Posted as of __ June 2021

Last updated as of___ June 2021

This Platform is created and operated by M/s The Brain Factory Australia Pty Ltd,

(hereinafter referred to as “We”,“Our”, and “Us”) a company incorporated and registered

in Australia bearing Company ABN No. 76 646 997 435, ACN No. 646997435 and operating

under the brand name “Braintegration" (“Brand name”). We intend to ensure your steady

commitment to the usage of this Platform and the services provided by us through our

Application “Braintegration" (hereinafter referred to as “Platform”)

For the purpose of these Terms of use (“Terms of use”), wherever the context so requires,

“We”,“Our”, and “Us” shall mean and refer to the Application owned and operated by us.

“You”,“Your”,“Yourself”, “User” shall mean and refer to natural and legal individuals

who shall be users of the Platform and the services provided by us and who are competent to

enter into binding contracts, as per the eligibility criteria specified under this Terms of use.

“Third Parties” refer to any platform or individual apart from the users and the creator of

this Platform.

GENERAL TERMS

i. The headings of each section in these Terms of use are only for the purpose of organ-

izing the various provisions under these Terms of use in an orderly manner and shall

be used by you to interpret the provisions contained herein in a manner as may apply

to you. Further, it is specifically agreed by you that the headings shall have legal or

contractual value on your usage of the Platform.

ii. The use of this Platform is solely governed by these Terms of use, Privacy Policy that

may be uploaded on the Platform and any modifications or amendments made thereto

by us from time to time, at our sole discretion. If you as a user continue to access and

use this Platform, you are agreeing to comply with and be bound by the following

iii. You expressly agree and acknowledge that these Terms of use and Privacy Policy are

co-terminus in nature and that expiry/termination of either one will lead to the termina-

tion of the other.

iv. You unequivocally agree that these Terms of use and the Privacy Policy constitute a

legally binding agreement between us, and that you shall be subject to the rules,

guidelines, policies, terms, and conditions applicable to your use of the Platform, and

that the same shall be deemed to be incorporated into these Terms of use and shall be

treated as part and parcel of the same. You acknowledge and agree that no signature or

express act is required to make these Terms of use and the Privacy Policy binding on

you and that your act of visiting any part of the Platform constitutes your full and final

acceptance of these Terms of use and the Privacy Policy.

v. We reserve the sole and exclusive right to amend or modify these Terms of use

without any prior permission or intimation to you, and you expressly agree that any

such amendments or modifications shall come into effect immediately. If you do not

adhere to the changes, you must stop using the Platform at once. Your continued use

of the Platform will signify your acceptance of the changed terms.

REGISTRATION

The usage of the Platform and the services require no registration, and we will undertake to

provide you with the Services and features by merely downloading the application available

on the Playstore and App Store. However, we may undertake to provide you with social

media registrations in the future while the plugins shall be made available on the Platform.

ELIGIBILITY

a) You represent and warrant that you are above the age of 13 years while availing the

features and services of the Platform and further warrant to not hold the Platform

responsible for any acts that may be committed by you by falsely representing your

age.

b) You represent and warrant that you are competent and eligible to enter into legally

binding agreements and that you have the requisite authority to bind themselves to

these Terms of use. All acts of minor shall be deemed to be considered as the acts

undertaken under the supervision of their legal guardian.

c) You further represent that you will comply with these Terms of use and all

applicable local, state, national and international laws, rules and regulations.

d) You shall not use the Platform if you are not competent to contract or are disquali-

fied from doing so by any other applicable law, rule, or regulation currently in force.

PAYMENT GATEWAY

For making all payments for purchases on the Platform, you shall be required to make a pay-

ment for which you will be redirected to a third-party payment gateway that we may have an

agreement with. The payment gateway may additionally seek information from you to pro-

cess the payment for your payment and additionally may charge you the payment gateway

charges that may be applicable. The payment gateway consists of Debit Card/Credit

Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned

payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-

related aspects.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand

names, descriptions, sounds, music, and artwork (collectively, ‘Content’) , i s

generated/provided or based on information provided by the users or third parties and we

have no control and make no guarantees regarding the quality, the accuracy, integrity or

genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by

you (or a third party) without the prior written consent from us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality, and genuineness of the

content provided on the Platform and whilst feedback and comments by you can be made

via the Platform, we bear no liability whatsoever for any feedback or comments made by the

other users or made in respect of any of the content on the Platform. Further, the Platform

reserves its right to suspend the account of any user for an indefinite period to be decided at

the discretion of the Platform or to terminate the account of any user who is found to have

created or shared or submitted any content or part thereof that is found to be

untrue/inaccurate/misleading or offensive/vulgar.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access

the content on the Platform. You shall not copy, adapt, and modify any content without

written permission from us.

INDEMNITY

You agree to indemnify, defend and hold harmless us, and our respective directors, officers,

employees and agents (collectively, "Parties"), from and against any losses, liabilities,

claims, damages, demands, costs and expenses (including legal fees and disbursements in

connection therewith and interest chargeable thereon) asserted against or incurred by us that

arise out of, result from, or maybe payable by, any breach or non-performance of any

representation, warranty, covenant or agreement made or obligation to be performed

according to these Terms of use. Further, you agree to hold us harmless against any claims

made by any third party due to, or arising out of, or in connection with:

a. Your use of the Platform,

b. Your violation of these Terms of use.

c. Your violation of any rights of another.

d. Your alleged improper conduct according to these Terms of use.

e. Your conduct in connection with the Platform.

You agree to fully cooperate in indemnifying us at your expense. You also agree not to settle

with any party without consent from us.

In no event shall we be liable to compensate you or any third party for any special,

incidental, indirect, consequential or punitive damages whatsoever, including those resulting

from loss of use, data or profits, whether or not foreseeable, and whether or not you had

been advised of the possibility of such damages, or based on any theory of liability,

including breach of contract or warranty, negligence or other tortuous action, or any other

claim arising out of or in connection with your use of or access to the Platform and/or the

services or materials contained therein.

LIMITATION OF LIABILITY

a. We are not responsible for any consequences arising out of the following events:

i. If the Platform is inoperative/non-responsive due to any connectivity

errors associated with the internet connection such as but not limited to

slow connectivity, no connectivity, server failure.

ii. If you have fed incorrect information or data or for any deletion of data.

iii. If there is an undue delay or inability to communicate through email.

iv. If there is any deficiency or defect in the services managed by us.

v. If there is a failure in the functioning of any other service provided by us.

b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for

any damage caused to you, your belongings, or any third party, resulting from the use or

misuse of the Platform or any service availed of by us through the Platform. The service

and any Content or material displayed on the service is provided without any

guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or

reliability. We will not be liable to you for the unavailability or failure of the Platform.

c. You are to comply with all laws applicable to you or your activities, and with all

Policies, which are hereby incorporated into this Terms of use by reference.

d. The Platform expressly excludes any liability for any loss or damage that was not

reasonably foreseeable by the Platform, and which is incurred by you in connection with

the Platform, including loss of profits; and any loss or damage incurred by you as a

result of your breach of these Terms of use.

e. To the fullest extent permitted by law, we shall not be liable to you or any other party

for any loss or damage, regardless of the form of action or basis of any claim. You

acknowledge and agree that your sole and exclusive remedy for any dispute with us is to

terminate your use of the Platform.

TERM

a. These Terms of use shall continue to form a valid and binding contract between us

and shall continue to be in full force and effect until you continue to access and use the

Platforms.

b. You may terminate your use of the Platform at any time.

c. We may terminate these Terms of use and close your account at any time without

notice and/or suspend or terminate your access to the Platform at any time and for any

reason, if any discrepancy or legal issue arises.

d. Such suspension or termination shall not limit our right to take any other action

against you that we consider appropriate.

e. It is also hereby declared that we may discontinue the services and Platforms without

any prior notice.

TERMINATION

a. We reserve the right, in its sole discretion, to unilaterally terminate your access to the

Platform, or any portion thereof, at any time, without notice or cause.

b. We also reserve the universal right to deny access to you, to any/all of are on its

Platform without any prior notice/explanation to protect the interests of the Platform

and/or other users to the Platform.

c. We reserve the right to limit, deny or create different access to the Platform and its

features concerning different users, or to change any of the features or introduce new

features without prior notice.

d. You shall continue to be bound by these Terms of use, and it is expressly agreed to by

you that you shall not have the right to terminate these Terms of use till the expiry of

the same.

COMMUNICATION

By using this Platform and providing your identity and contact information to us through the

Platform, you agree and consent to receive calls, e-mails, or SMS from us and/or any of its

representatives at any time.

You can report to “thebrainfact@gmail.com” if you find any discrepancy about Platform or

content-related information and we will take necessary action after an investigation. The

response with resolution (if any issues found) shall be dependent on the time is taken for

investigation.

You expressly agree that notwithstanding anything contained herein above, it may be

contacted by us relating to any services availed by you on the Platform or anything pursuant

thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to

by us that any information shared by us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Platform and you:

a. Agree to provide genuine credentials whenever required on the Platform. You

shall not use a fictitious identity. We are not liable if you have provided incorrect

information.

b. Agree to ensure that any credentials and personally identifiable information

shared/provided by you shall be kept accurate and up to date.

c. Understand and acknowledge that the data submitted is entered into the

database of the Platform. You also acknowledge the fact that data so entered into the

database is for easy and ready reference for you, and to streamline the services through

the Platform.

d. Understand and agree that, to the fullest extent permissible by law, the

Platform or any of their affiliates or their respective officers, directors, employees,

agents, licensors, representatives, operational service providers, advertisers or

suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in

connection with or arising from the use of the Platform or this terms of use, including,

but not limited to, compensatory, consequential, incidental, indirect, special or

punitive damages.

e. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute,

disseminate, post, publish or create derivative works from, transfer, or sell any

information or obtained from the Platform. Any such use/limited use of the Platform

will only be allowed with the prior express written permission.

f.Agree not to access (or attempt to access) the Platform and/or the materials or

services by any means other than through the interface provided by the Platform. The

use of deep-link, robot, spider or other automatic devices, program, algorithm or

methodology, or any similar or equivalent manual process, to access, acquire, copy or

monitor any portion of the Platform or its content, or in any way reproduce or

circumvent the navigational structure or presentation of the Platform, materials or any

content, or to obtain or attempt to obtain any materials, documents or information

through any means not specifically made available through the Platform will lead to

suspension or termination of your access to the Platform. We disclaim any liabilities

arising concerning such offensive content on the Platform.

g. Expressly agree and acknowledge that the Content generated by the users and

displayed on the Platform is not owned by us and that we are in no way responsible for

the content of the same. You may, however, report any offensive or objectionable

content, which we may then remove from the Platform, at our sole discretion.

You further undertake not to:

a. Engage in any activity that interferes with or disrupts access to the Platform

or the services provided therein (or the servers and networks which are connected to

the Platform).

b. Impersonate any person or entity, or falsely state or otherwise misrepresent

his/her affiliation with a person or entity.

c. 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. The user may not reverse look-up, trace or

seek to trace any information relating to any other user of, or visitor to, the Platform,

or any other viewer of the Platform, including any user account maintained on the

Platform not operated/managed by the user, or exploit the Platform or information

made available or offered by or through the Platform, in any manner.

d. Disrupt or interfere with the security of, or otherwise cause harm to, the

Platform, systems resources, accounts, passwords, servers, or networks connected to

or accessible through the Platform or any affiliated or linked Platforms.

e. Use the Platform or any material or content therein for any purpose that is

unlawful or prohibited by these Terms of use, or to solicit the performance of any

illegal activity or other activity which infringes the rights of this Platform or any other

third party (s).

f.Violate any code of conduct or guideline which may apply for or to any particular

service offered on the Platform.

g. Violate any portion of these Terms of use or the Privacy Policy, including but

not limited to any applicable additional terms of the Platform contained herein or

elsewhere, whether made by amendment, modification or otherwise.

h. Commit any act that causes us to lose (in whole or in part) the services of its

Internet Establishment ("ISP") or in any manner disrupts the services of any other

supplier/service provider of the Platform.

i.You hereby expressly authorize us to disclose all information relating to you in our

possession to law enforcement or other government officials, as we may in our sole

discretion, believe necessary or appropriate in connection with the investigation and/or

resolution of possible crimes, especially those involve personal injury and

theft/infringement of intellectual property. You further understand that the Platform

might be directed to disclose any information (including the identity of persons

providing information or materials on the Platform) as necessary to satisfy any judicial

order, law, regulation or valid governmental request.

j.By indicating your acceptance to use any services offered on the Platform, you are

obligated to complete such payment transactions as may be requested by the Platform.

You shall be prohibited from indicating their acceptance to avail services where the

transactions have remained incomplete.

k. You agree to provide authentic and true information whenever requested. We

reserve the right to confirm and validate the information and other details provided by

you at any point in time. If upon confirmation such details are found to be false, not to

be true (wholly or partly), we shall in our sole discretion debar you from using the

Platform without prior intimation whatsoever.

l.You agree not to post any material on the Platform that is defamatory, offensive,

obscene, indecent, abusive, or needlessly distressful or advertising any goods or

services. More specifically, you agree not to host, display, upload, update, publish,

modify, transmit, or in any manner share any information that:

i. belongs to another person and to which you have no right to;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene,

pornographic, pedophilic, 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;

iii. is in any way harmful to minors;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or

communicates any information which is grossly offensive or menacing;

vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or

otherwise violate the legal rights of others;

viii. Impersonate any person or entity, or falsely state or otherwise

misrepresent your affiliation with a person or entity;

ix. Publish, post, disseminate, any grossly harmful information, harassing,

blasphemous, defamatory, obscene, pornographic, pedophilic, 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; or unlawfully

threatening or unlawfully harassing;

x. Threatens the unity, integrity, defence, security or sovereignty, 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.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion,

limit your access and/or activity by immediately removing your access credentials either

temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or

refuse to the usage of the Platform, without being required to provide you with notice or

cause:

a. If you are in breach of any of these Terms of use or the Privacy Policy.

b. If you have provided wrong, inaccurate, incomplete, or incorrect information.

c. If your actions may cause any harm, damage or loss to the other users or us, at

our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use

any of the trade names, trademarks, service marks, logos, domain names, information,

questions, answers, solutions, reports and other distinctive brand features, save according to

the provisions of these Terms of use that shall be available on the Platform. All logos,

trademarks, brand names, service marks, domain names, including material, designs, and

graphics created by and developed by either the Platform or such other third party and other

distinctive brand features of the Platform are the property of the Platform or the respective

exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the intellectual property displayed on the Platform in any manner

that is likely to cause confusion among existing or prospective users of the Platform, or that

in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to

said services resides with the owners, and that at no point does any such intellectual property

stand transferred from the creators.

You are further aware that any reproduction or infringement of the intellectual property of

the owners by you will result in legal action being initiated against you by the respective

owners of the intellectual property so reproduced/infringed upon. It is agreed to by you that

the contents of this section shall survive even after the termination or expiry of these Terms

of use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

a. You further agree and undertake that you are accessing the Platform at your

sole risk and are that you are using the best and prudent judgment before availing of

any features and services on the Platform or accessing/using any information

displayed thereon.

b. You agree that any kind of information, resources, activities,

recommendations obtained/availed from the Platform, written or oral, will not create

any warranty and we disclaim all liabilities resulting from these.

c. We do not guarantee that the features and content contained on the Platform

will be uninterrupted or error-free, or that the Platform or its server will be free of

viruses or other harmful components, and you hereby expressly accept any associated

risks involved with your use of the Platform.

d. It is further agreed to by you that the contents of this section shall survive

even after the termination or expiry of the Terms of use and/or Privacy Policy.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations

hereunder if such delay or failure is due to cause beyond our control or without its fault or

negligence, due to force majeure events including but not limited to acts of war, acts of god,

earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet

interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or

unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of

these Terms of use and any disputes arising therefrom will be resolved through Arbitration.

It is further agreed to by you that the contents of this section shall survive even after the

termination or expiry of the Terms of use and/or Privacy Policy.

The said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and

the award passed by such sole arbitrator will be valid and binding on all parties. All cost of

the Arbitration shall be borne solely in accordance with the Arbitrators award. The

arbitration shall be conducted in English, and the seat of Arbitration shall be in Australia.

You expressly agree that the Terms of use, Privacy Policy and any other agreements entered

between the Parties are governed by the laws, rules, and regulations of Australia.

MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Terms of use, read with the Privacy Policy, Disclaimer

Policy and the Refund and Cancellation Policy, form the complete and final contract

between us with respect to the subject matter hereof and supersedes all other

communications, representations, and agreements (whether oral, written or otherwise)

relating thereto.

b. Waiver: The failure at any time to require performance of any provision of these

No waiver by us of any breach of these Terms of use, whether by conduct or

otherwise, in any one or more instances, shall be deemed to be or construed as a

further or continuing waiver of any such breach, or a waiver of any other breach of

these Terms of use.

c. Severability: If any provision/clause of these Terms of use is held to be invalid,

illegal, or unenforceable by any court or authority of competent jurisdiction, the

validity, legality, and enforceability of the remaining provisions/clauses of these

provision/clause of these Terms of use shall be valid and enforceable to the fullest

extent permitted by law. In such case, these Terms of use shall be reformed to the

minimum extent necessary to correct any invalidity, illegality, or unenforceability,

while preserving to the maximum extent the original rights, intentions and

commercial expectations of the Parties hereto, as expressed herein.

d. Contact us: If you have any questions about these Terms of use, the practices of the

Platform, or your experience, you can contact us by emailing at thebrainfact@gmail.-

com.