ELECTRONIC RECORD & IMPORTANT NOTICE
THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. This electronic record is issued in accordance with the Information Technology Act, 2000 and the rules made thereunder (as applicable), and in compliance with applicable laws including the Consumer Protection (E‑Commerce) Rules, 2020.
Please read these Terms and Conditions (“Terms” or “T&C”) carefully. By accessing or using brainybeans.in (the “Website”) or by purchasing products or using any services offered by BrainyBeans Private Limited (“BrainyBeans”, “we”, “us” or “our”), you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Website or the Services.
1. TERMS OF USE
1.1. This Website is operated by BrainyBeans Private Limited. Access to and use of the Website, and any purchase of products or services through the Website, are offered subject to your acceptance of and compliance with these Terms and all applicable laws.
1.2. These Terms apply to all users of the Website, including, without limitation, browsers, customers, merchants, vendors and contributors of content.
1.3. We may update or modify these Terms from time to time by posting the revised Terms on the Website. Your continued use of the Website following any changes constitutes acceptance of those changes.
2. ELIGIBILITY / ONLINE STORE TERMS
2.1. Only persons capable of entering into binding contracts under the Indian Contract Act, 1872 may use the Website and transact through it. Minors must transact through their legal guardian or parent.
2.2. If you act on behalf of a company, firm or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms.
2.3. You must not use the Website for any illegal purpose or in violation of applicable law (including intellectual property laws) or transmit any malware, viruses or harmful code. Breach of these Terms may result in immediate termination of your access.
3. GENERAL CONDITIONS
3.1. We reserve the right to refuse service to anyone at any time and for any reason.
3.2. Except for payment/credit card information (which is encrypted), information transmitted to and from the Website may be transferred across networks and may be subject to alteration. We cannot guarantee that transmission will be secure in all circumstances.
3.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our prior written permission.
3.4. Permitted personal, non‑commercial use of the Website includes: browsing the Website; purchasing products; reviewing or changing purchases; checking order/delivery information; seeking online support; using links provided on the Website; and other facilities expressly provided on the Website.
3.5. Automated extraction of data from the Website (“screen scraping” or “web scraping”) for commercial use is prohibited unless a separate written license has been granted by BrainyBeans for that purpose.
4. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
4.1. We make reasonable efforts to ensure product descriptions and other content on the Website are accurate. However, to the extent permitted by law, we do not warrant that product descriptions, images, prices, or other content are complete, accurate, current, or error‑free.
4.2. Product images are indicative and may not exactly match the actual product. We reserve the right to correct errors, inaccuracies or omissions and to update information at any time without prior notice.
5. MODIFICATIONS TO SERVICE & PRICES
5.1. Prices and availability of products are subject to change without notice.
5.2. We may modify, suspend or discontinue any portion of the Website or Service at any time without liability.
5.3. Continued use of the Website following any modifications constitutes acceptance of the modified Terms.
6. PRODUCTS & SERVICES
6.1. Certain products or services may be available exclusively online and may have limited quantities. Returns are subject to our Refund & Cancellation Policy, as published on the Website.
6.2. We may limit sales quantities, refuse or cancel orders at our sole discretion. Offers for products are void where prohibited.
7. ACCURACY OF BILLING & ACCOUNT INFORMATION
7.1. You agree to provide current, complete and accurate purchase and account information and to promptly update such information as necessary.
7.2. We may cancel or limit orders that appear to be placed by resellers, dealers or in violation of these Terms.
8. OPTIONAL THIRD‑PARTY TOOLS
8.1. The Website may provide access to third‑party tools and services which are not under our control. These are provided “as is” and “as available” and BrainyBeans makes no representations or warranties regarding such third‑party tools.
8.2. Your use of optional third‑party tools is at your own risk and subject to the third party’s terms.
9. THIRD‑PARTY LINKS
9.1. The Website may contain links to third‑party sites. We do not endorse or assume responsibility for any third‑party content, products or services. Any transaction with a third party is between you and that third party and not BrainyBeans.
10. USER COMMENTS, FEEDBACK & SUBMISSIONS
10.1. By submitting comments, suggestions or other materials to us (including contest entries), you grant BrainyBeans a perpetual, irrevocable, royalty‑free, worldwide license to use, copy, publish, distribute, translate and otherwise exploit such submissions in any medium without obligation to you.
10.2. You agree that your submissions will not violate third‑party rights or contain unlawful, defamatory, obscene, or malicious content. BrainyBeans may, but is not required to, monitor, edit or remove any submissions.
11. PERSONAL INFORMATION & PRIVACY
11.1. Your submission of personal information through the Website is governed by our Privacy Policy. Please review the Privacy Policy for details on how we collect, use and disclose your information.
12. ERRORS, INACCURACIES & OMISSIONS
12.1. From time to time the Website may contain typographical errors, inaccuracies or omissions. We reserve the right to correct such errors, update information and cancel orders if necessary.
13. PROHIBITED USES
13.1. You agree not to use the Website or its contents for any unlawful purpose or to:
• solicit others to perform or participate in unlawful acts;
• infringe intellectual property or other rights;
• upload or transmit viruses or malicious code;
• collect or track personal information of others;
• spam, phish, crawl or scrape the Website;
• harass, defame, discriminate or otherwise cause harm.
13.2. We may terminate access for any prohibited use at our discretion.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
14.1. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, BrainyBeans and its affiliates disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non‑infringement.
14.2. To the fullest extent permitted by law, BrainyBeans shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with your use of the Website.
14.3. Any claim arising out of or related to the use of the Website or these Terms must be brought within one (1) year from the date the cause of action arose, to the fullest extent permitted by law.
15. INTELLECTUAL PROPERTY
15.1. All content on the Website, including text, graphics, logos, images, software and compilation of materials is the property of BrainyBeans or its licensors and is protected by applicable intellectual property laws. No license to use such intellectual property is granted except as expressly provided in these Terms.
16. INDEMNIFICATION
16.1. You agree to indemnify, defend and hold harmless BrainyBeans, its officers, directors, employees, agents, partners and affiliates from any claims, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Website.
17. SEVERABILITY
17.1. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.
18. TERMINATION
18.1. We may terminate or suspend your access to the Website at any time for any reason, including breach of these Terms. Termination will not relieve you of obligations incurred prior to termination.
19. ENTIRE AGREEMENT
19.1. These Terms, together with other policies posted on the Website, constitute the entire agreement between you and BrainyBeans regarding the Website and supersede any prior agreements.
20. DISPUTE RESOLUTION
20.1. Parties shall use good‑faith efforts to resolve disputes amicably. If such efforts fail, the dispute shall be referred to a sole arbitrator in accordance with the Arbitration & Conciliation Act, 1996. The Arbitrator shall be mutually appointed by the parties.
20.2. The place of arbitration shall be Chennai, India, and the arbitration proceedings shall be conducted in English. The award of the arbitrator shall be final and binding.
21. GOVERNING LAW & JURISDICTION
21.1. These Terms shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, the courts at Chennai, Maharashtra shall have exclusive jurisdiction where applicable.
22. MODIFICATIONS TO THESE TERMS
22.1. We reserve the right to change these Terms at any time. The latest version will be available on the Website. It is your responsibility to review the Terms periodically.
23. CUSTOMER SUPPORT
For any questions about these Terms, please contact our Customer Support Team:
BrainyBeans Private Limited
Website: https://brainybeans.in
Email: brainybeansofficial@gmail.com
Phone: +91 79044 72575
Operational days: Monday – Saturday, 10:00 AM – 07:00 PM (IST)