Warranties, Disclaimers and Legal Rights
Please read the terms and conditions of this subscriber
by entering this website, you are agreeing to become a party to
and be bound by all the terms and conditions of this subscriber agreement.
The Web site is http://www.cerbotech.in (“Site”). Your
access to and use of the Site is governed by this Subscriber Agreement
(“Agreement”). As used in this Agreement, “cerbotech.in ,” “we,” “us’” or “our”
refers to cerbotech.in, and “you” or “your” refers to you, the user of the
Site. The Agreement below is the agreement you consented to upon subscribing to
1. Not for Minors
This site is to be used only by persons 18 years of age and
older. Although this site is not an adult website as such, the brain
stimulation and training products featured here, as well as discussions and
related information, are not for use by minors.
2. No Medical Advice
This website, products and materials are not intended to
diagnose, treat, cure, or prevent any disease, and are no substitute to medical
advice. You should consult your physician and follow his/her advice. The
statements made on this website concerning its products have not been evaluated
by the Food and Drug Administration.
You agree that the audio sessions that are part of the cerbotech.in.
Program are designed solely for self-improvement, aid in motivation,
relaxation, and experimentation. They are not intended as a replacement for
medical or psychological treatment. No medical claims are intended, expressed
Those meeting any of the following conditions, whether knowingly
or not, should not listen to the binaural beats brainwave entrainment audio
- Pregnant women
- Those who are
wearing a pacemaker
- Those prone to or
have had seizures
Those who should consult a physician before the use of this
- Individuals under
the influence of medication or drugs.
These sessions are not to be used while under the influence of
alcohol or other mood altering substances, whether they are legal or illegal.
Children under the age of 18 are to be examined by a physician
for epilepsy or illnesses that may contribute to seizures prior to the use of
binaural beats brain entrainment audio recordings, as they are more susceptible
You assume all risks in using them, waving any claims against cerbotech.in
and their affiliates for any and all mental or physical injuries. You also
agree to assume liabilities when allowing other persons access to cerbotech.in products.
In no case will cerbotech.in or other distributors of cerbotech.in
products be liable for chance, accidental, special, direct or indirect damages
resulting from use, misuse or defect of its products, instructions or
3. Access and Passwords
As part of the subscription process for this Site, you might
have selected or been assigned a particular username and password in accordance
with cerbotech.in’s username and password guidelines. You agree that
you are the only individual entitled to access the site using your username or
password, and you agree not to permit others to access the site using your
username or password.
You agree that all actions taken by you, or any other user that
accesses the Site using your username and password, at or through the Site will
be attributed to and legally bind you, even with respect to acts for which the
user had no actual authority or made an error. You assume all resulting
liability from use of the Site and any services available on it by you or
others using your username or password. If you lose your username or password,
please contact us.
Our Privacy Notice is a part of this Agreement and its terms are
incorporated herein by this reference. Please read it now at our website.
5. Copyright and Restrictions
This Web site contains proprietary material of cerbotech
education pvt ltd (or material that other suppliers have licensed to cerbotech
education pvt ltd for their use) which is protected by copyright and
other laws respecting proprietary rights. cerbotech education pvt ltd retains
all rights in the material and media, including (without limitation) all
copyright and other proprietary rights worldwide in all media. You may not use cerbotech
education pvt ltd except as expressly permitted under this Agreement and
under United Kingdom copyright laws. Any routine and/or systematic
redistribution of any portion of the products licensed herein is expressly
End users who are duly authorized may Access cerbotech.in for
individual use, i.e., may view the information on screen; may download small
portions of the information to a computer disk for personal convenience and
later reference; and may print paper copies of small portions for personal use
The rights granted here are an expansion of the rights granted
under the Copyright Act and do not include any rights to reproduce in its
entirety any portion of the information or materials contained therein. No part
of the information may be duplicated in any medium or format beyond the express
terms of this Agreement without prior written authorization from Cerbotech
Education Pvt Ltd. Any use not authorized by the Agreement is prohibited and is
not a fair use under the Indian copyright law.
You acknowledge that the information (and the licensed materials
contained therein) is highly proprietary in nature and that unauthorized
copying, transfer or use may cause Cerbotech Education Pvt Ltd and/or Cerbotech
Education Pvt Ltd’s suppliers irreparable injury that cannot be adequately
compensated for by means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be enforced by Cerbotech
Education Pvt Ltd, and/or any of Cerbotech Education Pvt Ltd’s suppliers, by
means of equitable relief (including, but not limited to, injunctive relief) in
addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed
materials may enforce its rights against you, even though that supplier is not
a party to the Agreement.
You may not and may not permit others to: reproduce, publish,
distribute, sell, or otherwise access or use any material retrieved from or
contained in or on this Site in any manner whatsoever that may infringe any
copyright or proprietary interest of Cerbotech Education Pvt Ltd; distribute
the information contained in and/on this Site to other users not duly
authorized to Access the Site; distribute, rent, sublicense, lease, transfer or
assign the information or Agreement; decompile, disassemble, or otherwise
reverse-engineer this Site or information contained in or on this Site or any
software contained therein, or alter, translate, modify, or adapt it to create
derivative works. Unauthorized reproduction, transfer, and/or use may be a
violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any
portion of the information on any electronic media, including, but not limited
to, local or wide area networks, timesharing services, multiple processing
units, multiple site arrangements, service or software rental bureaus, list
servers, online services, electronic bulletin boards or forums, World Wide Web
sites or any other server that is Internet-enabled, without written authorization
by Cerbotech Education Pvt Ltd.
If you breach any provision of this Agreement, Cerbotech
Education Pvt ltd may immediately terminate this Agreement and all
licenses granted hereunder without prior notice and in addition to any other
available rights and remedies
6. Accuracy and Availability of Information
The Site contains database information and other content
compiled by Cerbotech Education Pvt Ltd. While we use commercially reasonable
efforts to provide accurate information, Cerbotech Education Pvt Ltd gives
no warranty as to the accuracy of the database and other content on the Site. Cerbotech
Education Pvt Ltd reserves the right to withdraw or delete information or
content from the Site at any time.
7. Links to Third Party Sites
Cerbotech.in does not endorse the content on any third-party Web
site. Cerbotech Education Pvt Ltd is not responsible for the content of
Third-Party Sites that you reach through links on the Site, sites framed within
the Site, or third-party advertisements on the Site, and we do not make any
representations regarding their content or accuracy. Your use of Third-Party
Sites is at your own risk and subject to the terms and conditions of use for
such sites. Any transaction that you conduct at a Third-Party site will be between
you and the party providing that Web site. This means that Cerbotech Education
Pvt Ltd is not your agent and is not a party to any transaction at a
8. Representations and Warranties
You represent and warrant to Cerbotech Education Pvt Ltd that:
(a) you possess the legal right and ability to enter into this Agreement; (b)
all information submitted by you to the Site is true and accurate; (c) you will
be responsible for all use of your username and password even if such use was
conducted without your authority or permission; (d) you are at least 18 years
old; and (e) you will not use the Site for any purpose that is unlawful or
prohibited by this Agreement.
9. Disclaimer of Warranties
All content, software, and other services provided at or found
within this site by Cerbotech Education Pvt Ltd and its affiliates are provided
“as is” and “with all faults,” without warranties of any kind, and Cerbotech
Education Pvt Ltd and its affiliates hereby disclaim all warranties, express,
implied, or statutory, including without limitation any implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement.
specifically, but without limiting the generality of the
foregoing, Cerbotech Education Pvt Ltd does not make any warranties regarding
the following: (a) availability of the site at any particular time; (b)
accuracy of the content or how current any content is that is found on the
site; (c) transmissions to, from or within the site; (d) functionality; (e)
lack of viruses; (f) compliance of the software, services and content provided
under this agreement with united states, federal or state laws; or (g) that the
software, content or services contained in the site will meet any particular
criteria of performance or quality.
10. Limitation of Damages
In no event will Cerbotech Education Pvt Ltd or any of its
affiliates be liable for any consequential, indirect, incidental, or special
damages whatsoever, including without limitation damages for loss of profits,
business interruption, loss of or unauthorized access to information, and the
like, even in the event of fault, tort, breach of contract, or breach of
warranty, and even if Cerbotech Education Pvt Ltd has been advised of the
possibility of such damages.
11. Limitation of Liability; Exclusive Remedy
Also, in no event will Cerbotech Education Pvt Ltd or any of its
affiliates be liable to you and/or any agency for any amount in excess of the
total amount actually received by Cerbotech Education Pvt Ltd from you for
access to the site and any of the services available at the site during the
year prior to your claim.
You agree to indemnify and hold us harmless, and pay our
attorney’s fees and costs, if we become liable for or incur any damages in
connection with your breach of this Agreement. You may not settle any dispute
without our prior consent, which may only be given in a non-electronic writing
signed by an authorized representative of Cerbotech Education Pvt Ltd.
13. Consent to Electronic Notices and Other
You agree that all of your transactions relating to the Site
may, at our option, be conducted electronically, including any that we are
otherwise required to provide in “writing”. For example, we may send you
notices via postings at the Site or via email to any email address that you
provide to us during registration as a Site member. If you do not wish to deal
with us electronically, you should not use the Site or enter into this
Agreement. If applicable law now or later requires us to communicate with you
non-electronically, we reserve the right to charge a fee for doing so. Notice
will be deemed given 24 hours after the email is sent, unless (for email) we
are notified that the email address is invalid. Alternatively, we may give you
notice by mail to the address provided during registration.
14. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement
(and any amendment from time to time) and retain it in your records. You also
agree to make a copy of any other information that we deliver to you in
Cerbotech Education Pvt Ltd may terminate your subscription
and/or access, or suspend access to all or part of the Site, without notice,
for any conduct that Cerbotech Education Pvt Ltd, in its sole discretion,
believes is in violation of this Agreement, any applicable law, or any act
which is harmful to the interests of another user, service provider, or Cerbotech
Education Pvt Ltd.
Cerbotech Education Pvt Ltd may also elect not to renew your
subscription and access by providing a notice of nonrenewal prior to the end of
your current subscription term. Applicable sections of this agreement will
survive any termination or expiration of this Agreement.
You agree not to assign your rights under this Agreement without
the consent of an authorized representative of Cerbotech Education Pvt Ltd in a
non-electronic record, and any assignment without Cerbotech Education Pvt Ltd’s
consent will be voidable at Cerbotech Education Pvt Ltd’s option. This
Agreement will inure to the benefit of and bind the parties’ respective
successors and permitted assigns.
17. Applicable Law and Disputes
This Agreement is governed by the laws of the Inidan laws act,
without regard to principles of conflict of laws.
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator in the following
location: Ahmedabad, India. If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute to
binding arbitration at the following location:Ahmedabad,India.
Cerbotech Education Pvt Ltd may change the provisions of
this Agreement. When Cerbotech Education Pvt Ltd changes the terms of this
Agreement, Cerbotech Education Pvt Ltd will notify you by email or online
postings on this Site. The changes will also appear in this document, which you
can access any time. You already agreed to be bound by the changes when you
first subscribed to the site. If you do not agree to be bound by the changes,
you should not use the Site again and you should cancel your subscription to
the Site. Even if you have not clicked on the “I Agree” button or checked the I
agree box when subscribing, if you use the Site after you have been notified of
a change to this Agreement, you are agreeing now to be bound by that change.
19. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its subject matter
and supersedes all prior and contemporaneous communications between the
parties. No term of this Agreement may be waived by Cerbotech Education
Pvt Ltd except in a signed, non-electronic writing signed by an authorized
representative of Cerbotech Education Pvt Ltd.
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties agree that its remaining
provisions will remain in full force and effect, provided that the allocation
of risks described herein is given effect to the fullest extent possible. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. You agree that no
joint venture, partnership, employment or agency relationship exists between
you and Cerbotech Education Pvt Ltd or its affiliates as a result of this
Agreement or your use of the Site.