general terms and conditions, law, service

Terms of Service

Effective 14th February 2021

  1. Introduction
    1. MinuteBrain Learning Private Limited is an Indian private limited company, registered under the Companies Act 2013, having its registered office at Plot no 1263/5676, Satya Vihar, Pandra, Rasulgarh, Bhubaneswar – 751010 (hereinafter referred to as “MinuteBrain”, “we”, “us”, or “our”)
    2. We provide online Courses (as defined below) and conduct online classes, live demo sessions, doubt clearing sessions for students seeking to enrol for such Courses (the “Services“), and our Services are accessible at https://MathsGenii.com and https://FosterJEE.comand any other websites through which MinuteBrain makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Applications“).
    3. By accessing or using the Site/Applications/Services (whether as a registered user or not) or by downloading or posting any Content (as defined below) from or on the Site/ Applications/Services, you, the user thereof (“you”, “your” or “user”) is deemed to have read, understood and agreed to be bound by these terms for receiving our Services (these terms are referred to as “Terms of Service” or “Terms”).
    4. If you do not agree to these Terms, then you have no right to access or use the Site/Applications/Services, or Collective Content (as defined below).Therefore, please carefully read these Terms of Service before accessing or using the Site/Applications/Services or downloading or posting any Content from or on the Site/Applications/Services as they contain important information regarding your legal rights, remedies and obligations.
    5. By visiting/accessing this Site/Applications/Services, you indicate that you understand, agree and consent to be bound by the Terms of Service and Privacy Policy (as defined below). If you do not agree with the terms of the Terms of Service and/or Privacy Policy, please do not use/access the Site/Applications/Services.
    6. The Privacy Policy is incorporated in these Terms of Service in its entirety, by reference.
  1. Definition

In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalised terms wherever used in the Terms of Service, shall have the meanings as ascribed hereunder:

    1. Collective Content” means Member Content and MinuteBrain Content.
    2. Content” means text, graphics, images, music, software (excluding the Applications), audio, video, information or other materials.
    3. Courses” means the educational courses listed on the Site and/or Applications.
    4. Course Fees” means the amounts that are due and payable by a Student for enrolling in a Course.
    5. Information” shall have the meaning ascribed to it in the Privacy Policy.
    6. Listing” means Courses that are listed by MinuteBrain as available on the Site/ Applications/Services.
    7. Member” means a person, who completes MinuteBrain’s Account registration process, including but not limited to Teachers and Students, as described under “Account Registration” in Paragraph 5 below.
    8. Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or MinuteBrain Account or MinuteBrain promotional campaign to be made available through the Site/Applications/ Services.
    9. MinuteBrain Content” means all Content that MinuteBrain makes available through the Site/Applications/Services, or its promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Content belonging to Students.
    10. Other Information” shall have the meaning ascribed to it in the Privacy Policy;
    11. Payment Method” means a payment method that you have added to your MinuteBrain Account, such as a credit card, debit card or net banking, etc.
    12. Privacy Policy” shall refer to the privacy policy of MinuteBrain, as updated from time to time.
    13. Student” means a Member who enrols for availing the Courses on the Site/Applications/Services and in case of minor student, it refers to the parent or guardian who enrols their child or ward for the Courses on the Application or on the Site.
    14. Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that MinuteBrain may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national agencies including but not limited to indirect tax, withholding tax, or personal or corporate income taxes.
    15. Teacher” means a Member who has been selected by MinuteBrain in order to provide teaching services, through the Site or Application.
  1. Eligibility
    1. Use of the Site/Applications/Services is available only to persons who can form legally binding contracts under Indian laws. The Site/Applications/Services are intended solely for persons who are above 18 years of age. Any persons who are unable to form legally binding contracts under Indian laws, including but not limited to minors under 18 years of age, are not eligible to use the Site/Applications/Services except with parental consent or consent from a legal guardian. Any minor intending to use the Site/Applications/Services can make such use only after such person’s legal guardian or parents, have consented to these Terms. If a minor accesses the Site/Applications/Services, it is assumed that such minor has obtained the consent of their legal guardian or parents. MinuteBrain reserves its rights to terminate your access to the Site/Applications/Services, if you are a minor and have not obtained the requisite consent from your parent or legal guardian to use the Site/Applications/Services.
    2. The use of the Site/Applications/Services is also not available to persons whose membership has been suspended or terminated by MinuteBrain for any reason whatsoever (in MinuteBrain’s sole discretion).
  1. Terms of Service
    1. MinuteBrain makes available an online platform which provides various online Courses for the Students. Unless explicitly specified otherwise by MinuteBrain, our responsibilities are limited to facilitating the availability of the Courses through the Site/Applications/Services.
    2. By using the Site/Applications/Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Site/Applications/Services. These Terms govern your access to and use of the Site/Applications/Services and the Collective Content, and constitute a binding legal agreement between you and MinuteBrain.
    3. Minors are required to obtain the consent of their parents/legal guardians before providing any data, Information or Other Information about themselves or other family members on the Site/Applications/Services.
    4. You hereby give your consent to MinuteBrain or any person authorised by MinuteBrain, to reach you or in case you are a minor, to reach your parents or legal guardians through call, messaging, email, etc. for providing information about Services and new and upcoming products and services.
    5. Our Site/Applications/Services have different products, features and offerings, so sometimes additional terms or requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
    6. If you do not agree to these Terms or meet the eligibility criteria specified in Paragraph 3 above, you have no right to obtain information from or otherwise continue using the Site/Applications/Services. Failure to use the Site/Applications/Services in accordance with these Terms may subject you to civil and criminal liabilities.
    7. The Site/Applications/Services comprise an online platform which creates Listings for Courses and Students may learn about and enrol in the Courses directly through the Site/Applications/Services. You may view Listings as an unregistered visitor to the Site/Applications/Services; however, if you wish to enrol for the Courses, you must first register to create a MinuteBrain Account.
    8. You acknowledge and agree that, by accessing or using the Site/Applications/Services or by downloading or posting any Content from or on the Site/Applications/Services, you are indicating that you have read, understood and have agreed to be bound by these Terms, whether or not you have registered with the Site/Applications/Services. If you do not agree to these Terms, then you have no right to access or use the Site/Applications/Services or Collective Content.
    9. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
  1. Account Registration and Third-Party Account Information
    1.  In order to access certain features of the Site/Applications/Services or for providing services through the Site/Applications/Services, whether as a Student or as a Teacher, you must register to create an account on MinuteBrain (“MinuteBrain Account”) and become a Member. You may register to join the Services directly via the Site or Application or by logging into your account with certain third-party social networking sites as described in this Paragraph 5.
    2. You may not have more than one active MinuteBrain Account at all times. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MinuteBrain reserves the right to suspend or terminate your MinuteBrain Account and your access to the Site/Applications/Services if you create more than one MinuteBrain Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
    3. You agree that you are solely responsible for preventing unauthorised access to your MinuteBrain Account and for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any acts and activities related to your MinuteBrain Account, whether or not you have authorised such acts or activities. You will immediately notify MinuteBrain of any unauthorised use of your MinuteBrain Account.
    4. When you enrol for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying your phone number. Any Member wishing to enrol for any of the Courses must meet these requirements.
    5. You can also register to join MinuteBrain by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Applications, as described below. As part of the functionality of the Site/Applications/Services, you may link your MinuteBrain Account with Third-Party Accounts, by either:
      1. providing your Third-Party Account login information to MinuteBrain through the Site/Services/Applications; or
      2. allowing MinuteBrain to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of such Third-Party Account.
    6. You represent and warrant that you are entitled to disclose your Third-Party Account login information to MinuteBrain and/or grant MinuteBrain access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MinuteBrain to pay any fees or making MinuteBrain subject to any obligations or usage limitations imposed by such third-party service providers.
    7. By granting MinuteBrain access to any Third-Party Accounts, you understand that MinuteBrain will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”), so that it is available on and through the Site/Applications/Services via your MinuteBrain Account and MinuteBrain Account profile page.
    8. Unless otherwise specified in these Terms, all SNS Content, will be considered to be Member Content for all purposes of these Terms.
    9. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, Information and Other Information that you post to your Third-Party Accounts will be available on and through your MinuteBrain Account on the Site/Applications/Services. Please note that if a Third-Party Account or associated service becomes unavailable or MinuteBrain’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site/Applications/Services.
    10. You have the ability to disable the connection between your MinuteBrain Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Applications.
    11. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. MinuteBrain makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and MinuteBrain is not responsible for any SNS Content.
    12. Your MinuteBrain Account and your MinuteBrain Account profile page will be created for your use of the Site/Applications/Services based upon the Information and Other Information you provide to us or that we obtain via an SNS as described above.
  1. Course Listings
    1. MinuteBrain will create Listings of various Courses and the details about the Course, including but not limited to, the subject, topic, number of sessions, mode of conduct, time slots of the lectures, pricing rules, cancellation rules and other rules will be listed on the Site and the Applications. Listings will be made publicly available via the Site/Applications/Services. You understand and agree that the placement or ranking of Listings in the search results may depend on a variety of factors, including, but not limited to Students’ preferences, ratings, etc.
    2. Students will be able to view Courses via the Site/Applications/Services based upon the information provided in the Listing, Students’ requirements, and Students’ search parameters and preferences.
    3. Please note that MinuteBrain assumes no responsibility for a Student’s, Teacher’s or other user’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. MinuteBrain reserves the right, at any time and without prior notice, to remove or disable access to any Student, Teacher or user for any reason, that MinuteBrain, in its sole discretion, considers to be objectionable or in violation of any applicable laws, these Terms or any other policies of MinuteBrain,, or otherwise harmful to the Site/Applications/Services.
  1. Teachers are independent contractors

 If you are a Teacher, you understand and agree that your relationship with MinuteBrain is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint-venturer or partner of MinuteBrain for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of MinuteBrain. MinuteBrain does not control your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of MinuteBrain, including by inappropriately using any MinuteBrain intellectual property.

  1. No liability for acts or omissions of Members, users, and third parties

By using the Site/Applications/Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members, users, or third parties, will be limited to a claim against the particular Members, users, or third parties who caused you harm. You agree that MinuteBrain is not liable for such acts or omissions and agree to not hold MinuteBrain liable for the same and/or seek any legal remedy against MinuteBrain with respect to such actions or omissions.

  1. Payment Terms
    1. MinuteBrain will collect the Course Fees from Students at the time of the enrolment request. If an enrolment is requested for any Course via the Site/Applications/ Services, we will either confirm or reject the enrolment request within the period of 7 working days from the date of request for enrolment (“Enrolment Request Period”), otherwise the enrolment request will automatically expire.
    2. If we are unable to confirm the enrolment request or if we reject an enrolment request within the Enrolment Request Period, any amounts collected by MinuteBrain for the requested enrolment will be refunded to the concerned Student. When we confirm an enrolment requested by a Student, MinuteBrain will send the Student an intimation via email, text message, etc. and/or via a notification on the relevant Application confirming such enrolment (depending on the selections made by the Student on the Site/Applications/ Services).
    3. The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to MinuteBrain. Upon receipt of the Students enrolment request, MinuteBrain may initiate a pre-authorisation and/or charge a nominal amount to the Student’s Payment Method pursuant to the payment terms specified in this Paragraph 9.
    4. If a requested enrolment is cancelled, prior to MinuteBrain’s rejection or confirmation and before provision of any tuitions, any amounts collected by MinuteBrain will be refunded to such Student, and any pre-authorisation and/or nominal amount charged to the Student’s Payment Method will be released (if any).
    5. MinuteBrain shall through its Site or Application raise a system generated invoice to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. and which shall be inclusive of all applicable Taxes.
    6. You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your MinuteBrain Account and in accordance with the Terms.
    7. Once your enrolment transaction is complete you will receive a confirmation email summarising your confirmed enrolment.
  1. Cancellations and Refunds
    1. If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, after enrolment to the Course, the cancellation policy contained in the applicable Course (or Listing, as the case maybe) will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy and financial charges applicable in case of payment through No Cost EMI options. MinuteBrain may, in accordance with the cancellation policy reflected in the relevant Listing:
      1. permit the Student to cancel the enrolment and/or
      2. refund to the Student that portion of the Course Fees specified in the applicable cancellation policy (IF ANY).
    2. In case the relevant Listing does not have a specified cancellation policy, MinuteBrain may refund the paid amount in proportion to the unused portion of the tuition.
    3. Details regarding refunds and cancellation policies are available via the Site and Application. MinuteBrain will initiate any refunds due pursuant to the Terms and the relevant cancellation policy mentioned in the Course (or the Listing, as the case maybe). Please refer to the Refunds section of FAQs at the following link: https://mathsgenii.com/home/pricing-faq for the latest updated terms and conditions for various categories of Listings/Courses.
    4. If we cancel a confirmed enrolment made via the Site/Applications/Services for any reason except for your contravention of the Terms, MinuteBrain will refund the Course Fees paid by the Student for such enrolment pursuant to the Terms which shall in any event not exceed the total amount paid by the Student.
    5. If we cancel a confirmed enrolment made via the Site/Applications/Services on account of your contravention of the Terms, MinuteBrain may refuse to refund Course Fees paid by the Student, in its sole discretion.
  1. Taxes

 You understand and acknowledge that depending on the location of your place of work and/or residence, relevant governmental agencies, departments or authorities (“Tax Authority“) may require Taxes to be collected from you and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted by MinuteBrain as a percentage of the Course Fees (paid by the Students) or as a percentage of the remuneration (payable to the Teachers).

  1. User Conduct
    1. You understand and agree that you are solely responsible for compliance with any and all applicable laws, rules, regulations, and Tax obligations that may apply to your use of the Site/Applications/Services and Collective Content.
    2. In connection with your use of the Site/Applications/Services and Collective Content, you may not and you agree that you will not:
      1. violate any local, state, national, municipal or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
      2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site/Applications/Services or Collective Content;
      3. access or use the Site/Applications/Services to expose or allow to be used or exposed, any MinuteBrain Content: (i) that is not publicly displayed by MinuteBrain in its search results pages or Listings before an enrolment is confirmed; (ii) in any way that is inconsistent with the MinuteBrain’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of MinuteBrain’s users or any other third party;
      4. use the Site/Applications/Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies MinuteBrain’s endorsement, partnership or otherwise misleads others as to your affiliation with MinuteBrain;
      5. dilute, tarnish or otherwise harm the MinuteBrain brand in any way, including through unauthorised use of the Site/Applications/Services or the Collective Content, whether by registering and/or using any of the terms “MinuteBrain”, “MathsGenii” of “FosterJEE” or their derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to MinuteBrain domains, trademarks, taglines, promotional campaigns or Collective Content;
      6. copy, store or otherwise access or use any information contained on the Site/ Applications/Services or Collective Content for purposes not expressly permitted by these Terms;
      7. infringe the rights of MinuteBrain or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
      8. interfere with or damage our Site/Applications/Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing of electronic mail address information or similar methods or technology;
      9. use our Site/Applications/ Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
      10. use our Site/Applications/Services or Collective Content in connection with the distribution of unsolicited commercial email, advertisement material, promotional material, charitable material or religious material, without our prior written consent;
      11. stalk or harass any other user of our Site/Applications/Services or Collective Content, or collect or store any Information or Other Information, about any other user other than for purposes of transacting as an MinuteBrain Student or Teacher (as the case maybe);
      12. register for more than one MinuteBrain Account or register for an MinuteBrain Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its minor child or legal guardian for its ward;
      13. contact another user or Member for any purpose other than lawful use in accordance with the Terms, in relation to enrolment, Courses, Listings, or the Member’s use of the Site/Applications/ Services;
      14. recruit or otherwise solicit any user or Member to join third-party services or websites which may or may not be competitive to MinuteBrain, without MinuteBrain’s prior written approval;
      15. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
      16. use automated scripts to collect information from or otherwise interact with the Site/Applications/Services or Collective Content;
      17. use the Site/Applications/Services or Collective Content to find users, Students or Members independent of the Site/Applications/ Services so as to circumvent the obligation to pay any Fees related to MinuteBrain’s provision of the Services or for any other reasons;
      18. violate these Terms or any of MinuteBrain’s policies which may be in force including the Privacy Policy;
      19. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Site/Applications/Services;
      20. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates MinuteBrain’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
      21. systematically retrieve data or other Content from our Site/ Applications/ Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
      22. use, display, mirror or frame the Site/Applications/Services or Collective Content, or any individual element within the Site/Applications/, Services or Collective Content, or MinuteBrain’s name, or any MinuteBrain owned trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site/Applications/ Services, without MinuteBrain’s prior written consent;
      23. access, tamper with, or use non-public areas of the Site/Applications/Services and/or MinuteBrain’s computer systems, or the technical delivery systems of MinuteBrain’s providers;
      24. attempt to probe, scan, or test the vulnerability of any MinuteBrain system or network or breach any security or authentication measures;
      25. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MinuteBrain or any of MinuteBrain’s providers or any other third party, or another user to protect the Site/Applications/Services or Collective Content;
      26. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site/Applications/Services or Collective Content to send altered, deceptive or false source-identifying information;
      27. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site/Applications/Services or Collective Content;
      28. advocate, encourage, or assist any third party in doing any of the foregoing; or
      29. accept or make a payment for Course Fees outside the Site/Applications/Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold MinuteBrain harmless from any liability for such payment.
  1. MinuteBrain has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, MinuteBrain may take a range of actions against you, including but not limited to deactivating or cancelling MinuteBrain Account, for a violation of this Paragraph 12 or any of these Terms.
  2. MinuteBrain may access, preserve and disclose any of your Information and Other Information, if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against MinuteBrain or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users or Members, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of MinuteBrain, its Members, users, or members of the public.
  3. You acknowledge that MinuteBrain has no obligation to monitor your access to or use of the Site/Applications/Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site/Applications/Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to Content that it determines is otherwise objectionable or as set forth in these Terms.
  4. MinuteBrain reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MinuteBrain, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site/Applications/Services.
  5. If you notice any conduct of any user or Member on the Site/Applications/Services which you find violative of this Paragraph 12 and/or any these Terms, you may reach out to MinuteBrain at contact@mathsgenii.com. We shall endeavour to take appropriate and timely action as stipulated by law (if required), as determined by us in our sole discretion.
  1. Reporting Misconduct

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to MinuteBrain by contacting us at [●] with the relevant details; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you or anyone else.

  1. Privacy

In order to provide the services to you we collect some of your Information and Other Information. We describe our collection and use of Information and Other Information in our Privacy Policy. The Privacy Policy is incorporated in the Terms in its entirety, by reference. Please review the Privacy Policy. By your use of the Site/Applications/Service you consent to the processing of your Information and Other Information as laid out in the Privacy Policy. You agree that MinuteBrain may disclose the Information and Other Information provided to us, including the data entered into the Site/Applications/Services, if required to by law or government request such as a warrant, or as specified in the Privacy Policy.

  1. Intellectual Property Ownership and Rights Notices
    1. The Site/Applications/Services, and Collective Content are protected by copyright, trademark, and other applicable laws of India. You acknowledge and agree that the Site/ Applications/Services and Collective Content, including all associated intellectual property rights, are the exclusive property of MinuteBrain or its licensors (as the case maybe). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site/Applications/ Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of MinuteBrain used on or in connection with the Site, /Applications/Services, and MinuteBrain Content are proprietary property of MinuteBrain whether registered or not and whether used in India or abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Applications/Services, and MinuteBrain Content are used for identification purposes only and may be the property of their respective owners.
    2. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any Content available on or through our Site/Applications/Services for commercial or public purposes. You may not modify, distribute or re-post something on the Site/Applications/Services for any purpose.
    3. You agree that the Site/Applications/Services contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other data of MinuteBrain is protected by copyright as a collective work under the applicable copyright laws. MinuteBrain owns a copyright in the selection, coordination, arrangement and enhancement of such Content and other data, as well as copyright or license to use in the original Content and other data. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of such Content and/or other data, in whole or in part. You may download / print / save copyrighted material for your personal and non-commercial use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MinuteBrain is permitted. If copying, redistribution or publication of copyrighted material is expressly permitted by MinuteBrain, then no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
    4. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Site/Applications/Services shall not be deemed to be in the public domain but rather they are deemed to be the exclusive property of MinuteBrain, unless such trademarks are under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of MinuteBrain, unless otherwise stated.
    5. MinuteBrain does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from it.
    6. If you come across any abuse or violation of this Paragraph 15, please report to contact@MathsGenii.com
  1. Application License

Subject to your compliance with these Terms, MinuteBrain grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application(s) on each mobile device or computer that you own or control and run such copy of the Application(s) solely for your own personal and non-commercial use.

  1. MinuteBrain Content and Member Content License
    1. Subject to your compliance with these Terms, MinuteBrain grants you a limited, non-exclusive, non-transferable license, to (a) access and view any MinuteBrain Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this Paragraph 17.
    2. You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, or prepare derivative works based upon the Site/Applications/Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MinuteBrain or its licensors, except for the licenses and rights expressly granted in these Terms.
  1. Member Content
    1.  We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through MinuteBrain promotional campaigns, you hereby grant to MinuteBrain a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site/Applications/Services. MinuteBrain does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. 
    2. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site/Applications/Services or through MinuteBrain promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site/Applications/Services or through MinuteBrain promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to MinuteBrain the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or MinuteBrain’s use of the Member Content (or any portion thereof) on, through or by means of the Site/Applications/Services or MinuteBrain promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  1. Hyperlinks

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that MinuteBrain is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MinuteBrain of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or their Content, products or services on or available from such websites or resources.

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site/Applications/Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site and Applications, or by other means of communication. You acknowledge and agree that all Feedback you give us will be non-confidential and will be the sole and exclusive property of MinuteBrain and you hereby irrevocably assign to MinuteBrain all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At MinuteBrain’s request and expense, you agree to execute documents and take such further acts as MinuteBrain may reasonably request to assist MinuteBrain to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  1. Copyright Policy

MinuteBrain respects copyright law and expects its users to do the same. It is MinuteBrain’s policy to terminate in MinuteBrain’s sole discretion, the MinuteBrain Accounts of Members or other users of the Site/Applications/Services who infringe or are believed to be infringing the rights of copyright holders.

  1. Term and Termination, Suspension and Other Measures
  1.  Term

The Terms shall be effective for the time Members or other users access or use the Site/Applications/Services or download or post any Content from or on the Site, via the Application or through the Services, until such time when you or MinuteBrain terminate the MinuteBrain Account or MinuteBrain may disallow you to use the Site/Applications/Services either in part or in full under these Terms as described below.

  1. Termination for convenience

You may terminate your MinuteBrain Account at any time via the “Cancel Account” feature on the Site or by sending us an email at [●]. If you cancel your MinuteBrain Account, any confirmed enrolment will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, MinuteBrain may terminate your MinuteBrain Account or disallow you to use the Site/Applications/Services either in part or in full for convenience at any time by giving you [10] days’ notice via email to your registered email address.

  1. Termination for breach, suspension and other measures
    1. MinuteBrain may immediately, without notice terminate your MinuteBrain Account or MinuteBrain may disallow you to use the Site/Applications/Services either in part or in full if (i) you have materially breached these Terms or our policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in Paragraph 12 of these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the MinuteBrain Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) MinuteBrain believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, MinuteBrain or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    2. In addition to the above, MinuteBrain may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your MinuteBrain Account and the Site/Applications/Services, temporarily or permanently revoke any special status associated with your MinuteBrain Account, or temporarily or permanently suspend your MinuteBrain Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and/or receiving poor ratings from Students, or (ii) MinuteBrain believes in good faith that such action is reasonably necessary to protect the safety or property of Members, MinuteBrain or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    3. In case of non-material breaches and where appropriate, you may in MinuteBrain’s sole discretion, be given notice of any breach by MinuteBrain and an opportunity to resolve the issue to MinuteBrain’s reasonable satisfaction.
  2. Consequences of Termination
    1. If we take any of measures described above we may take any actions we deem appropriate including but not limited to the following: (i) communicate to the Students that a pending or confirmed enrolment has been cancelled, (ii) in our sole discretion, refund the Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) in case of Teachers, terminate their engagement with MinuteBrain and not be responsible to further payment of any remuneration, fees, etc. and/or seek to recover any amounts already paid by MinuteBrain to such Teacher with or without damages.
    2. It is clarified that in such cases, Students will not be entitled to any compensation for confirmed or pending enrolments that were cancelled.
    3. If MinuteBrain terminates your MinuteBrain Account or disallows you to use the Site/Applications/Services either in part or in full or if you cancel your MinuteBrain Account in accordance with the Terms,, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback and you are not entitled to a restoration of your MinuteBrain Account or any of your Member Content. If your access to or use of the Site/Applications /Services has been limited (either in part or full) or your MinuteBrain Account has been suspended, you may not register a new MinuteBrain Account or attempt to access and use the Site/Applications/ Services through other MinuteBrain Accounts.
  1. Survival

If we terminate your MinuteBrain Account or disallow you to use the Site/Applications/Services either in part or in full or if you cancel your MinuteBrain Account in accordance with these Terms, then the provisions of these Terms that reasonably should survive such termination will remain in effect.

  1. Disclaimers
    1.  If you choose to use the Site/Applications/Services or Collective Content, you do so at your sole risk. You acknowledge and agree that MinuteBrain does not have an obligation to conduct background or character checks on any Member or other users of the Site/Applications/Services, but may conduct such background or character checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
    2. The Site/Applications/Services and Collective Content are provided on an “as is” basis, without warranty of any kind, either express or implied. Without limiting the foregoing, MinuteBrain explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising in the course of dealing or usage of trade. MinuteBrain makes no warranty that the Site/Applications/Services or, Collective Content, including, but not limited to, any Courses, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. MinuteBrain makes no warranty regarding the quality of any Listings, Courses, Teachers, Students, Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site/Applications/Services.
    3. No advice or information, whether oral or written, obtained from MinuteBrain or through the Site/Applications/Services or Collective Content, will create any warranty not expressly made herein. MinuteBrain shall not be responsible for opinions expressed by any Members.
    4. You are solely responsible for all of your communications and interactions with other users of the Site/Applications/ Services and with other persons with whom you communicate or interact as a result of your use of the Site/Applications/ Services, including, but not limited to, any Students. You understand that MinuteBrain does not make any attempt to verify the statements of users of the Site/ Applications/Services or to review any Course. MinuteBrain makes no representations or warranties as to the conduct of users of the Site/Applications/ Services or their compatibility with any current or future users of the Site/Applications/Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site/Applications/Services and with other persons with whom you communicate or interact as a result of your use of the Site/Applications/Services, including, but not limited to, Students or Teachers, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by MinuteBrain. MinuteBrain explicitly disclaims all liability for any act or omission of any Student, Teacher, user or other third party.
    5. We have made every effort in the preparation of the Site/Applications/Services so as to offer the current and correct information. Nevertheless, inadvertent errors may occur. We disclaim any responsibility for any errors and/or inaccuracy of the information on the Site/Applications/Services. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    6. Availing the Site/Applications/Services whether by making a MinuteBrain Account or not, does not in any manner guarantee admission to any educational institutions or clearing of any exams or attaining any specified percentage of marks in any examinations.
    7. You acknowledge that your ability to use MinuteBrain Account is dependent upon multiple external factors such as internet service providers and internet availability and you understand that MinuteBrain cannot guarantee accessibility to the Site/Applications/Services at all times. In addition to the disclaimers set forth in the Terms, MinuteBrain shall not be liable to you for any damages arising from your inability to log into or access Your MinuteBrain Account or the Site/Applications/Services at any time.
  1. Limitation of Liability
    1.  You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site/Applications/Services and Collective Content, your enrolment in any Course via the Site/Applications/Services, and any contact you have with other users of MinuteBrain whether in person or online remains with you. Neither MinuteBrain nor any other party involved in creating, producing, or delivering the Site/Applications/Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from the use of or inability to use the Site/Applications/Services or Collective Content, or from any communications, interactions or meetings with other users of the Site/Applications/Services or other persons with whom you communicate or interact as a result of your use of the Site/Applications/Services, or from your enrolment in any Course via the Site/Applications/Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MinuteBrain has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. 
    2. By accessing our Site/Applications/Service, you explicitly agree not to sue us for any data breach and any resultant harm caused to your Information, Other Information and/or other data.
    3. In no event will MinuteBrain’s aggregate liability arising out of or in connection with these Terms and your use of the Site/Applications/Services including, but not limited to, your enrolment of any Course via the Site/Applications/ Services, or from the use of or inability to use the Site/Applications/Services, or Collective Content and in connection with any Course or interactions with any other Members or third parties, exceed the amounts you have paid or owe for enrolments via the Site/Applications/Services as a Student in the three month period prior to the event giving rise to such liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between MinuteBrain and you.
  1. Indemnification

You agree to release, defend, indemnify, and hold MinuteBrain, its officers, directors, employees and agents, and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site/ Applications/Services, or Collective Content or your violation of these Terms; (ii) your Member Content; (iii) your interaction with any Member or user whether online or offline; (iv) your enrolment in an Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment in or attending a Course.

  1. Entire Agreement

Except as they may be supplemented by additional MinuteBrain policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between MinuteBrain and you regarding the Site/Applications/Services and Collective Content), and any enrolments made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MinuteBrain and you regarding enrolments, the Site/Applications/Services and Collective Content.

  1. Notices

 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MinuteBrain (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via notifications on the Applications. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Any notice to be provided to MinuteBrain should be sent to [●].

  1. Governing Law and Jurisdiction
    1.  These Terms and your use of the Site/Applications/Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Bhubaneswar, except for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
    2. Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of these Terms to arbitrate, or your use of the Site/Applications/Services or the information to which it gives access to, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by the said Member and MinuteBrain. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bhubaneswar. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  1. No Waiver

The failure of MinuteBrain to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if it is in writing and signed by a duly authorised representative of MinuteBrain. Except as expressly set forth in these Terms, the exercise by us of any of our remedies under these Terms will be without prejudice to other remedies available to us under these Terms or otherwise.

  1. Severability

 If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  1. Miscellaneous
    1.  MinuteBrain shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with the Site/Applications/Services provided by us.
    2. MinuteBrain is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond MinuteBrain’s reasonable control.
    3. In the event of your breach of these Terms, you agree that MinuteBrain will be irreparably harmed and may not have an adequate remedy in money or damages. MinuteBrain therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. MinuteBrain’s right to obtain such relief shall not limit its right to obtain other remedies.
    4. You may not assign or transfer these Terms, by operation of law or otherwise, without MinuteBrain’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MinuteBrain may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    5. MinuteBrain reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site/Applications/Services (or any part thereof) provided by us with or without notice. You agree that MinuteBrain shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site/Applications/Services (or any part thereof).
    6. We may review and/or amend these Terms from time to time to make sure they are up-to-date. Please note that these Terms are subject to change at any time without notice. If you continue to use the Site/Applications/Services post any such revisions to the Terms, you shall be deemed to have consented to the modified Terms.
    7. To make sure you are aware of any changes, please review these Terms periodically. If you are our registered user, we may in our sole discretion notify you before we make changes to these Terms, and give you the opportunity to review the revised Terms before you choose to continue using our Site/Applications/Services.

 YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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