Posted as of 1st January 2022
Last updated as of 31st october 2023
Welcome to Neuphony’s Terms of Service
We Pankhtech India Private Limited a Private Limited Company duly incorporated under the Companies Act 2013, have the registered address at “1027 GH 5 & 7 DDA FLATS, PASCHIM VIHAR, WEST DELHI, DELHI, 110087” (hereinafter referred to as “Company”) and are operating business under the brand name “Neuphony” (hereinafter referred to as “Brand Name”). This Terms of Service (hereinafter referred to as “Terms of Service”) is our commitment towards your trust and we intend to facilitate Services (defined later) through our Website. This Terms of Service lays down all the terms and conditions surrounding the usage of our Website https://neuphony.com/ by You.
The act of using, registering, or perusing our Website establishes a contractual agreement between the user and our organization, as outlined in our Terms of Service and other pertinent policies associated with our Website. This agreement serves all contractual, legal, and compliance purposes. The present Terms of Service hold legal validity and are regarded as an electronic record under the Information Technology Act, 2000 and its relevant regulations, as well as the revised provisions concerning electronic records in several statutes, as amended by the Information Technology Act, 2000. The computer system generates this electronic record, obviating the need for any physical or digital signature.
- Definition and Interpretation
- Applicable Laws- pertains to all the legal provisions, regulations, statutes, ordinances, by-laws, and any subsequent amendments that are enforceable within the geographical boundaries of India.
- Content- pertains to all the textual material, advertisements, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
- Third Parties- pertains to all legal entities, whether individual or corporate, that are associated with the Website, with the exception of the Users and the Website’s owners.
- Services- pertains to all the provisions offered to the User through the Website.
- User- refers to individuals who avail the services and experience offered by us.
- Company – for the purposes of this Terms of Service, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Website.
- User- for the purposes of this Terms of Service, wherever the context so requires, “You”, “Your”, “Yourself” and “User”, shall mean and refer to natural and legal individuals who shall be users of this Website provided by Us and who is competent to enter into binding contracts, as per law.
- The headings of each section in these Terms of Service are only for the purpose of organizing the various provisions under these Terms of Service in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website.
- The Parties shall refer and mean the Company and User together, for the purpose of interpretation of terms of this Terms of Service.
- We reserve the sole and exclusive right to amend or modify these Terms of Service without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed Terms of Service.
- Website Overview
Pankhtech India Private Limited is at the forefront of technological innovation, specializing in the development of cutting-edge wearable products that harness EEG (Electroencephalography) technology. Our mission is to revolutionize the way we understand and measure cognitive abilities in individuals. With a commitment to advancing human potential, we have established a range of products and services designed to unlock the full spectrum of human cognitive scores and capabilities.
Who We Are:
Pankhtech India Pvt. Ltd. is a leading player in the field of EEG technology, dedicated to enhancing the human experience through innovation. We are driven by a passion for understanding the human mind and translating that understanding into practical solutions for personal and professional development.
How Our Site Operates:
Our website serves as a gateway to explore our world of EEG technology. It functions as a comprehensive platform where individuals and organizations can not only access information about our products and services but also seamlessly place orders and make inquiries. Whether you’re a curious individual looking to learn more or a business seeking advanced cognitive solutions, our website is your portal to the future of cognitive measurement.
- Services on the Website
At Pankhtech, we offer a diverse range of services, each tailored to meet the unique needs of our customers:
Hardware Products: We have developed two cutting-edge EEG-based hardware products that offer a deep insight into cognitive scores and brain activity.
Desktop Application License: Our desktop application provides access to our proprietary software on a yearly basis, empowering users with in-depth cognitive analytics.
Rental Subscription: For flexibility and affordability, we offer the option to rent our devices through a subscription model, ensuring accessibility to our technology.
Wellness Workshops: We conduct wellness workshops to empower individuals and organizations with the knowledge and tools needed to optimize cognitive health and performance.
Session Bookings: Our website allows users to book 40-60 minute sessions with our products at various centers across India. This hands-on experience enables individuals to witness the power of EEG technology firsthand.
Pankhtech India Pvt. Ltd. is committed to unlocking the limitless potential of the human mind through EEG technology. With a portfolio of products and services, we aim to redefine the way we measure and enhance cognitive abilities. Welcome to the future of cognitive empowerment, where every thought counts, and every potential is limitless.
This Terms of Service is made in accordance with the provisions of the Information and Technology Act, 2000 and the rules therein along with the amendment from time to time. This Terms of Service is published on the Website in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Service and practices for access and usage of any functional Website.
Registration on the Website is mandatory for Users of the Website. The Users can register by providing the following information:
5.2 Mobile Number
5.3 Email ID
The registration process allows for user authentication through one-time password (OTP) verification. You can also sign-up through your Google account. Registration on the Platform is not mandatory.
6.1 The Company retains the prerogative to alter, suspend, or discontinue the Website or any of its components, including features and functionalities, without prior notification, at any given time.
6.2 In the circumstance of any alteration, cessation, or conclusion, the aforementioned Termination Clause shall persist in its applicability.
7.1 You represent and warrant that you are competent and eligible to enter into legally binding agreements and of competent age and that you have the requisite authority to bind yourself/themselves to these Terms of Service as per the Applicable Law. However, if you are a minor using this Website, you may do so with the consent of your legal guardian. All Acts of the minor shall be deemed to be considered as acts undertaken under the supervision of their legal guardian.
7.2 You further represent that you will comply with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations.
7.3 You shall not use the Website if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rules, or regulations, currently in force.
- Payment Gateway
RazorPay and PayPal have been used as third-party payment gateway attached to this platform. The Customers shall be provided with payment-related information through the Platform. No payment-related information like, and not limited to, Credit Card numbers, Debit Card numbers, UPI IDs, Bank Account Details are stored or managed by the Platform and We do not hold any liability towards any liability arising herein.
9.1 All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a Third-Party) without prior written consent from the Company and the copyright owner.
9.2 You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Website and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Website. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
9.3 You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website. You shall not copy, adapt, or modify any Content without written permission from the Company.
- . Indemnity
The User consents to indemnify while preserving Us, along with our directors, officers, employees, and agents (collectively referred to as “Parties”), from any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) that may be asserted against or incurred by Us due to a breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by the User according to these Terms of Service. Moreover, you consent to indemnify the Company from any allegations brought forth by any external party as a result of, or in relation to, the following:
10.1 The manner in which you utilize the Website;
10.2 Your breach of the provisions outlined in these Terms of Service;
10.3 Your infringement upon the rights of other Parties, Users, and/or Third-Party entities;
10.4 Your purported inappropriate behavior in accordance with these Terms of Service; and
10.5 Your actions in relation to the Website.
The User consents to provide complete cooperation in the process of indemnifying the Company, bearing the expenses themselves. It is also expected that you will refrain from reaching a settlement with any other party involved in the matter without obtaining prior consent from the Company.
The Company shall not be held responsible for compensating the User or any third party for any damages, including but not limited to loss of profits, data, or use that may result from the use of the Website’s services or materials. This includes damages that may be considered special, incidental, indirect, consequential, or punitive, regardless of whether they were foreseeable or whether the User had been advised of the possibility of such damages. The Company cannot be held liable based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising from the user’s use of or access to the Website’s services or materials.
- Limitation of Liability
We shall not be deemed responsible for any possible damages, whether direct or indirect, that may arise from the use of the services. Such damages may include any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, data, or other intangible losses, resulting from:
11.1 the ability or inability to use the Website or services;
11.2 unauthorized access or alteration of user data;
11.3 the conduct or content of third parties on the Website;
11.4 errors or omissions in the Website’s content;
11.5 interruptions or cessation of transmission to or from the Website;
11.6 transmission of harmful code such as bugs, viruses, Trojan horses, or other malware.
The limitation of liability is a legal provision that restricts the amount of damages that a party can be held liable for in the event of a breach of contract or other legal claims.
Pankhtech India Private Limited, along with its officers, directors, employees, agents, or affiliates, cannot be held accountable for any damages, liabilities, costs, or losses that may arise from your utilization of our Website or services. This liability exemption applies regardless of whether the damages are based on warranty, contract, tort, or any other legal theory, and even if you were informed of the potential for such damages.
12.1 Termination by User: Users can terminate their account created on our platform by using the account deletion process on the Website or by sending a “request for deletion” mail to (email@example.com).
12.2 Termination by the Company: The Company reserves the right to terminate or suspend the user’s access to the Website, in whole or in part, without prior notice, for any reason including, but not limited to, violation of these terms and conditions or any applicable laws or regulations. In the event of termination by the Company, users will no longer have access to the account and any data associated with it.
12.3 Effect of Termination: Upon termination of your access to the Website, you agree to cease all use of the Website and any related services. The Company shall have no obligation to retain any of your data stored in the Website and may delete such data upon termination.
12.4 Reinstatement of Account: If your access to the Website has been terminated by either party, you may request reinstatement of your account by contacting the Company. The Company reserves the right to accept or reject such reinstatement request in its sole discretion.
The Company reserves the right to modify, suspend, or terminate the Website or any part thereof, including any features or functionalities, at any time without prior notice. In the event of such modification, suspension, or termination, this Termination Clause shall continue to apply.
By using this Website and providing your identity and contact information to the Company through the Website, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.
You can report to “firstname.lastname@example.org” if you find any discrepancy with regard to Website or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
- User obligations and formal undertakings to conduct
You agree and acknowledge that you are a restricted user of this Website and you:
14.1 agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
14.2 agree that you shall be solely responsible for updating the correct information on the Website in the case that any information provided to the Website is changed or altered
14.3 agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
14.4 understand and acknowledge that the data submitted is manually entered into the database of the Website. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the Website;
14.5 authorize the Website to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of service, marketing and promotional purposes, and for optimization of User-related options and service;
14.6 understand and agree that, to the fullest extent permissible by law, the Website or any of its affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website or this Terms of Service, including, but not limited to compensatory, consequential, incidental, indirect, special or punitive damages;
14.7 are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission;
14.8 agree not to access (or attempt to access) the Website and/or the materials or Service by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive Content on the Website.
You further undertake not to:
14.9 engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
14.10 impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
14.11 probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
14.12 disrupt or interfere with the security of, or otherwise cause harm to the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Website;
14.13 use the Website or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other Third-Party(ies);
14.14 violate any code of conduct or guideline which may apply for or to any particular Service offered through the Website;
14.15 violate any applicable laws, rules, or regulations currently in force within or outside India;
14.17 commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of the Website;
14.18 you hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. You further understand that the Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
14.19 you agree to use the Services provided by the Company, our affiliates, consultants and contracted companies, for lawful purposes only;
14.20 you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the service order and debar you from using the Website without prior intimation whatsoever;
14.21 you agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertise any goods or Products. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
14.21.1. belongs to another person and to which you have no right to;
14.21.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
14.21.3. is in any way harmful to minors;
14.21.4. infringes any patent, trademark, copyright or other proprietary rights;
14.21.5. violates any Applicable Law for the time being in force;
14.21.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
14.21.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
14.21.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
14.21.9. publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
14.21.10. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Suspension of User access and activity
Notwithstanding other legal remedies that may be available, we may in our sole discretion, deny access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refusing to the usage of the Website, without being required to provide you with notice or cause:
15.2. if you have provided wrong, inaccurate, incomplete or incorrect information; and
15.3. if your actions may cause any harm, damage or loss to the other Users or the Company, at our sole discretion.
- Intellectual Property Rights
The intellectual property rights, specifically the copyright and trademark, associated with the Neuphony are owned by Pankhtech India Private Limited. The usage of the name without proper authorization is strictly prohibited.
Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms of Service that shall be available on the Website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Website or such other Third-Party and other distinctive brand features of the Website are the property of the Website or the respective copyright or trademark owner. Furthermore, concerning the Website, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
You shall not use any of the Intellectual Property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Website, to be determined in the sole discretion.
You are aware all Intellectual Property, including but not limited to copyrights, relating to said Products and Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the creators.
- Disclaimer of Warranties and Liabilities
17.1. You further agree and undertake that you are accessing the Website at your sole risk and that you are using the best and prudent judgment before availing of any features on the Website or accessing/using any information displayed thereon.
17.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
17.3. We do not guarantee that the features and content contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Website.
- Force Majeure
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
- Dispute Resolution and Jurisdiction
In the event of any dispute arising out of or in connection with this Terms of Service, including any dispute relating to the validity of this Terms of Service, the Parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.
In the event the Parties are unable to resolve any such dispute through mediation within 30 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Delhi, India.
- MISCELLANEOUS PROVISIONS
20.2. Waiver: The failure at any time to require the performance of any provision of these Terms of Service shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Service.
20.3. Severability: If any provision/clause of these Terms of Service is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Service shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Service shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Service shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
20.4. Contact Us: If you have any questions about these Terms of Service, the practices of the Website, or your experience, you can contact us or the Grievance Oofficer by emailing us at (email@example.com) or by writing to usor at “1027 GH 5 & 7 DDA FLATS, PASCHIM VIHAR, WEST DELHI, DELHI, 110087”