Legal Terms of Use, License, and Privacy Policy

(Last updated: June 1, 2019)
NumberNagar® POSH Policy Franchise Terms

This website https://www.numbernagar.com/ (‘Website”) is owned and operated by Brainstars Services Private Limited. The terms 'you' or 'your' used herein refer to you as the user (irrespective of whether you are a franchisee or parent of a student or a visitor to the Website) and the terms ‘we', 'us', ‘the Company', and 'Our' refer to Brainstars Services Private Limited.

Please carefully read these terms of use of the Website. These terms of use, together with the privacy policy available at https://www.numbernagar.com/legal.html and other policies which may be applicable to specific portions of this Website constitute the terms of your access to and use of this Website. By accessing or using this Website, you agree to be bound by these terms of use, the privacy policy and other policies which may be applicable to this Website.

If you do not agree to be bound by these terms of use, the privacy policy and other policies which may be applicable to specific portions of this Website, please do not access or use the Website in any manner.

These terms of use, the privacy policy, together with any other policies which may be applicable to specific portions of this Website and any disclaimers which may be present on the Website are referred to as "Agreement". This Agreement supplements any other agreement you may have entered with us and does not in any manner alter the terms or conditions of any other agreement you may have entered with us.

1. USE OF THE SITE

1.1 You will use the Website and the features provided by the Website in compliance with all applicable laws of India. You will not use this Website or any feature provided by the Website for any purpose not intended under this Agreement.

1.2 You will not use the Website in any manner which is unlawful or is harmful to the Company, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.

1.3 You may receive SMS messages from the Company on your mobile number or emails on your email ID provided by you to the Company. These messages will relate to your transactions that you carry out with the Company or any such information found suitable of your attention by the Company. The Company will send these SMS messages or emails only to the mobile number or email ID provided by you on the Website. Hence, it is your responsibility to ensure that you provide the correct, accurate and complete contact number and email ID to the Company. The Company is not responsible in any manner for any damages or action resulting in incorrect or inaccurate information being provided to the Company.

1.4 By using the Website, you expressly authorize us to contact you via email or phone call or SMS imparting knowledge of the services of the Company, or offer promotional offers of the Company or use the information submitted by you in a manner the Company deems necessary. You authorize us to contact you for the above mentioned purposes, irrespective of your having registered yourself under DND or DNC or NCPR service.

1.5 No agency, partnership, joint venture, or employment is created as a result of this Agreement or your use of any part of the Website. You do not have any authority whatsoever to bind the Company in any respect. Neither the Company nor any Users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

2. ADDITIONAL TERMS GOVERNING TEACHERS

2.1 You agree that your registration as a teacher is subject to verification by us of your identity and credentials and to your continued qualification as such. As part of the registration process and at any time thereafter, You may be required to provide us with various information such as your photo ID, your registration details, if any, your qualifications and other information we may require in order to prove that you are qualified in the field that You claim ("Credentials "). We may verify such Credentials or may ask you for additional information. We may also make enquiries from third parties to verify the authenticity of your Credentials.. You authorize us to make such enquiries from such third parties, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Website at any time if we are unable at any time to determine or verify your Credentials. We reserve to right to carry out re-verification of Credentials as and when required, and the above rights and commitments will extend to re-verification as well.

2.2 You undertake not to carry on or permit any other activity/business in the premises where the franchise business is operated. You undertake to keep such premises clean, well maintained and habitable and accessible at all times.

2.3 All marketing or promotional materials used to promoter the franchise business should be pre-approved by the Company before use.

3. ROLE OF THE COMPANY

3.1 The Company's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder.

3.2 If the Company suspects any illegal, wrongful or fraudulent activity on the Website by any User, the Company reserves the right to inform the relevant government or law enforcement authorities, notwithstanding any other rights the Company may have.

3.3 The Company may, at its sole discretion, modify or alter the Services or Products provided on this Website.

4. LINKS TO THIRD PARTY WEBSITES

4.1 You may be provided with links on the Website that direct you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party websites"). The Company does not endorse any Third Party websites.

4.2 Links to such Third Party websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any Third Party websites via a link available on the Website. Should you decide to click on the links to visit such Third Party website, You do so of your own volition and risk. The Company is not responsible for your use of any Third Party websites and your usage of such Third Party websites and all content available on such Third Party websites is subject to the terms of use of the respective Third Party website.

5. PROPRIETARY RIGHTS

5.1 The Company respects the intellectual property rights of others, and we expect the same from you. The Website, User Content and the Company’s Content are protected by applicable intellectual property laws of India.

5.2 The Company 's Rights to the website and contents of this Website published by the Company (“the Company Content”)

(a) The Company is the sole and exclusive owner of all intellectual property in and to the Website, any software, techniques and processes used in connection with the Website. No rights, impliedly or expressly, are granted by the Company to you in respect of such works through your use of the Website. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on you any license to intellectual property rights, whether by estoppel, implication, or otherwise.

(b) The Company asserts all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the names, "Numbernagar®", Kudums™ and 5C™ are the trademarks and copyrights (or any other intellectual property right) of the Company. Any use of the Company 's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of the Company and will be actionable under the applicable laws.

(c) Except as stated otherwise in this Agreement, all the Company Content (including all intellectual property rights to such content) is owned exclusively by the Company.

(d) When you use the Website in accordance with this Agreement, a limited, revocable, non-exclusive, royalty-free right is granted to you by the Company solely to access information about the Company’s services for personal and non-commercial purposes for the time that you make use of the Website.

(e) Unless expressly authorized by the Company, you agree not to reproduce, modify, sell, copy, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Company Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

5.3 Rights in User Content

(a) You agree that you are the owner of all rights (including all intellectual property rights) in the content/information that you post on the Website, including feedback, if any, or provide to the Company (“User Content”).

(b) You hereby grant the Company a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content and create derivate works of the User Content.

6. PERSONAL INFORMATION

6.1 We may collect various personal information from you when you use the Website and/or the features provided by the Website.

6.2 Our Privacy Policy available at https://www.numbernagar.com/legal.html sets out Our policy with respect to the collection, storage, use, transfer and protection of any such personal information.

6.3 By using or accessing this Website, you expressly consent to our privacy policy.

7. DISCLAIMERS

7.1 We are not responsible for the accuracy or completeness of information available from or through this Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that the Company is not responsible or liable for any claim, loss, or liability arising from the use of the information. You agree to review the definitions, functionality, and limitations of the information on the Website, and to make an independent decision of their suitability for use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the Website.

7.2 THE COMPANY DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (III) ACCESS TO OR ALTERATION OF USER CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

7.3 THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.

7.4 THE COMPANY ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT WHICH MAY BE POSTED ON THE WEBSITE.

7.5 THE SITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THE COMPANY NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER THE COMPANY NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, COMPANY CONTENT OR YOUR PERSONALIZATION SETTINGS.

7.6 THE COMPANY DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE WEBSITE.

7.7 The Company shall not be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of the Company or due to technical reasons or third party actions.

7.8 The Company is not responsible, and shall not be liable for, any damages to, or viruses that may infect the User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website.

8. LIMITATION OF LIABILITY

In no event will the Company, its directors, employees or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not the Company has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, the Company's liability under this Agreement to YOU shall in no event exceed the fee collected from you.

9. REPRESENTATION AND WARRANTIES

By using this Website you represent and warrant that:

9.1 You are eighteen years of age or older and you are competent under law to enter into a legally binding and enforceable contract;

9.2 Your use of the Website does not violate any applicable law or regulation;

9.3 All information you submit is truthful and accurate and that you agree to maintain the accuracy of such information and that you will be solely responsible for any loss, expense, claim or cost incurred in the event any of the information provided by you is incomplete or inaccurate or in the event of misrepresentation by you;

9.4 You will use the Website solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

9.5 The following restrictions will apply for your use of the Website:

(a) You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos;

(b) You will not decompile, reverse engineer, or disassemble the content, or

(c) You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

9.6 You will not use the Website and / or services in any way that is unlawful, or is harmful to the Company or any other person or entity, as determined in the Company's sole discretion.

9.7 You will not engage in any form of antisocial, disruptive, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used.

9.8 You will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User);

9.9 You will not impersonate another person or misrepresent yourself.

9.10 You will not host, display, upload, modify, publish, transmit, update or share any information on the Website that -

(a) belongs to another person and to which you have no right to;

(b) 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;

(c) harms minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;

(e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(g) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

9.11 You agree to be bound by all terms and conditions of this Agreement and any other documents incorporated by reference herein.

10. FEEDBACK/REVIEW

As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving feedback or review. The actions constituting inappropriate use of feedback includes threatening to leave negative feedback for services not included in the fee charged or services/products not agreed to as part of the services/products offered by the Company.

If you violate any of the above-referenced rules in connection with leaving feedback, the Company, in its sole discretion, may take any of the following actions: (i) cancel your feedback or any of your posts; (ii) limit your account privileges; and/or (iii) suspend your account. You may contact the Company regarding any inappropriate use of feedback via-email at info@numbernagar.com In the event of any dispute between users of the Website concerning feedback, the decision of the Company shall be the final. Further, in the event of any dispute between Users of the Website, the Company has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability.

11. INDEMNIFICATION

You hereby indemnify, defend, and hold the Company, the Company's directors, employees, agents, representatives and other authorized users and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities, expenses and costs arising from (i)Your use of the Website or the services offered by it (ii) Your breach of provisions of this Agreement (iii) any negligent or intentional wrongdoing on Your part(iv) any act of omission or commission by another User of this Website.

12. TERMINATION

The Company reserves the right, at its sole discretion, to suspend and / or terminate your user account and/or access to the Website by blocking your IP address or email ID with or without notice to you, in the event you breach this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your user account and/or your access to the Website. Upon suspension or termination, your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.

Upon user account termination or suspension, regardless of the reasons therefore, your right to use the Website, User Content or the Company Content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. The Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by us in connection with such account termination or suspension.

If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

13. GOVERNING LAW AND JURISDICTION

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the Courts in Bengaluru shall have exclusive jurisdiction in respect of any disputes or claims arising from or out of this Agreement.

14. MODIFICATIONS

The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend this Agreement, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time the Company will post the amended Agreement at the domain of https://www.numbernagar.com/legal.html. It is your responsibility to review the Agreement for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Agreement will signify your assent to and acceptance of any revised Agreement. If you do not agree to abide by these or any modifications thereof, please do not use or access the Website.

15. GENERAL PROVISIONS

Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

15.2 Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, mail, courier, or otherwise delivered by hand, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to the Company:

info@numbernagar.com

If to you, at the email address provided by you to us in the enquiry form.

15.3 Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

15.4 Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement. The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you.

15.5 Force Majeure: the Company shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond the Company's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

15.6 Advertisement: the Company shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.

15.7 Assignment: You may not assign or sub-license, without the prior written consent of the Company, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

15.8 Conflict: In the event there is any conflict between the terms set out in these Terms of Use, the Privacy Policy and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms of Use and (iii) any other policies applicable to specific pages of the Website.

15.9 Contact: In case of any queries, you may write to us at: info@numbernagar.com.

MISCELLANEOUS

User Licence

Permission is granted to temporarily download one copy of the materials (information or software) on NumberNagar's web site or app for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on NumberNagar's web site and app;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Brainstars Services Pvt. Ltd. at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Usage of Brand and Logo

The name NumberNagar® and the logo are trademarks owned by Brainstars Services Pvt. Ltd. NumberNagar® logo is sacrosanct, and no modification is permitted by the core team or anyone else. Any modification will be considered infringement of trademark.
Under no circumstances shall the employees, associates, franchises, partners, vendors, or anyone else associated with NumberNagar® or Brainstars, without the express written permission:
- Change the logo including but not limited to add and remove any component, change the aspect ratio, change the color, and use the logo without tagline.
- Publish/print the logo where it is not intended.
- Mix NumberNagar® and/or Brainstars brand with another brand, company, venture or partnership unless it is approved by the core team.
- Use NumberNagar® and/or Brainstars brand to perform marketing for one’s own venture/business/company.

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory.

This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collection information and to improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Minor's Privacy

These Services do not address anyone minor. We do not knowingly collect personally identifiable information from minors. In the case we discover a minor has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.