This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.brushyourideas.com (“website”).
By using this Website, you agree and acknowledge that you have read all legal documents carefully and you shall be bound by these Terms and conditions.
References in these Terms to “we” or “us” or “Website” or “company” are references to www.brushyourideas.com and “you” as “subscriber” or “user” “customer” or “visitor” or “client” (including both natural and legal persons) of a website.
Purpose of the Website
This website is made available to you to offer our Web to Print solutions for below listed technologies:
We have specified our detailed list of extensions & themes on website menu. You agree and acknowledge that you have thoroughly gone through our list of services and accordingly selected appropriate services as per your business requirements. You understand that these terms are only generic terms while you access/use our website and accordingly you fully agree and acknowledge to enter into separate detailed software development agreement with us over and above these generic terms of accessing/using our website in case you decide to take any of our listed products & customization services.
We reserve all rights to change this Website and/or alter the terms and conditions of this Agreement at any time and retain all rights to deny access to anyone who the company believes has violated the provisions of this Agreement. You are advised that any amendment to this Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website/ that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the company posts the same on the Website. [In the event, that the Agreement includes a substantial change, the company will provide prior notice of such substantial change by posting the same on the Website and also at the email address provided by you to the Company. For the purposes of this Agreement, ‘substantial change’ means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this Agreement, You also accept and agree to be bound by our Rules and Policies as provided from time to time.
You agree and acknowledge that this Website shall only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Website. A minor shall not access website.
If you represent and are registering as a business entity, by accepting this Agreement you represent that such entity has sufficient authority under applicable law to enter into this Agreement and you are duly authorized by the business entity to accept this Agreement and you have authority to bind that business entity to this Agreement.
Registration on Say Hello/Contact Us page
You agree and acknowledge to provide true, accurate and complete information while registering on get in touch page or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User. If you provide any information that is untrue, inaccurate, not current or incomplete or the company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, the company reserves its right to indefinitely suspend or terminate or block your use or access to the Website any manner whatsoever.
You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
- You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item on our website that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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 harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, cryptolockers, ransom-wares or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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;
- shall not be false, inaccurate or misleading;
- may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part)
- abstract, download, store, reproduce, transmit, display, copy, distribute or use website contents other than as permitted;
- decompile, disassemble or reverse engineer attacks;
- use the website to send any unsolicited promotional or advertising material, or any volume messages
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such a violative information that is displayed or submitted on the Website can be removed immediately and completely.
You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
If you choose to provide feedback regarding our Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You shall hold the Website indemnified and harmless against any claim by third parties that may arise in respect of your aforesaid usage.
Obligations under Indian Cyber Laws
You agree and acknowledge that
- You shall not use this Website for any purpose that is unlawful and illegal.
- You shall not try to penetrate the website and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our website.
- Further, access restrictions/termination of your account on website due to any fault from your side shall not be termed as Denial of service attack on your account.
- You shall not use this website for publishing or promoting or transmitting pornographic data or child pornographic details
- You shall not carry out any web jacking attacks on this website.
- You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, 66B, 66C, 66D, 66E, 66F, 67, 67A, 67B, 84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other identity details.
- You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages for business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data
Information, reports and every other feature may be added to and removed from the Service without notice .The Information, reports and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide technical, legal or other advice with respect to particular circumstances. Every effort is made to keep website contents up to date but users shall obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, third-parties and their respective officers, partners, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
Intellectual Property Rights
All intellectual property rights and other rights in website’s online contents (in both machine readable and printed form) belong to company only. Authorized Users acquire no proprietary interest in the said online contents and except as expressly permitted by these terms and conditions and may not use the contents in any way that infringes the intellectual property rights in them.
Authorized Users shall not obscure or remove any copyright notices that appear on online contents.
The content, organization, graphics, questions, answers, software, design, style, Interface, compilation, digital conversion, flow and every other matters related to the website are protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Brush Your Ideas and other marks are either trademarks or registered trademarks of our private limited company namely Brush Your Ideas IT Consultancy Pvt. Ltd. based in Ahmedabad, State of Gujarat, India.
The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the website about the nature of copyright violation and undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame.
Other products/services, company names, brand names, marks and contents displayed on the website may be the trademarks or copyrights of their respective owners.
Copying, redistribution, use or publication by user of any such matters or any part of the website except as allowed by this agreement shall be strictly prohibited. You agree and acknowledge that you shall not acquire ownership rights to any contents, documents or other materials viewed through the website. The posting of information or materials on the website by us does not constitute a waiver of any rights in such information and materials.
Limited liability clause
You agree and acknowledge that in no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, the Pay Facility, or any other services under this Agreement. Further, The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Pay Facility will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Pay Facility.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the Website, , you shall promptly raise such grievance or complaint with the designated Grievance Officer at email@example.com and provide him with all necessary information and/or documents to enable the Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Indian Information Technology Act, 2000 and the rules made there under.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to firstname.lastname@example.org and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
All remedies of the Company under this Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of the Website or the Pay Facility or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction without any conflict of law.
Further, if investigation proves your involvement in cyber attacks on our website then you agree and acknowledge jurisdiction of adjudicating officer under Indian Information Technology Act, 2000, state of Gujarat, Gandhinagar for compensation of losses due to such cyber attacks.
This Agreement may not be assigned or sublet by the subscriber without the prior written consent of us.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, fire, civil disobedience, strikes, lockouts, technical blackout and industrial disputes.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
- We update and improve our products on a timely basis. We offer free updates for 6 months on all our product with a statement mentioned in every release whichever is eligible for same. Customer can request updates via our support help desk however few risks are associated into installing updates if any sort of customizations are done, those will be explained by our executives post the update request. Also, any new upgrade is available within a period of 3 months from the date purchase by paying the difference amount. Post 3 months, you can reach out to our executives for custom offers for you.
- Brush Your Ideas reserves the right to determine which products will be upgraded and when or to discontinue product upgrades/updates.
E-mail address must be valid and correct because they will be used for communication purposes. It is strongly recommended to use the e-mail address associated with your company. Free emails can be used for registration and checkout process, but orders placed using free email service addresses will be checked more thoroughly and may take longer for activation as a result.
All products are available for download once the payment has been accepted and verified. If you are unable to download a product, please check the status of your payment via your payment processor interface.
If for any reason, you are dissatisfied with your product during the specified money back period for the product purchased from the date of the purchase, you can receive a full refund. To request a refund, please submit a request containing your Transaction ID. Please note that we do not provide refunds on installation & customization services. Kindly refer to our Refund Policy for comprehensive understanding of various use cases of Refunds.
- Brush Your Ideas offers 3 months Free Support, from the purchase date, for every extension legally purchased from Brush Your Ideas. Without any additional charge, our support team will provide all reasonably necessary written consultation requested, in connection with use and operation of an Extension or any problems therewith to the customers, within the above-stated period of time.
- Support team reserves the right to ignore any appeals or requests that do not comply with the present conditions. Kindly refer to our Support Policy for detailed overview.
The above Terms and Conditions go into effect on 22nd December, 2018.