Terms & Conditions
Should you choose not to accept the terms of this User Agreement, refrain from accessing, subscribing to, or utilizing any Attaiin Platform. Attaiin reserves the right to amend this Agreement at its discretion by posting the revised terms on https://attaiin.com/terms-conditions/.
This User Agreement (“Agreement”) is a legal agreement between you (“User”) and Attaiin (a product brand name of Brainnit Innovative Education Support Services LLC (“Company”). This Agreement governs your access to and use of the Attaiin digital e-learning platform, website, web portal, mobile application owned or operated by Attaiin or its subsidiaries, affiliates, and licensors (“Platform”).
These sites are designed to provide information about our company, its array of products, services, equipment, third-party provided products and services, application, software, and any other services collectively referred to as “Attaiin Products.” The terms “we”, “us”, or “our” denote Attaiin, while “you” or “your” refers to the user accessing or using the Attaiin Platform. The term “Attaiin” is the tradename of a brand name of Brainnit Innovative Education Support Services LLC which manages and maintains Attaiin Platform.
The following provisions in this Agreement impact your rights under some circumstances:
- Section 10 outline limitations on Attaiin’s liabilities and warranties, including restrictions on the damages recoverable from Attaiin in relation to any issues arising from the use of Attaiin Platform.
- Section 13 outlines mandatory dispute resolution procedures. These procedures impose a timeframe within which you must raise any dispute with Attaiin or initiate legal action against Attaiin. They also include pre-lawsuit dispute resolution requirements that must be fulfilled before filing any legal claims. Additionally, these procedures mandate that any lawsuit or claim be pursued individually, not as a class or collective action, and resolved by a judge rather than a jury.
Acceptance of Terms
By accessing or using the Platform, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with these terms, please do not use the Platform.
Definitions
“User” refers to any individual accessing or using the Platform.
“Content” includes but is not limited to text, graphics, images, videos, and any other materials present on the Platform.
Registration and Accounts
To access certain features of the Platform, you may be required to create an account. When using our services, you agree to furnish accurate and complete information. It is your responsibility to maintain the accuracy of this information. Failure to provide accurate or misleading information may result in restrictions or termination of access to our services without prior notice. Our website may feature third-party content and services not affiliated with us. We do not endorse, review, or assume responsibility for such content. Links to third-party websites are provided for convenience and accessing them is at your own risk. We advise understanding and adhering to the policies of these websites.
You are responsible for maintaining the confidentiality of all login credentials, account details, and any other information used to access our platform (“Your Credentials”). Any failure to uphold this confidentiality resulting in liability or damage is solely your responsibility. You assume full liability for all activities associated with Your Credentials, including account information and financial details. In case of suspected security breaches such as loss, theft, or unauthorized use of Your Credentials, you must promptly notify us. Additionally, regular password changes are encouraged. By using our services or products, you grant us permission to disclose or modify Your Credentials based on adequate identification provided by authorized individuals. The public nature of the internet poses a risk of unauthorized access to Your Credentials. You acknowledge this inherent risk and agree to take necessary precautions to protect your information while using our services.
Refund Policy
Refund Eligibility
- Timeframe: You are eligible for a full refund of the amount paid for that particular product/service (The amount refundable shall be subject to deduction of applicable charges), if such refund is claimed (and subject to eligibility as per this terms and conditions) within 7 days of the date of payment for the products/services. No refund requests will be entertained after this timeframe.
- Eligibility Criteria: You understand and agree that you have fully read, understood and agree that the amount paid for purchase is non-refundable and you made the payment only after proper review of this Agreement. Refunds will be processed solely for specific technical issues upon verification by our team in writing. For clarity, you are not eligible to apply for a refund if the reason for the refund is other than specific technical issues. You will be eligible for a refund only if you apply for a refund via the registered Email ID or contact number.
- Refundable Amount: The refund will be processed within 10 business days from the date of our acceptance of the refund verification request in writing.
Refund Process
- Contact Information: You must contact our customer support team at refund@brainnit.co.uk for the refund request.
- Required Information: When requesting a refund, users must apply for the refund only via your registered email id or contact number registered with us.
Refund Timeline
- Processing Time: Upon approval by us (such approval shall be at our sole discretion), refunds will be processed within the period mentioned above.
- Reflected Amount: The time taken for the refunded amount to reflect in your account may vary based on the policies of your financial institution.
Intellectual Property
The content, software, and all associated materials (collectively referred to as “Assets”) accessible on our web portal or application, or website are protected by copyright and trademark laws and are the exclusive property of Attaiin, its affiliates, or our affiliated third-party content providers. All rights pertaining to these Assets are reserved by us. Any use of these Assets beyond the intended scope of our web portal or application or website requires explicit written consent from us. Unauthorized use of these Assets, infringing on copyright or trademark laws, may result in legal consequences. Subject to the terms of this Agreement, you are granted limited access to our web portal or application or website, including the Assets and web portal or application, or website, strictly for personal, non-commercial use. However, downloading or exporting the web portal or application, or website to countries under U.S. export embargoes or to individuals listed by U.S. authorities is prohibited. By accessing or using the Software, you confirm compliance with these restrictions and assert that you are not situated in or associated with such restricted territories or individuals. In cases of copyright infringement concerns, please contact us immediately at copyright@brainnit.co.uk.
The trademarks showcased on our web portal, application, website belong to us or our associated third-party providers offering products or services on our web portal or application, or website. Our trademarks, service marks, company names, graphics, logos, and other distinct marks cannot be replicated, utilized, or altered in any way. Additionally, the trademarks, service marks, company names, graphics, logos, and other marks associated with other entities on our platform remain the property of their respective owners, who may not have any affiliation with us. It is prohibited to employ meta tags or concealed text incorporating our names, trademarks, or service marks.
- Privacy and Data Collection
The Company’s Privacy Policy outlines the collection, use, and sharing of your personal information. By using the Platform, you consent to the practices described in the Privacy Policy.
- User Content
By submitting any User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display such content.
- Attaiin reserves the right to establish and execute procedures affecting orders made via Attaiin Platforms. This includes the potential requirement for information validation or imposing limits on the availability, nature, or quantity of Attaiin Products or services. Attaiin retains the sole discretion to cancel or reject orders for Attaiin Products or services at any given time.
- User-Submitted Content: Certain sections of Attaiin application or web portal or websites enable users to update various content, collectively referred to as ‘User Content.’ By contributing User Content, you affirm that you have rightful ownership or control over its rights. There’s no expectation of confidentiality associated with the User Content, and it must comply with the terms of this Agreement. You agree to indemnify Attaiin against claims arising from your provided User Content. Furthermore, by submitting User Content, you grant Attaiin a royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and license to utilize, modify, reproduce, distribute, and display the provided User Content globally. Additionally, you allow other users to access your own User Content on Attaiin application or web portal or websites. Attaiin may use your name in conjunction with the User Content for advertising and marketing purposes, and no compensation shall be paid to you or any other party for such usage. Attaiin holds no obligation to validate, use, or maintain the confidentiality of the User Content. We reserve the right to remove, refuse, or restrict access to User Content without prior notice. You bear sole responsibility and liability for any User Content accessed, uploaded, or viewed through Attaiin application or web portal or websites. Attaiin does not endorse or hold responsibility for User Content, including any opinions, advice, errors, or objectionable content it may contain. We appreciate any feedback regarding our application or web portal or websites and, but communications sent to us about our application or web portal, or websites will be considered nonproprietary and nonconfidential, becoming Attaiin property to use, reproduce, and distribute for any purpose allowed by applicable laws, without any compensation to you.
- Access and Usage Policies for Attaiin application or web portal or websites:
By using any Attaiin application or web portal or websites, you agree not to engage in unlawful, abusive, or fraudulent activities, including actions that evade payment obligations for Attaiin products or services, result in criminal offenses, lead to civil liabilities, or breach any laws or regulations. While Attaiin strives to provide uninterrupted service, technical issues (collectively termed ‘Technical Issues’) might occur on Attaiin applications, web portal or websites. If encountering any Technical Issues, promptly notify Attaiin in writing. Attaiin shall not be liable for any loss of information, disruptions, delays impacting data, information flow, notifications, purchases, deliveries, or any aspect of Attaiin application or web portal or websites due to Technical Issues. You must use Attaiin application or web portal or websites in accordance with this Agreement and refrain from the following actions or posting content on Attaiin application or web portal or websites that:
- Utilizes any automated program or device to extract information or copy any part of an Attaiin application or web portal or websites;
- Contains computer viruses, malicious code, or programs designed to disrupt software, hardware, networks, servers, or communication systems;
- Disrupts or obstructs other users’ enjoyment of Attaiin application or web portal or websites or affiliated/linked websites, materials, content, or services, including Attaiin products or services;
- Creates a false identity with the intent to deceive others;
- Collects or distributes user information or usage data without authorization;
- Uses any Attaiin domain name as a fictitious return email address;
- Involves unsolicited or unauthorized advertising or communications, including spam, chain letters, or bulk emails, except in designated areas;
- Provides support or resources to organizations identified as foreign terrorist organizations by the United States government;
- Attempts to bypass or manipulate any digital rights management or security tools on Attaiin application or web portal or websites;
- Engages in commercial exploitation of Attaiin application or web portal or websites or its content;
- Publishes, displays, or distributes content without proper authorization;
- Systematically collects content through data mining or similar methods;
- Creates derivative works from Attaiin applications, web portals or websites;
- Utilizes framing techniques to enclose Attaiin application or web portal or website content without permission;
- Contains offensive, defamatory, harassing, or inappropriate content;
- Infringes on intellectual property rights or attempts to remove proprietary labels from Attaiin application, web portal or website content;
- Solicits criminal conduct or violates any law or rights of third parties;
- Misrepresents identities or promotes fraudulent activities;
- Advertises specific prohibited items, including firearms, tobacco, or illegal drugs;
- Includes charity requests, petitions, chain letters, or schemes;
- Attempts to reverse-engineer, decompile, or derive the source code of Attaiin application, web portal or website technology. This includes examining or analyzing the underlying technology of Attaiin application, web portal or website for its internal design, algorithms, or encryption devices.
- Disclaimer Regarding Attaiin Platforms:
Attaiin does not guarantee or represent that your use of any Attaiin application, web portal or website will be immune to viruses, security threats, or vulnerabilities. Additionally, Attaiin does not warrant the accuracy, completeness, or current status of information on its application, web portal or website, including information related to Attaiin products or services. Pricing or service descriptions for Attaiin products or services on Attaiin application, web portal or website might have changed; in such cases, Attaiin will make reasonable efforts to rectify errors promptly. Attaiin application, web portal or website, their content, and supporting systems are provided to you ‘as is’, ‘with all faults’, and ‘as available’. Attaiin does not guarantee the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, non-infringement, merchantability, or fitness for a specific purpose of such items. Your access to Attaiin application, web portal or website is at your own risk. You acknowledge and accept sole responsibility for any damages to your computer system, or loss/theft of data or information resulting from your use of Attaiin application, web portal or website or downloading any material from an Attaiin application, web portal or website. Attaiin cannot ensure that Attaiin application, web portal or website, or any of their associated websites, will be free from errors, continuously available, or devoid of harmful components, such as viruses, worms, trojan horses, or other programs capable of impacting Attaiin application, web portal or website, Attaiin systems, networks, services, or your computer, mobile device, or any other hardware, software, network, or system.
Limitations of Liability
Under no circumstances will attaiin, its officers, directors, employees, affiliates, agents, shareholders, licensors, suppliers, and contractors be liable to you or any other party for damages arising out of or in connection with the following (except this limitation shall not apply to a party whose gross negligence or intentional misconduct caused your damages or loss):
Any act or omission by you or another person or entity.
Any failure or delay in making attaiin application, web portal or website available to you for any reason at any time.
Any content or information accessed while you use attaiin application, web portal or website.
Any loss or lack of privacy as to, use or misuse of, theft of, damages or modifications to, or loss or destruction of any of your software, files, information, or data, including your identifiers, account information, and payment information.
Any transaction performed or attempted to be performed on or through an attaiin application, web portal or website.
Any content or information created or accessed while you use attaiin application, web portal or website.
Any other cause of action resulting from your use or attempted use of attaiin application, web portal or website in any manner.
This is a comprehensive limitation of liability that applies regardless of the legal theory under which liability is asserted (whether in contract, negligence, tort, strict liability, or otherwise), and regardless of whether attaiin has been advised of the possibility of liability, loss, or damage, to damages of any kind, including compensatory, incidental, consequential, direct, indirect, or special damages, including, without limitation, lost profits or revenue, loss of opportunity or use, loss or misuse of information or data, diminution in value, and cost of replacement services. in the event applicable laws in certain states do not permit application of this limitation of liability or limit its applicability, you agree the aggregate liability of attaiin in such instances for liability that would have otherwise been limited by this section will not exceed the total amount paid by you for the previous one year or the minimum aggregate liability allowed by applicable law. the limitations in this section also are subject to section 13(b)(ii)(c).
You agree to indemnify, defend, and hold harmless Attaiin, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third-party information providers from and against all claims, demands, actions, losses, expenses, damages, and costs, including reasonable attorneys’ fees, made by a third party arising from or in connection with any violation of this Agreement or applicable law by you, any violation of any rights of a third party by you, and any information or content that you submit, use, post, transmit, or make available to Attaiin, including provided through an Attaiin application, web portal or website.
- Termination
The Company reserves the right to terminate or suspend your access to the Platform at any time, with or without cause.
- Dispute Resolution
Please review this section attentively as it impacts your rights that might otherwise apply. It outlines the resolution of disputes on an individual basis, not collectively, through pre-suit dispute resolution. If needed, it involves court actions decided by a judge, not a jury. Additionally, it sets time limits for notifying Attaiin of a dispute and filing any claims, disputes, actions, or lawsuits. This section governs all disputes, claims, actions, or lawsuits between you and Attaiin relating to this Agreement, Services, Software, and/or Equipment, irrespective of the legal basis.
Pre-Filing Requirements: Before initiating any lawsuit, claim, or action in any court, you must first present any claim or dispute to Attaiin in writing, allowing Attaiin a fair opportunity to resolve the dispute without litigation (“Notice of Claim”). Kindly send the Notice of Claim via email to legal@brainnit.co.uk or mail it to Brainnit Innovative Education Support Services LLC, P.O. Box 44465, Suite No: 604, Apricot Tower, Dubai Silicon Oasis- Dubai, United Arab Emirates., Attn: Ummer Sajin.
These pre-filing requirements are crucial terms of this agreement, granting both you and Attaiin substantive rights, not just procedural ones. Failure to comply may result in the dismissal of any lawsuit.
- Individual Basis: Your Notice of Claim must be on your individual behalf and should not be made on a class, collective, or coordinated basis. Claims by multiple parties in a single Notice of Claim are prohibited, except for joint, named account holders of the same Attaiin account.
- Resolution Opportunity:
- Good Faith Resolution: Attaiin is committed to earnestly resolving any disputes. Your individual Notice of Claim must include specific information for Attaiin to address the dispute:
Related Attaiin application or web portal or website(s), visit dates, and activities during those visits.
- Relevant Attaiin account number(s).
- Clear description of the underlying facts.
- Estimation and calculation of damages.
- Description of non-monetary relief sought.
- Supporting documentation.
Additionally, you agree to timely respond to any requests from Attaiin for additional or clarifying information.
- Claims Involving False Statements: If your claim involves alleged false statements, your Notice of Claim should identify:
- Content of the alleged false statement.
- Approximate receipt date.
- Means of receiving the statement.
- Identification of the person responsible if known.
- Failure to Provide Information: Attaiin will endeavor to search and identify relevant records if you provide the necessary information. Failure to provide this information relieves Attaiin of this obligation.
- 60-Day Resolution Period: If the dispute remains unresolved 60 days after Attaiin receives a compliant Notice of Claim, you may pursue a court action following these Dispute Resolution Terms. If the Notice of Claim is deficient, incomplete, or lacks required information, the resolution period begins upon receiving corrected information.
- Extension of Filing Deadline: The deadline to file a lawsuit extends up to 60 consecutive days after Attaiin receives your compliant Notice of Claim. Failure to respond to a request for additional information may shorten this extension.
Disclaimer of Warranties
Attaiin does not warrant or represent that your use of any Attaiin application or web portal or websites will be shielded from viruses, security threats, or other vulnerabilities. Attaiin does not guarantee the accuracy, completeness, or currentness of information on Attaiin application or web portal or websites, including details concerning Attaiin Products. Descriptions of pricing or service capabilities for Attaiin Products on Attaiin application or web portal or websites may have changed and Attaiin will strive to rectify such errors promptly. Attaiin application or web portal or websites, along with all related information, content, and supporting systems, are provided to you “as is,” “with all faults,” and “as available.” Attaiin does not warrant the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, noninfringement, merchantability, or fitness for a specific purpose of such items in any manner. Your use of Attaiin application or web portal or websites is at your own risk. You acknowledge that you are solely responsible for any damage to your computer system or loss/theft of data resulting from your use of Attaiin application or web portal or websites or downloading any material from or provided through an Attaiin application or web portal or websites. Attaiin does not guarantee that Attaiin application or web portal or websites or any of its application or web portal or websites will be error-free, continuously available, or free of harmful components, such as viruses, worms, trojan horses, or other programs capable of impacting or affecting an Attaiin application or web portal or websites or any Attaiin systems, network, or services, or your hardware, software, network, or other systems.
- Governing Law
This Agreement and any disputes, claims, actions, and lawsuits arising from or linked to this Agreement shall be governed by the laws of the state in which you receive the Services subject to the dispute, claim, action, or lawsuit.
- Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary.
- Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
For any inquiries or concerns regarding this Agreement, please contact us at support@brainnit.co.uk