BirdBrain Software Pvt Ltd. BirdBrain Software

Terms of Use

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name https://birdbrainsoftware.in including the related mobile site and mobile application (hereinafter referred to as "Platform").

The Platform is owned by BirdBrain Software Pvt Ltd., a company incorporated under the Companies Act, 2013 with its registered office at 4/507, Sector 4, Vaishali, Ghaziabad, Uttar Pradesh 201019, India (hereinafter referred to as "BirdBrain Software").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with BirdBrain Software and these terms and conditions including the policies constitute your binding obligations with BirdBrain Software.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. BirdBrain Software allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean BirdBrain Software.

User Agreement

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these Terms of Use, you also accept and agree to be bound by BirdBrain Software Policies (including but not limited to Privacy Policy available at Privacy Policy) as amended from time to time.

Membership Eligibility

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents on the Platform. BirdBrain Software reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to BirdBrain Software's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Platform, 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 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 Platform and refuse to provide you with access to the Platform.

Communications

When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on the Platform is free for buyers. BirdBrain Software does not charge any fee for browsing and buying on the Platform. BirdBrain Software reserves the right to change its Fee Policy from time to time. In particular, BirdBrain Software may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event, BirdBrain Software reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to BirdBrain Software.

Use of the Platform

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which you do not have any right to;
  • You shall not transmit any information that 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;
  • You shall not use the Platform for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means;
  • You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform;
  • You shall not use the Platform to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes;
  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

Intellectual Property Rights

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BirdBrain Software or its content suppliers and protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of BirdBrain Software. All software used on this site is the property of BirdBrain Software or its software suppliers and protected by Indian and international copyright laws.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, BirdBrain Software does not warrant that:

  • This Platform will be constantly available, or available at all; or
  • The information on this Platform is complete, true, accurate or non-misleading.

BirdBrain Software will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Platform. BirdBrain Software does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Indemnification

You agree to indemnify, defend and hold harmless BirdBrain Software from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BirdBrain Software that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Governing Law

These Terms of Use and all transactions entered into on or through the Platform and the relationship between you and BirdBrain Software shall be governed in accordance with the laws of India. All disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Ghaziabad, Uttar Pradesh.

Contact Information

If you have any questions about these Terms of Use, please contact us: