1. ACCEPTANCE OF TERMS
Brixellent Inc. (hereafter called "Brixellent") provides its service to you through www.qeasily.com (“Website”) and Android Applications (“Android App”), subject to the following Terms of Service ("TOS"), which may be updated by Brixellent from time to time without notice to you. When using particular Brixellent services, you and Brixellent shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
The services of Website and AndroidApp are available only to the registered users ("Users") on a single user basis, for a particular period of time on making the stipulated payment and abiding by the applicable terms and conditions. The said services are personal in nature and cannot be assigned or transferred to or shared with any other person other than the registered users. The services offered by Brixellent Inc. the company that owns and operates the Website, are listed in detail on the Website.
By registering yourself as a user and subscribing to avail the services of this Website, it will be deemed that you have read, understood and agreed to fully abide by all the terms and conditions of the Website as contained herein. Further, by registering on the Website, you agree to:
The right to use the services of the Website is on revocable license / permission basis as per the terms and conditions contained herein. Except the usage of the services during the license period, the registered users shall not have any right or title over the Website or any of its contents.
Brixellent currently provides users with a service to help them learn using Website and AndroidApp, where applicable. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Brixellent properties, shall be subject to the TOS. You understand and agree that the Service is provided "as-is" and that Brixellent assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings or learning history.
In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer, mobile device and modem or other access device.
In addition, you will need to have access to all equipment necessary to make such a connection to the
World Wide Web, including a computer and modem or other access devices.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brixellent has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brixellent has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If you are directly subscribing as a user of this Website, you represent and warrant that you are at least 18 years of age and that you possess the legal right and capacity to use the services of Website in accordance with the stated terms and usage policies. In cases, where a minor below the age of 18 years of age, wants to use this website, such a user shall duly register himself through his parent/ guardian and such a parent/ guardian hereby agrees to accordingly register and supervise usage by, and be responsible for the action of any such minors who use the computer and/or password to access the Website and AndroidApp. The
parent/ guardian shall enter into this agreement on behalf of such minor, and bind himself/herself in accordance with all terms and conditions herein.
Registration Data and certain other information about you is subject to our Privacy Policy.
Make Your Own Decisions:
If you are making important purchasing or planning decisions, whether personal or business decisions, you should look at an actual demonstration model of any product you are considering before making your important purchasing or planning decisions. (Contact a supplier, store, or manufacturer regarding looking at any demonstration units.) All decisions made would be entirely your prerogative and Brixellent does not claim to offer any advice, either legal or financial.
Payment:
All payments have to be made to the account of Brixellent Inc. only under advice to us.
You must not make any payment to any other account under any circumstance.
Brixellent will not be responsible in case you ignore this advice and still make a payment to any unauthorized persons/accounts.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
In some cases, we may decide to collect cash payments to better serve you. A formal receipt will be provided for such transactions.
Pricing
All prices are subject to change without notice. Every effort has been made to ensure accurate pricing of the products featured on our website. In the event a part or accessory is ordered and the listed price has changed, you will be notified prior to our processing your order.
Purchase "as is."
You agree that all products purchased by you through this website are provided under warranties, if any, of the manufacturer only, and not by Brixellent. All products are provided by Brixellent on "as is" basis with no representations or warranties of any kind from Brixellent.
Please note that the password generated by you for accessing the Website should not be shared by you with anyone else at any time. Please also note that especially with regard to the products purchased by you, the same have been licensed to you by Brixlellent for your own use only and you cannot share your password with others or allow others to use the paid courses. This will be a gross violation of the license
terms governing the paid products. You agree to (a) immediately notify Brixellent of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Brixellent cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
You understand that all information including but not limited to data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Brixellent, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Brixellent does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Brixellent be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Prohibited Activities
You represent, warrant, covenant and undertake that you shall 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 do not have any 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. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
You further represent, warrant, covenant and undertake that your use of the Website shall not:
1. violate any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;
2. interfere with or disrupt computer networks connected to the Website;
3. impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
4. forge headers or in any manner manipulate identifiers in order to disguise the origin of any user information;
5. upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses;
6. upload, post, transmit, publish or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
7. interfere with or disrupt the use of the Website by any other user, nor "stalk", threaten, or in any manner harass another user;
8. upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, or that of other computer systems;
9. use the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
10. upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
11. upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable;
12. reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website);
13. use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
14. take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
15. any interpretation of test results or study material other than as a tool of learning and enhancing knowledge; or
16. the tests and exercises are created for you to test your understanding of concepts and are not to be interpreted as a sample question paper for any examinations.
Any content uploaded by you on the Website shall be subject to relevant laws and may be disabled and/or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in noncompliance with the laws and regulations, these terms, or the privacy policy of the Website, Brixellent may terminate your account/block your access to the Website and Brixellent reserve the right to remove
any noncompliant content uploaded by you on the Website.
Brixellent reserves the right to remove any content or links that allegedly infringes any other person's copyright at any point of time Software (if any) that is made available to download from the Website, excluding software that may be made available by end users through a Communication Service, (Software) is the copyrighted work of the software provider. Your use of the Software is governed by the terms of the end user License Agreement unless you first agree to the License Agreement terms.
Brixellent reserves the right, in its sole discretion, to terminate or refuse all or part of its services, for any reason without notice to you.
Ask an Expert Section
Brixellent will attempt to its best to reply to any input submitted through Ask an Expert. However it’s not obligatory on Brixellent to reply to every input request it received through Ask an Expert.
Disclaimer
Brixellent currently provides users with access to a rich collection/compilation of online educational information and related resources etc. As a user of the Website, you understand and agree that all the services provided are on an ASIS
basis and Brixellent assume no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on the Website.The information/material provided on the Website is provided on an "As Is" basis. Brixellent does not warrant the accuracy, completeness, non obsolescence,Non infringement, merchantability or fitness for a particular purpose of the information available through the services on the Website. Brixellent also doesnot guarantee that the services will be error free, or continuously available, or that the service will be free of viruses or other harmful components.
Some contents on the site may belong to third parties. Such contents have been reproduced after taking prior permission from the said party and the copyright of such contents would remain exclusively with the said third party. Brixellent shall not be responsible for any mistakes which might appear in such contents.
Brixellent disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
Limitation of Liability
Under no circumstances shall Brixellent be liable to any User for:
No Liability
It is the endeavour of Brixellent to ensure that the information provided on the Web site is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose, and accepts no responsibility with respect to the information on the Website. Use of this Website, by implication, means that you have gone through and agreed to abide by the Terms and Conditions and the Disclaimers of this Website. Brixellent does not claim that the information downloaded are up to date, correct and error free or that the servers that make Brixellent site available, are free of viruses or harmful components. Any reliance on the service or database available through this service, is at the user's own risk. Though due care has been taken to make the database completely reliable and error free, Brixellent claims exemption from any liability arising out of any such error in the data base.
Indemnification
As a user of this Web site, you agree to protect and fully compensate Brixellent and its domain's associates, such as, service providers and technology partners, from any and all third party claims, liabilities, damages, expenses and costs, including, but not limited to, all legal expenses, arising from your use of services on this domain, your violation of the terms or your infringement by any other use of your account, of any intellectual property or other right of anyone.
Legal Jurisdiction
The laws of the Republic of India shall govern any dispute arising from the use of this Web site and the courts in Nashik, India alone shall have exclusive jurisdiction to deal with all such matters.
General
This Agreement does not in any manner create any relationship whatsoever as between you and the Brixellent, either as a joint venture, partnership, employment, or agency relationship. Performance of this agreement by Brixellent is subject to existing laws and legal process in India, and nothing contained in this agreement is in derogation of the rights of Brixellent to comply with governmental, court and law enforcement requests or requirements relating to your use of Brixellent or information provided to or gathered by Brixellent with respect to such use. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Brixellent with respect to the Brixellent site and it supersedes all prior communications and proposals, whether electronic, oral or written, between the user and Brixellent with respect to the Brixellent site.
Copyright Information
All material available on this website Brixellent.com including but not limited to, its design, text, graphics, screen shots, files and the selection and arrangement thereof is protected by copyright laws. (Depicted as © Brixellent Inc. All rights reserved.)
Access to the Brixellent services and content is subject to these terms and conditions. These Terms and Conditions contain warranty disclaimers guidelines for link to other websites & linking disclaimer and limitation on use.
Brixellent grants user of this website the permission to reproduce copies of the material contained therein strictly for personal information/private use and noncommercial use only.
Rights and Permissions
Excepting for Private use and noncommercial use, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied, or reproduced without prior written consent of Brixellent. Any other use of materials on this website, including any commercial use, reproduction for purposes other than that noted above, modification, distribution, or republication without the prior written consent of Brixellent is strictly prohibited and may violate copyright or trademark laws.
The owners of the intellectual property, copyrights and trademarks are Brixellent, its affiliates or third party licensors. Any modification, copying, reproduction, republishing, uploading, posting, transmitting or distributing any material on this Website including text, graphics, code and/or software is expressly prohibited.
No recourse shall be taken against Brixellent for any alleged or actual infringement or misappropriation of any proprietary rights in your communications to Brixellent. At any stage, it is believed that the contents appearing on this Website constitutes copyright infringement of another person's rights, the user may communicate the same to us.
Notice of Copyright Infringement
We are not liable for any infringement of copyright arising out of materials posted on or transmitted through the Website, or items advertised on the Website, by end users or any other third parties. In the event you have any grievance in relation to any content uploaded on the Website, you may contact our Grievance Officer through “post your feedback” on website.
We request you to please provide the following information in your complaint:
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or email address of the complaining party.
(e) A statement that the complaining party has a goodfaith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed
Mobile Services
1. The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of this service.
2. Decision of Brixellent regarding all transactions under this service shall be final and binding and no correspondence shall be entertained in this regard.
3. Brixellent reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this service or any part thereof including charges, at its sole discretion at anytime as may be required in view of business exigencies and/or regulatory or statutory changes.
4. Your mobile phone number (MSISDN) will be used during the transmission of text messages through the mobile service provider's server for SMS Service or other messaging services such as WhatsApp.
5. The subscriber understands that he/she can avail SMS Services at his/her discretion and the said service shall be availed in such options as are made available by Brixellent from time to time.
6. This service is subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority as applicable from time to time.
7. The SMS or its contents once sent for availing the SMS services shall be treated as final and the same cannot be withdrawn, changed or retrieved subsequently under any circumstances.
8. WAP Services enable you to access our Services and to submit and/or receive Content through your wireless Device. Your access to our WAP Services may be dependent on the wireless Device you use to access the applicable WAP services.
9. Subscription Services provide you with access to certain Content for a selected period of time, which will be as indicated and chosen by you prior to purchase. The frequency with which you will receive the relevant Content will be notified to you at the time you subscribe for the service.
10. You will not post or transmit any content that is abusive, obscene, racial, sexually oriented or against national interest. Brixellent reserves the right to suspend your account if any prohibitive or objectionable content is found and may further initiate appropriate legal proceedings against you.
11. The Service is an additional service offered by Brixellent. The functions of the Service are dependent on the operator owning the network to facilitate this service ("Operator"), for which Brixellent does not undertake any responsibility for failure of this network transmission or failure of message transmission for any reasons whatsoever. From time to time, Brixellent may include additional features and services.
12. Brixellent reserves the right to modify/delete the account contents at its own discretion without prior notice if the contents of profile are deemed unfit for broadcast.
13. The subscriber must maintain such minimum balance in his/her prepaid account as is specified by Brixellent for availing the particular option offered under these services. All incidental costs/taxes/levies, if any, related to the VAS shall be entirely borne by the customer.
14. The users specifically note and agree that the content and service or part thereof may be varied, added, withdrawn, withheld or suspended by Brixellent at its sole discretion without prior notice to the users.
15. Brixellent shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the user using the Service.
16. No reversal of deducted charges shall be allowed under any circumstances.
17. The users shall remain solely responsible for all content, information, data originated from the users and transmitted via the Service (content), and the users shall accordingly indemnify Brixellent
and / or the Operator, against all third party claims relating to the users content or due to the users act, negligence or omission.
18. You are bound by the terms and conditions as mentioned herein and as stated on the Website.
19. Message delivery is conditional to mobile Operator's technical infrastructure and its network uptime.
20. By using various SMS based services from Brixellent, you agree to receive phone calls, messages etc. from Brixellent and/or its associates tailored to provide with better education related opportunities.
21. Subscribing or using various paid/free services of Brixellent on SMS/Voice/WAP either directly or indirectly doesn't in any manner guarantee the user an admissions.
22. Brixellent and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the, Brixellent sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Brixellent and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software,
products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and noninfringement. Brixellent shall not be responsible or liable for any consequential damages arising thereto.
23. By agreeing to register at Brixellent Mobile alerts, a user allows Brixellent to get in touch with him/her from time to time on events or offers regarding careers, admissions, jobs and ancillary services on mobile. This can include exciting offers, information, as well as promotions.
24. The subscriber shall be required to comply with all directions/instructions etc. issued by Brixellent relating to the network, the services and any/all matters connected therewith and provide Brixellent all other and further information and cooperation as Brixellent may require from time to time.
25. This service is live in India only.
Cancellation and Refund Policy
As of now we do not provide any option for cancellation of products and/or services you have purchased or subscribed. Once a product/service has been purchased by you, we cannot provide any refund, either totally or partially. We suggest that first you go through the demos and/or free to use contents/products/services before you subscribe to or purchase from www.qeasily.com
8. INDEMNITY
You agree to indemnify and hold Brixellent, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
Brixellent reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Brixellent shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
TERMINATION
You agree that Brixellent, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Brixellent believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Brixellent may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Brixellent 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 the Service. Further, you agree that Brixellent shall not be liable to you or any third-party for any termination of your access to the Service.
LINKS
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Brixellent has no control over such sites and resources, you acknowledge and agree that Brixellent is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Brixellent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such intellectual property and other laws. You further acknowledge and agree Content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
· a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Brixellent EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
· b. Brixellent MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
· c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
· d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Brixellent OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
