Terms of Service

An Introduction to BIGBRAINS EDUCATORS Terms of Service

Welcome to BIGBRAINS EDUCATORS Here is a quick summary of the highlights of our Terms of Service:

·         Our mission is to organize, conduct and impart training courses and special programs: The BIGBRAINS EDUCATORS platform offers a place to ask questions that specifically relates to training courses and connects with people who contribute unique insights and quality answers. This empowers people to learn from each other.

·         You own the content that you post; you also grant us and other users of the BIGBRAINS EDUCATORS platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.

·         You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.

·         You can repost content from BIGBRAINS EDUCATORS elsewhere, provided that you attribute the content back to the BIGBRAINS EDUCATORS platform and respect the rights of the original poster, including any “not for reproduction” designation, and do not use automated tools.

·         We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the BIGBRAINS EDUCATORS platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.

·         You agree to follow the rules of our platform. When you use the BIGBRAINS EDUCATORS platform, you also agree to our Terms of Service, accept our Privacy Policy, and agree to follow our Acceptable Use Policy, Copyright Policy.

·         We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or BIGBRAINS EDUCATORS's policies, you can initiate a report at the contact us portal or by using our in-product reporting tool.

We are pleased that you want to join the BIGBRAINS EDUCATORS platform and encourage you to read the full Terms of Service.

BIGBRAINS EDUCATORS Terms of Service

Welcome to BIGBRAINS EDUCATORS! BIGBRAINS EDUCATORS is a platform offers a place to ask questions that specifically relates to training courses and connects with people who contribute unique insights and quality answers. This empowers people to learn from each other.

These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and BIGBRAINS EDUCATORS PRIVATE LIMITED. (“BIGBRAINS EDUCATORS” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “BIGBRAINS EDUCATORS Platform”).

Please make sure to read it, because, by using the BIGBRAINS EDUCATORS Platform, you consent to these terms.

1.    The Mission of the BIGBRAINS EDUCATORS Platform

BIGBRAINS EDUCATORS's mission is to organize, conduct and impart training courses and special programs. The BIGBRAINS EDUCATORS Platform offers a place to ask questions that specifically relates to training courses and connects with people who contribute unique insights and quality answers. This empowers people to learn from each other.

2.    Using the BIGBRAINS EDUCATORS Platform

a.    Who Can Use It. Use of the BIGBRAINS EDUCATORS Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.

b.    Registration. When you set up a profile on the www.dcpandey.com Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real name or real name of the entity you represent, when you create your account on the BIGBRAINS EDUCATORS Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.

c.    Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the BIGBRAINS EDUCATORS Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.

d.    Acceptable Use Policy. In your interaction with others on the BIGBRAINS EDUCATORS Platform, you agree to follow the Acceptable Use Policy at all times.

e.    Changes to the BIGBRAINS EDUCATORS Platform. We are always trying to improve your experience on the BIGBRAINS EDUCATORS Platform. We may need to add or change features and may do so without notice to you.

f.     Feedback. We welcome your feedback and suggestions about how to improve the BIGBRAINS EDUCATORS Platform. Feel free to submit feedback at https://dcpandey.com/contact . By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.

3.    Our Content and Materials

a.    Definition of Our Content and Materials. All intellectual property in or related to the www.dcpandey.com  Platform (specifically including, but not limited to our software, the BIGBRAINS EDUCATORS marks, the BIGBRAINS EDUCATORS logo, but excluding Your Content) is the property of BIGBRAINS EDUCATORS PRIVATE LIMITED, or its subsidiaries and affiliates, or content posted by other BIGBRAINS EDUCATORS users licensed to us (collectively “Our Content and Materials”).

b.    Data. All data BIGBRAINS EDUCATORS collects (“Data”) about use of the BIGBRAINS EDUCATORS Platform by you or others is the property of BIGBRAINS EDUCATORS PRIVATE LIMITED, its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.

c.    Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the BIGBRAINS EDUCATORS Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the BIGBRAINS EDUCATORS Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the BIGBRAINS EDUCATORS Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of BIGBRAINS EDUCATORS.

d.    No Endorsement or Verification. Please note that the BIGBRAINS EDUCATORS Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the BIGBRAINS EDUCATORS Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the BIGBRAINS EDUCATORS Platform by anyone.

e.    Ownership. You acknowledge and agree that Our Content and Materials remain the property of BIGBRAINS EDUCATORS users or BIGBRAINS EDUCATORS. The content, information and services made available on the BIGBRAINS EDUCATORS Platform are protected by India and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.

4.    Integrated Service Provider. You may enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into your account on the BIGBRAINS EDUCATORS Platform. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other user data. For more information about BIGBRAINS EDUCATORS’s use, storage, and disclosure of information related to you and your use of integrated services within BIGBRAINS EDUCATORS, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.

5.    More About Certain Offerings on the BIGBRAINS EDUCATORS Platform

a.    Digests. When you sign up for the BIGBRAINS EDUCATORS Platform, the service includes receipt of a digest of questions and answers that may be of interest to you. You can opt out of receipt of the digest, and adjust other communication settings, by going to “Email and Notification” settings in your account profile, as further described in our Privacy Policy.

b.    Advertisements. The BIGBRAINS EDUCATORS Platform may include advertisements, which may be targeted to content or information on the BIGBRAINS EDUCATORS Platform, queries made through the BIGBRAINS EDUCATORS Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by BIGBRAINS EDUCATORS are subject to change. In consideration for BIGBRAINS EDUCATORS granting you access to and use of the BIGBRAINS EDUCATORS Platform, you agree that BIGBRAINS EDUCATORS and its third-party providers and partners may place such advertising on the BIGBRAINS EDUCATORS Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the BIGBRAINS EDUCATORS Platform.

c.    Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. BIGBRAINS EDUCATORS has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.

d.    Buttons, Links and Widgets. You have permission to use BIGBRAINS EDUCATORS's buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the BIGBRAINS EDUCATORS Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that BIGBRAINS EDUCATORS endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate BIGBRAINS EDUCATORS’s Acceptable Use Policy.

e.    Web resources and third-party services. The BIGBRAINS EDUCATORS Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.

f.     Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.

6.    Reporting Violations of Your Intellectual Property Rights, BIGBRAINS EDUCATORS Policies, or Applicable Laws. We have a special process for reporting violations of your intellectual property rights or other violations of BIGBRAINS EDUCATORS policies or applicable laws.

a.    Copyright Policy and Trademark Policy. We have adopted and implemented a Copyright Policy . For more information, including detailed information about how to submit a request for takedown if you believe content on the BIGBRAINS EDUCATORS Platform infringes your intellectual property rights, please read our Copyright Policy . For your convenience, we provide you the following Copyright Infringement Claim Form, which you should use, as applicable, for fastest processing.

b.    Reports of Other Violations. If you believe content on the BIGBRAINS EDUCATORS Platform violates BIGBRAINS EDUCATORS Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations) or other BIGBRAINS EDUCATORS policies, you may submit the following Other Infringement Claim Form

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.

7.    DISCLAIMERS AND LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BIGBRAINS EDUCATORS ENTITIES TO YOU.

“BIGBRAINS EDUCATORS ENTITIES” MEANS BIGBRAINS EDUCATORS PRIVATE LIMITED AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

a.    WE ARE PROVIDING YOU THE BIGBRAINS EDUCATORS PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BIGBRAINS EDUCATORS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

b.    BIGBRAINS EDUCATORS MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE BIGBRAINS EDUCATORS PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE BIGBRAINS EDUCATORS PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. BIGBRAINS EDUCATORS MAKES NO WARRANTY THAT: (a) THE BIGBRAINS EDUCATORS PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE BIGBRAINS EDUCATORS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE BIGBRAINS EDUCATORS PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE BIGBRAINS EDUCATORS PLATFORM WILL BE SATISFACTORY.

c.    YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGBRAINS EDUCATORS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGBRAINS EDUCATORS ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE BIGBRAINS EDUCATORS PLATFORM.

d.    YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BIGBRAINS EDUCATORS PLATFORM IS TO STOP USING THE BIGBRAINS EDUCATORS PLATFORM.

e.    WITHOUT LIMITING THE FOREGOING, BIGBRAINS EDUCATORS’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE BIGBRAINS EDUCATORS PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO BIGBRAINS EDUCATORS IN CONNECTION WITH THE BIGBRAINS EDUCATORS PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

8.    Indemnification

You agree to release, indemnify, and defend BIGBRAINS EDUCATORS Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the BIGBRAINS EDUCATORS Platform, ii) Your Content, iii) your conduct or interactions with other users of the BIGBRAINS EDUCATORS Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

9.    Dispute Resolution

This Agreement and any action arising out of your use of the BIGBRAINS EDUCATORS Platform will be governed by the laws of India without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the BIGBRAINS EDUCATORS Platform will be brought solely in India, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

10. General Terms

a.    Changes to these Terms of Service. We may amend this Agreement (including any policies, such as the Privacy Policy, Acceptable Use Policy, Copyright Policy, that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the BIGBRAINS EDUCATORS Platform, or other manner. You can view the Agreement and our main policies at any time here. Your failure to cancel your account, or cease use of the BIGBRAINS EDUCATORS Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the BIGBRAINS EDUCATORS Platform.

b.    Governing Law and Jurisdiction. You agree that BIGBRAINS EDUCATORS is operated in the India and will be deemed to be solely based in Uttarakhand and a passive service for purposes of jurisdictional analysis.

c.    Use Outside of the India. BIGBRAINS EDUCATORS expressly disclaims any representation or warranty that the BIGBRAINS EDUCATORS Platform complies with all applicable laws and regulations outside of the India. If you use the BIGBRAINS EDUCATORS Platform outside of the India, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the BIGBRAINS EDUCATORS Platform.

d.    Export. The BIGBRAINS EDUCATORS Platform is controlled and operated from our India in Uttarakhand. BIGBRAINS EDUCATORS software is subject to Indian export controls. No software for BIGBRAINS EDUCATORS may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to Indian government embargo, or that has been designated by the Indian government as a “terrorist supporting” country, and (2) listed on any Indian government list of prohibited or restricted parties.

e.    Applications and Mobile Devices. If you access the BIGBRAINS EDUCATORS Platform through a BIGBRAINS EDUCATORS application, you acknowledge that this Agreement is between you and BIGBRAINS EDUCATORS only, and not with another application service provider or application platform provider (such as Apple PRIVATE Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the BIGBRAINS EDUCATORS Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.

f.     Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section 4(a)-(b) and (d)-(f) (Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).

g.    Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

h.    Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

i.      Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the BIGBRAINS EDUCATORS Platform and constitutes the entire agreement between you and us regarding the BIGBRAINS EDUCATORS Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

j.     Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.

k.    Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via contact@bigbrainslearning.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

l.      Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

m.  Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

n.    Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.

o.    Contact. Feel free to contact us through https://dcpandey.com/contact   with any questions about these terms. BIGBRAINS EDUCATORS located at Old ITI, Shreepuram Colony, Tirupati Bhawan, Talli Haldwani, Nainital, Uttarakhand - 263139.