into effect until  renewal of current contract.

e) TERMINATION OF SERVICE
We reserve the right to terminate any or all services provided to you at any time if the terms of contract are breached or we find any discrepancies in the data submitted by you at the time of registration. If we terminate our services, you will agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. Thus if we terminate your account no refunds will be granted to you.

f) THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, the site may contain links to other sites on the internet that are owned and operated by third party vendors and other third parties (“external sites“). Brainmeasures has no control over these linked sites, all of which have separate privacy policy and data collection practices, independent of Brainmeasures. Brainmeasures has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the contents of such linked websites. These linked sites are only for your convenience and therefore you should access them at your own risk. Links do not imply that Brainmeasures sponsors, endorses or is affiliated with or associated with or has been legally authorized to use any trademarks, trade name, service marks, design, logo, symbol or other copyrighted materials displayed or accessible through such external links .

g) USE OF SUBMITTED MATERIAL
The personal information i.e. e-mail id, name, address, contact number etc. collected by us at the time you register at Brainmeasures are never used for any commercial profits ( which means we do not sell or share your personal information with any third party ). We only use and share your personal information to the point required to complete your orders or to inform you about our new products and services. We uphold high standards when it comes to handling your personal information, we shall never sell your names, contact numbers, address, e-mail id or any other personal information to any individual or company. However in case of any legal or governmental inquiry we may as per law disclose your information to the legal or governmental authority concerned.

h) SECURITY OF DATA
When it comes to secrecy and security of your data we use the best software available for security of data concerned and have in place a well planned and organized security system. Our staff members who have access to the data are highly professional and are under stringent confidentiality requirements .Further, you are also advised to be very careful when you access our site by using your login id and password, you should always logout and should never leave your account open and should always close the browser window . When you are buying services over the internet you need to be assured that your details will be safe from prying eyes and misuse. Brainmeasures is well aware of these issues and it is important that you are confident that every effort has been made to protect you. Any information being passed over the internet whether credit card details, names, addresses, phone numbers or other sensitive information is encrypted to the highest industry standards so that no one can read or obtain your details by fraudulent means. All information is held by pay pal who will be responsible for debiting the correct amount from your card. But as you know that no information transferred through internet is 100% safe, therefore we cannot warrant 100% security.

i) TECHNICAL INFORMATION
We collect the following technical information i.e. IP address, domain source, browser type etc. All this information is collected to serve you better.

j) WHO CAN USE BRAINMEASURES SITE
User should be truthful in  submitting information on this site and user should pay for what he or she is buying from Brainmeasures. User agrees not to copy materials from this site, not to reverse, engineer and not to use the website materials, products and services for illegal purposes.

k) SECURITY BREACH
User of Brainmeasures site as per instructions should not disclose his passwords and other login details to other people .It is your individual duty to maintain secrecy of your account and any changes made in your account will be thought to be done by you. Thereforeif there is any breach of security or unauthorized use of your account, you should immediately inform us. In such a case, Brainmeasures is not responsible for any hoax entity,or a fraud person who provides us any wrong information related to you. Any such act will be considered as security breach and if any unwanted situation arises from such an act Brainmeasures will not be responsible for it.

l) TYPOGRAPHICAL AND OTHER ERRORS
The content provided on this site has been revised and checked for any errors by our panel of experts, but Brainmeasures should not be held responsible for any typographical, technical errors, misquotes, misrepresentation or any other factual anomalies. We shall not be liable for any incidental, special or consequential damages that may arise from your use, inappropriate use or misuse of the information or products and services provided by Brainmeasures.

m) PASSWORD, USERNAME AND PIN SECURITY
When you register on our site you will be asked to select a user name and password, using which you will get access to your account. Only you have the right to access and change them, so you are responsible for safety and confidentiality of your password and login id and thus responsible for all the activity going on in your account.

n) NON–COMMERCIAL USE LIMITATION
You are subject to any and all expressly stated restrictions or limitations relating to electronically copying, downloading and printing hard copy portions of the material from   different areas of the website solely for your own non-commercial use. Any other use of materials of this site including but not limited to modification, reproduction, distribution, display and transmission of the contents of this site without prior written consent of Brainmeasures is strictly prohibited. This limitation also includes the services which are offered as free products or derivate works for employee testing, pre-employment testing, imparting training, business operations, licensing, copying, reproducing, leasing, distributing or selling purposes.

o) BRAINMEASURES EXCLUSIVE SELLING RIGHTS
Brainmeasures holds exclusive rights of its products and it is its sole discretion to allow usage or to sell or not to sell any of our products and services to any individual, corporate group or an organization . We also reserve the rights to make different agreements with different clients.

p) AVAILIBILITY OF SERVICES
Brainmeasures provides its services as mentioned in our site but in certain conditions its products and services can be unavailable either temporarily or permanently. In such a case Brainmeasures should not be held responsible for any damages which arise due to such conditions or circumstances.

q) ANALYSIS REPORT AND RESULTS
Brainmeasures has complete authority over its results and assessment tools, analysis report. Scores of each test are compiled by our panel of experts who master their individual subjects. Brainmeasures does not, or will not entertain any challenge to its results, assessments and analysis report.

r) INSTRUCTION FOR INTERNATIONAL USERS
Since Brainmeasures site is available worldwide any one who has access to an internet can access Brainmeasures but while doing so you should comply with local rules regarding online conduct and acceptable content. While using this site you also agree to comply to all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

s) DISPATCH OF CERTIFICATES
After you score minimum percentile required for passing the test, and you have paid appropriate fee mentioned along the test name, or you have paid for hard copy certificate after taking the free test,your Brainmeasures hardcopy certificate will be mailed to you which will reach you within four weeks of successful completion of the test. The certificates will be sent to the address provided by you at the time of registration for the test but Brainmeasures should not be held responsible for any postal delays and non delivery or non receipt of the certificates due to reasons beyond the  control of Brainmeasures.

t) VARIOUS PAYMENT MODES, REFUNDS AND COMPENSATION
Brainmeasures accepts payments for its products and services through pay pal, credit cards, international debit cards and any other methods included in our list, as  notified on our site. We do not store any information related to your credit or debit card on file. Any refund case will be under sole authority of Brainmeasures and will be entertained only if we are at fault. We always answer all queries regarding Brainmeasures and its services. Please contact our customer care section if you have any question regarding Brainmeasures or its products and services. In case we are liable to pay any compensation with regard to any infringement of terms and conditions, contract or warranty, the compensation paid will not exceed an amount which is overdue.

u) WITHDRAWL FROM ASSOCIATION
In case Brainmeasures and its associates want to withdraw from the association. Both parties shall pay the overdue and fulfill other pending commitments (if any)

v) LAWS AND JURISDICTION
Your use of this site shall be governed in all respects by the laws of Mohali, Punjab (India) without regard to choice of law provisions. You agree that the jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in Mohali Punjab, India Any cause of action or claim you may have with this site must  commence within six months, after which no claim will be entertained. Your browsing this site and purchase of its products and services, implies that you have read and understood  all the terms and conditions,and agree to abide them.Any legal action or proceeding arising of Brainmeasures' terms and conditions will be brought in courts and, tribunals of Mohali, Punjab (India) . Thus you irrevocably submit yourself to jurisdiction of above mentioned courts.

w) DISCLAIMER: LIMITATION OF LIABILITIES
Brainmeasures makes no warranties or representations about the accuracy or completeness of this site or the contents of any linked site. This site and the materials, information, services and products in this site including, without limitation, text, graphics and links, are provided “as is“ and without warranties of any kind whether express or implied, to the fullest extent permissible, pursuant to applicable law . Brainmeasures disclaims warranties of merchantability and fitness for a particular purpose, during the ,from course of dealing or course of performance. Brainmeasures does not represent or warrants that the functions contained in the site will be uninterrupted or error free.Brainmeasures also makes sure that the defects will be corrected or that the site or the server which makes the site available are free of viruses or other harmful components. Brainmeasures does not make any warranties or representations regarding the use of the materials in this site, in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise . The above limitation may not apply to you. In no event shall Brainmeasures be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damage whatsoever, even If Brainmeasures has been previously advised of the possibility of such damage, whether in action under contract, negligence or any other theory arising out of or in connection with the use or misuse of its products and services. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy because some jurisdictions do not allow limitations on how long the implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages.

x) INDEMNIFICATION
you agree to indemnify, defend and hold  Brainmeasures, its directors and,employees,harmless from all losses, expenses, damages and costs resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct)carried out by you or other person accessing the site using your Brainmeasures account.

NOTE: FOR ANY INQUIRIES RELATED TO BRAINMEASURES ITS PRODUCTS AND SERVICES PLEASE CONTACT OUR CUSTOMER CARE SECTION. WE WILL ALSO LIKE TO INFORM YOU THAT OUR SITE IS AVAILABLE ON WORLD WIDE WEB ALL ROUND THE YEAR, BUT IN CASE OF ANY TECHNICAL SNAG AND ITS MAINTAINENCE IT CAN BE INACCESSIBLE, BUT ANY SUCH MAINTENANCE INTERLUDES WILL BE NOTIFIED TO OUR USERS WELL IN ADVANCE.

Although Brainmeasures' general terms of service are applicable to both corporate users and Brainmeasures affiliate merchants,there is an -extra set of terms and conditions which clearly defines the methods according to which we serve our corporate client and our affilate merchants in addition to above mentioned terms and conditions.

2) TERMS AND CONDITIONS FOR CORPORATE USERS :
Brainmeasures helps its corporate clients in hiring and keeping right kind of employees and also helps them to screen out unproductive workforce. All this is possible through our well formatted tests which are prepared by experts from various fields and professors of well known institutes, We have mentioned few additional terms and conditions for our corporate clients, below.  Please go through them carefully before availing our services :

- Brainmeasures dedicatedly serves corporate clients who agree to accept all the terms and conditions mentioned herein.

- The personal information collected by Brainmeasures i.e. your name, e-mail ID, address, contact number, etc. are never misused by us, we do not sell any information of our clients to any third party (whether an individual or a company) . All your information collected in the registration form is only used to fulfill your orders or to inform you about any new Brainmeasures products or services or to answer your queries. However, in case of any governmental or legal enquiry we may as per law disclose your information to the government or legal authority.

- Brainmeasures holds the right to a limited royalty free, non-exclusive and worldwide license to use corporate client’s trademarks. This use will be limited to advertisement and promotion of Brainmeasures and its products and services.

- All Brainmeasures products and services such as e-notes, tests, certifications, practice tests or any other product and service mentioned in our site should be according to the mentioned usage in our site and terms and conditions and any violation will be termed as breach of conduct.

- Price of each and every Brainmeasures product and service has been clearly stated in our site along with the product name and if any special discounts are provided to our corporate clients they will be clearly stated in the agreement made between the client and Brainmeasures. Customer has to pay the fee of our products and services through US Dollars via paypal . If the customer fails to fulfill his agreement and does not pay for his purchased products and services, or fails to make the payments within the predefined time limit, then the overdue amount shall be paid with 1% interest per month or the maximum amount as permitted by law, whichever is less. If the client fails to fulfill his obligations we will, with immediate effect stop our services to him but this action does not means that he will be relieved of his obligations to pay the overdue amount. - All the taxes corresponding to the Customer’s purchasing Brainmeasures products/services shall be paid by him/her as per the laws prevalent in his/her country.

- Gaining an unauthorized access to Brainmeasures website or any of its services will be considered as breach of conduct and action would be taken on the client for doing the same.

- The entire content of this site including but not limited to text, design, graphics, interfaces or code and selection and arrangements thereof is copyrighted .All trademarks, service marks or registered trademarks are propriety to Brainmeasures or other respective owners who have granted Brainmeasures, the right, and license to use such marks. Therefore copying, reversing, modifying, transmitting, displaying, reproducing, transferring and/or, misusing the content of our site without prior written permission of Brainmeasures is a punishable offence.

- Every Customer is provided a personal User ID and password. It’s the duty of the Customers to maintain confidentiality and security of their respective accounts. Whatever happens under a Customer’s account shall be construed to be done by him/her. Therefore, a Customer shall inform us immediately in the case of any breach of security or unauthorized use of the account.

- All the confidential information submitted by clients for registration on Brainmeasures is never shared or sold to third party and the same kind of conduct is expected from its customers. Any lapse regarding safety of confidential information will be considered as breach of conduct.

- Any maintenance interludes of our site will be informed well in advance to our customers otherwise Brainmeasures website will be available on worldwide web all year round 24x7. Brainmeasures shall not be liable for any failure of performance or delays in the services due to the reasons beyond our control viz. natural calamity, acts of God, technical snags, internet, or telecommunication failures, labor disputes, riots, revolts, court rulings, government policies, etc.

- The Terms and Conditions mentioned herein constitute the entire agreement between the parties. Besides, it supersedes all the previous agreements, proposals, negotiations, communications, representations, and writings between the parties. - These Terms and Conditions shall be binding upon the parties involved currently, as well as their respective successors, heirs, and assigns.

- Under no circumstances shall a Customer sublicense, resell, assign, delegate, or transfer its rights or obligations under the Brainmeasures Terms and Conditions without our written permission.

- Brainmeasures as well as its Customers are independent entities. Neither of the two shall represent itself as a partner, agent, employee, or representative of the other.

- Brainmeasures or any of its subsidiaries, partners, affiliates, owners, employees, shareholders, employees, agents, customers, etc., whether known or unknown, disclosed or undisclosed shall not be held accountable for its Customer’s conduct. Nor shall any of these be liable to pay any fee, penalties, costs, taxes, etc., claimed by any other party affected intentionally or unintentionally, directly or indirectly by a Customer’s dealings and conduct.

- In case Brainmeasures or the other party becomes liable to pay any compensation with regard to any infringement of the terms and conditions, contract, warranty, etc., the compensation shall not exceed an amount equal to half of the price of the product(s)/service(s) the Customer purchased from Brainmeasures.

- We presume that the information that the Customer is providing to us is true and correct. In case  we detect any discrepancies in the information provided to us, we shall immediately terminate the Customer’s subscription to our services.

- If either party wants to terminate its association with the other one, both the parties shall pay the overdue payments (if any) and fulfill other pending commitments (if any).

- Brainmeasures makes no warranties or representations about the accuracy or completeness of this site or content of any linked site .This site and the materials, information services and products of this site including, without limitation, text, graphics and links, are provided "As Is" And “As Available”, without any Guarantees or Warranties, either express or implied. We do not make any warranty that the program as well as the products/services we offer will be accurate, reliable, viable, suitable, continuous, frequent, repetitive, timely, secure, or definite. We do not compel, excite, or request you to use our products/services. We leave all the decisions regarding using or not using our services to your discretion. We shall not be liable for any minoror major, direct or indirect, incidental, special, or consequential damages that may arise from your use, inappropriate use, or misuse of the information or products/services we offer.

- Brainmeasures reserves the right to change or modify the terms, conditions or notices under which it offers its services. You are responsible for regularly reviewing these terms and conditions .Since  you can access to our site and useall our  products and services,it will be considered that you have read and completely understood the terms and conditions, and have accepted them. However, if the change in terms and conditions leads to the Customer’s terminating his/her  association with Brainmeasures, the Coustomer shall pay the overdue (if any) and fulfill other pending commitments (if any).

- Your use of this site shall be governed in all respects by the laws of Mohali, Punjab (India) without regard to choice of law provisions. You agree that the jurisdiction over and the venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be Mohali, Punjab (India)This website is controlled by the Company from its offices in India. All the matters, issues, or conflicts relating to the use of this website shall be governed by, and construed, in accordance with the laws of Mohali, Punjab, India. Your browsing the website or/and purchasing/using the products/services provided, implies that you have read, understood, and agree that any legal action or proceedings arising out of the brain measures Terms and Conditions shall be brought in the courts, tribunals, or forums in Mohali (Punjab), India. Therefore, you irrevocably submit yourself to the jurisdiction of such courts, tribunals, and forums.

- For any information regarding Brainmeasures or its terms and conditions please contact our customer care.

3) TERMS AND CONDITIONS FOR BRAINMEASURES AFFILIATE MERCHANTS

Brainmeasures one of the leading online certification company offers a top line affiliate program which allows individuals, companies, and corporate users to place links (in the form of text ads and banner ads) on their website. These links shall directly point to the Brainmeasures website. Below have been mentioned the specific terms and conditions for our affiliate merchants, who will have to conduct themselves according to below mentioned terms of service in addition to Brainmeasures general terms of service .

- The personal information i.e. name, e-mail ID, address, contact number, etc. collected by Brainmeasures are never used for any commercial profits which means we do not sell or share your personal information with any third party (whether an individual or company). We use your personal information only for service related issues or to inform you about Brainmeasures' new products or services. = We uphold high standards when it comes to handling your personal information,and we shall never sell your name, contact number, address, e-mail id or any other personal information to any individual or company. However, in case of any governmental or legal enquiry we may, as per law, disclose your personal information to the governmental or legal authority concerned.

- Acceptance of Terms and Conditions by an affilate merchant implies that the affiliate warrants, that his/her website does not and will not include, demonstrate, advertise, or promote obscene, pornographic, offensive, violent, prejudiced, unlawful, devious, dangerous, or illegal content, images, or other characters.

- We presume that the information that the affiliate is providing us, is true and correct. In case we detect any discrepancies in the information provided to us, we shall immediately terminate the Affiliate’s subscription to our Affiliate Program.

- Affiliates should be solely responsible for the content/information on their website, and the products/services they offer.

- Brainmeasures has fixed certain policies for use of Brainmeasures links or other promotional material, so their use by the affiliate merchant should be according to pre agreed terms.

- An Affiliate merchant shall not alter the links or promotional material, or their positioning on the website, without our prior, written permission.

- Affiliate merchant shall not use the word “Brainmeasures“, in its domain name or for any of its products/services.

- Brainmeasures provides a non-exclusive and non-transferable license to its Affiliates. This is to enable the Affiliate merchant to link to Brainmeasures or display other promotional material for Brainmeasures, as per the Terms and Conditions.

- Affiliate merchant shall not copy or use Brainmeasures Trademarks, Logos, Service Marks, Trade Names, Product Names, Service Names, Content, or any other Characters (viz. Graphics, Images, Animations, Logos, Icons, and Links) without our prior written permission.

- Gaining an unauthorized access to any or whole of Brainmeasures products, services or servers will be considered as breach of conduct and if found to be so Brainmeasures will terminate its association with such an Affiliate merchant.

- Brainmeasures site is available to its users all through the year and any maintenance interlude will be notified to its users well in advance.

- Brainmeasures makes the payments to its Affiliate merchants once every month or as per the payment schedule communicated to them. The payments are sent to the PayPal account of the Affiliate merchant. In case there is any breach of conduct or violation of the Terms and Conditions by the Affiliate merchant, their accrued payments shall not be made. We have the right to terminate an Affiliate’s participation in the Brainmeasures Affiliate Program without assigning any reason whatsoever, if and when, we find that the Affiliate is not adhering to the Terms and Conditions as laid down by Brainmeasures, or if we deem that the Affiliate Program has failed to deliver the expected results, or if we find that all or a part of the content, information, products, services, or links displayed on or linked to by the Affiliate’s website is obscene, pornographic, offensive, violent, prejudiced, unlawful, devious, dangerous, or illegal. Brainmeasures may or may not give any notice before terminating an Affiliate merchant from its program. Furthermore, the Termination will come into effect immediately, which means that all the rights granted to the Affiliate while allowing it to join the Brainmeasures Affiliate Program shall cease to exist. An Affiliate once terminated from the Program shall not be allowed to become Brainmeasures affiliate merchant again.

- Every Affiliate merchant is provided a personal User ID and password. It’s the duty of the Affiliates to maintain the confidentiality and security of their respective accounts. Whatever happens under an Affiliate’s account shall be construed to be done by him/her. Therefore, an Affiliate shall inform us immediately in the case of any breach of security or unauthorized use of the account.

- Brainmeasures or any of its subsidiaries, partners, affiliates, owners, employees, shareholders, employees, agents, etc., whether known or unknown, disclosed or undisclosed, shall not be held accountable for its Affiliate’s conduct. Nor shall any of these be liable to pay any fees, penalties, costs, taxes, etc. claimed by any other party affected intentionally or unintentionally, directly or indirectly, by an Affiliate’s dealings and conduct.

- Brainmeasures will never reveal or share any personal information of its affiliate merchant and similar conduct is expected from Brainmeasures affiliate merchants.Any breach of this term of service can lead to termination of contract between Brainmeasures and its affiliate merchant.

- The Affiliates participating in the Brainmeasures Affiliate Program shall be solely responsible for all the tax obligations (with regard to their participation in the Program) as per the laws prevalent in their respective countries.

- Under no circumstances shall an Affiliate sublicense, resell, assign, delegate, or transfer its rights or obligations under the Brainmeasures Affiliate Program Terms and Conditions without our written permission.

- Brainmeasures shall not be liable for any failure of performance or delays in the services due to the reasons beyond our control viz. natural calamity, acts of God, technical snags, internet or telecommunication failures, labor disputes, riots, revolts, court rulings, and government policies.

- The Terms and Conditions mentioned herein constitute the entire agreement between the parties. Besides, it supersedes all the previous agreements, proposals, negotiations, communications, representations, and writings between the parties. These Terms and Conditions shall be binding upon the parties involved currently as well as their respective successors, heirs, and assigns.

- Brainmeasures can be contacted via email for any communication or notices regarding its Terms and Conditions. Brainmeasures can be contacted at the following email IDs:

(a) To contact Brainmeasures, write to alliance@brainmeasures.com

(b) To contact an Affiliate, write to the mailing address as specified while registering for the Affiliate Program. You may also write to the email address that the Affiliate manager might have communicated to you.

- We keep close tabs on the use or misuse of our products/services. If and when, we detect any anomaly or discrepancy with regard to the use or misuse of our products/services, we take quick punitive actions, which include disabling, denying, or terminating the access to any or all of our products/services that we have found to be misused. Brainmeasures responds to all the communication and notifications of claimed infringement of intellectual property rights in accordance with the applicable laws. Notices of claimed infringement should be sent to: alliance@brainmeasures.com

- In case we get any notification with regard to claimed infringement by an Affiliate, the Affiliate irrevocably agrees to help us resolve the issue. Besides, the Affiliate agrees to own responsibility for compliance of the Affiliate and Affiliate’s web-site(s), with all applicable intellectual property laws as well as other laws.

- We pay to our Affiliates in accordance with the prevailing Brainmeasures Commission Schedule. The payments are made for every purchase (of any of our products/services like Courses, Tests, and e-notes) generated by the link(s) displayed on the Affiliates’ web site(s). Such commissions shall be payable in US dollars via PayPal. However, Brainmeasures may change the mode of payment in future.

- In case Brainmeasures terminates an Affiliate’s participation in its Affiliate Program or an Affiliate withdraws from the Affiliate Program, both the parties shall pay the overdue payments (if any) and fulfill other pending commitments (if any).

- An Affiliate’s joining the Brainmeasures Affiliate Program shall construe that the Affiliate has fully understood and accepted all the Terms and Conditions.

- In case Brainmeasures or the other party becomes liable to pay any compensation with regard to any infringement of the terms and conditions, contract, warranty, etc., the compensation shall not exceed an amount that is overdue.

- The program and the products/services provided as per the program are provided "as is" and “as available,” without any guarantees or warranties, either express or implied. We do not make any warranty that the program as well as the products/services we offer will be accurate, reliable, viable, suitable, continuous, frequent, repetitive, timely, secure, or definite. We do not compel, excite, or request you to use our program or products/services. We leave all the decisions regarding joining or not joining our program, using or not using our services to your discretion. We shall not be liable for any minor or major, direct or indirect, incidental, special or consequential damages that may arise from your use, inappropriate use, or misuse of the program, information or products/services we offer. Besides, Brainmeasures shall not be liable for minor or major, direct or indirect, incidental, special, or consequential damages that may arise from terminating the participation of an affiliate from the program.

- Brainmeasures reserves the right to change or modify the terms and conditions and notices under which it offers its services, the affiliate merchant is responsible for reviewing these terms and conditions. The changes made shall come into effect immediately. The link to the revised terms and conditions will be clearly notified on the Home Page of the website, the affiliates merchants usage of this site or/and other products/services shall imply that they have read, understood, and accepted the terms and conditions. If the Affiliates have any queries, doubts, or confusions with regard to the revised terms and conditions, they may contact our customer care section. However, if the change in terms and conditions leads to an Affiliate’s withdrawal from the Program, the Affiliate shall pay the overdue (if any) and fulfill other pending commitments (if any).

- This website is controlled by the Company from its offices in India. All the matters, issues, or conflicts relating to the use of this website shall be governed by and construed in accordance with the laws of Mohali Punjab, India. Your browsing the website or/and purchasing/using the products/services it provides implies that you have read, understood, and agreed that any legal action or proceedings arising out of the Brainmeasures Terms and Conditions shall be brought in the courts, tribunals, or forums in Mohali Punjab, India. Therefore, you irrevocably submit yourself to the jurisdiction of such courts, tribunals, and forums.
 
 






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