Terms and Conditions
Version Number: 2
Effective Date: 04/11/2020
By Visiting Our Site and/or Purchasing Something From Us, You Engage in Our “service” and Agree to Be Bound by the Following Terms and Conditions (“terms of Service”, “terms”), Including Those Additional Terms and Conditions and Policies Referenced Herein and/or Available by Hyperlink. These Terms of Service Apply to All Users of the Site, Including Without Limitation Users Who Are Browsers, Vendors, Customers, Merchants, and/ or Contributors of Content.
Please Read These Terms of Service Carefully Before Accessing or Using Our Website. By Accessing or Using Any Part of the Site, You Agree to Be Bound by These Terms of Service. If You Do Not Agree to All the Terms and Conditions of This Agreement, Then You May Not Access the Website or Use Any Services. If These Terms of Service Are Considered an Offer, Acceptance is Expressly Limited to These Terms of Service.
1.1 We Are Brainiq.org Our Company Information is at the End of This Document.
2.1 Here Are Some Definitions Which Are Used in This Document (All Capitalised):
A) “consumer” - an Individual Acting for Purposes Which Are Wholly or Mainly Outside That Person’s Trade, Business, Craft or Profession .
B) “service” – Our Website, the Services We Offer via Our Website and Any Related Software and Services.
C) “user” - Persons or Organisations Using Our Service (Whether or Not Registered With Us.
3. What This is All About – Introduction to Our Terms and Conditions
3.1 These Are Our Terms and Conditions Which Apply to Our Service. We’ve Tried to Make Them User-friendly. Please Read Them Carefully and Save a Copy as We Don’t File a Copy Specifically for the Transaction With You. They’re Available in English Only.
4.changes to the Terms and Conditions
4.1 We May Change These Terms and Conditions by Posting the New Version on Our Website. Please Check Our Website From Time to Time. The New Version Will Apply if You Make a New Order Following the Effective Date Shown.
5.how You Order - and Forming a Contract With Us
5.1 Your Order is an Offer to Enter a Legal Contract With Us.
5.2 You Place Your Order by Using the Ordering Process on Our Site. This Involves Sending Your Order to Us by Clicking on the “pay Now” or Equivalent Button. You Can Check and Amend Any Errors Before Making an Order by Using the Change Function and/or the Internet Browser Back Button.
6.We Accept Your Offer and There is a Binding Legal Contract When We Send You a Confirmation Email.
7 Accuracy, Completeness and Timeliness of Information
We Are Not Responsible if Information Made Available on This Site is Not Accurate, Complete or Current. The Material on This Site is Provided for General Information Only and Should Not Be Relied Upon or Used as the Sole Basis for Making Decisions Without Consulting Primary, More Accurate, More Complete or More Timely Sources of Information. Any Reliance on the Material on This Site is at Your Own Risk.
The Website Contains Tests That Aim to Measure Cognitive Skills. By Using These Tests You Agree That They Are Provided for Public Use With No Guarantee of Validity or Accuracy of the Results, and Are Not to Be Interpreted as Diagnostic or Indicative of Any Illness or Disability. If You Do Have Any Concerns About Your Results After Taking One of the Tests, Consult Your Gp for Professional Advice.
This Site May Contain Certain Historical Information. Historical Information, Necessarily, is Not Current and is Provided for Your Reference Only. We Reserve the Right to Modify the Contents of This Site at Any Time, but We Have No Obligation to Update Any Information on Our Site. You Agree That It is Your Responsibility to Monitor Changes to Our Site.
7.11 Disclaimer of Warranties; Limitation of Liability
We Do Not Guarantee, Represent or Warrant That Your Use of Our Service Will Be Uninterrupted, Timely, Secure or Error-free.
We Do Not Warrant That the Results That May Be Obtained From the Use of the Service Will Be Accurate or Reliable.
You Agree That From Time to Time We May Remove the Service for Indefinite Periods of Time or Cancel the Service at Any Time, Without Notice to You.
You Expressly Agree That Your Use of, or Inability to Use, the Service is at Your Sole Risk. The Service and All Products and Services Delivered to You Through the Service Are (Except as Expressly Stated by Us) Provided ‘as is’ and ‘as Available’ for Your Use, Without Any Representation, Warranties or Conditions of Any Kind, Either Express or Implied, Including All Implied Warranties or Conditions of Merchantability, Merchantable Quality, Fitness for a Particular Purpose, Durability, Title, and Non-infringement.
In No Case Shall Brainiq, Our Directors, Officers, Employees, Affiliates, Agents, Contractors, Interns, Suppliers, Service Providers or Licensors Be Liable for Any Injury, Loss, Claim, or Any Direct, Indirect, Incidental, Punitive, Special, or Consequential Damages of Any Kind, Including, Without Limitation Lost Profits, Lost Revenue, Lost Savings, Loss of Data, Replacement Costs, or Any Similar Damages, Whether Based in Contract, Tort (Including Negligence), Strict Liability or Otherwise, Arising From Your Use of Any of the Service or Any Products Procured Using the Service, or for Any Other Claim Related in Any Way to Your Use of the Service or Any Product, Including, but Not Limited to, Any Errors or Omissions in Any Content, or Any Loss or Damage of Any Kind Incurred as a Result of the Use of the Service or Any Content (or Product) Posted, Transmitted, or Otherwise Made Available via the Service, Even if Advised of Their Possibility. Because Some States or Jurisdictions Do Not Allow the Exclusion or the Limitation of Liability for Consequential or Incidental Damages, in Such States or Jurisdictions, Our Liability Shall Be Limited to the Maximum Extent Permitted by Law.
Brainiq is Not a Medical Service and is Not to Be Used for the Purpose of Seeking Any Form of Medical Advice, and Brainiq.org is Not Providing, Medical Treatment or Advice.
8. Acceptable Use of Our Service
8.1 You Agree Not to Do Any of the Following in Connection With the Service:
A) Breach Any Applicable Law, Regulation or Code of Conduct;
B) Provide Us With Any Information Which Includes Someone Else’s Personal Information Unless That Person is 18 Years or Over and You Have Obtained That Person’s Explicit Written Consent or You Are the Parent/guardian of Such Person;
C) Use the Service to Provide a Similar Service to Third Parties or Otherwise With a View to Competing With Us;
D) Use the Service for Junk Mail, Spam, Pyramid or Similar or Fraudulent Schemes;
E) Do Anything Which May Have the Effect of Disrupting the Service Including Denial of Service Attacks, Worms, Viruses, Software Bombs or Mass Mailings;
F) Do Anything Which May Negatively Affect Other Users’ Enjoyment of the Service;
G) Gain Unauthorised Access to Any Part of the Service or Equipment Used to Provide the Service;
H) Intercept or Modify Communications to or From the Service;
I) Circumvent Any Security or Other Features of the Service Including Features That Restrict Use or Copying of Content; or
J) Attempt, Encourage or Assist Any of the Above.
9. Disclosure of Information
9.1 We Reserve the Right Without Notice or Refund to Disclose to the Police or Other Relevant Authorities or to a Complainant Any Information if It is the Subject of Complaint or Where We Have Reason to Believe That It Breaches Our Terms and Conditions, or That Such Steps Are Necessary to Protect Us or Others, or That a Criminal Offence May Have Been Committed, or Where Required by Law or Where Requested by the Police or Other Appropriate Authorities.
10.1 if We Ourselves Provide Any Guidance or Other General Information on Our Service, We Do Not Guarantee That It is Accurate or Up to Date and We Do Not Accept Legal Responsibility for It. Before Acting on Such Information, You Must Make Your Own Appropriate and Careful Enquiries Including as to Its Accuracy and Suitability for Your Purposes. You Rely on Such Information at Your Own Risk.
11. Other Peoples’ Services / Advertising / Websites
11.1 We May Display Other Peoples’ Services, Advertising and /or Links to Other Websites. We Do Not Recommend or Endorse, Nor Are We Legally Responsible for, Any of These. You Use Them at Your Own Risk.
12. Your Account
12.1 Unless Otherwise Specifically Stated on Our Service, Any Account Which We Allow You to Create on Our Service is for Your Personal Use Only and is Non-transferable. You Must Not Authorise or Permit Any Other Person to Use Your Account. You Must Take Reasonable Care to Protect and Keep Confidential Your Password and Other Account or Identity Information. You Must Notify Us Immediately of Any Apparent Breach of Security Such as Loss, Theft, Misuse or Unauthorised Disclosure or Use of a Password. You Are Responsible for Third Parties Who Use Your Account or Identity (Unless and to the Extent That We Are at Fault).
13.1 All Payments Must Be Made in Advance via the Means We Specify. The Prices Shown on Our Website Include Any Applicable Vat or Taxes. Nb as Explained on Our Website, the Price Shown Includes Both the Official Fee and Our Separate Service Fee.
14. Functioning of Our Service
14.1 We Do Not Guarantee That the Service Will Be Uninterrupted or Error-free.
14.2 We Are Entitled, Without Notice and Without Liability (a) to Suspend the Service for Repair, Maintenance, Improvement or Other Technical Reason and (B) to Make Changes to the Service.
14.3 You Acknowledge That Technology is Not Always Secure and You Accept the Risks Inherent in Use of the Internet or Other Technology for the Purpose of the Service.
15. Ending or Suspending This Contract
15.1 We Are Entitled at Any Time to End This Contract or Suspend Part or All of Our Service or Impose Restrictions on Our Service if:
A) You Break the Contract;
B) Any Fees Payable by You Are Unpaid / Unjustifiably Charged Back;
C) Acting Reasonably, We Think That It is Necessary to Protect Us or Others;
D) We Are Required to Do So by Applicable Law or Regulation or to Comply With an Order, Instruction or Request From a Competent Authority; or
E) You or Anyone on Your Behalf Acts Inappropriately Towards Our Staff.
16. Restrictions on Our Legal Responsibility – Very Important
16.1 Nothing in This Agreement in Any Way Limits or Excludes Our Liability for Negligence Causing Death or Personal Injury or for Fraud or Fraudulent Misrepresentation or for Anything Which May Not Legally Be Excluded or Limited. in This Section, Any Reference to Us Includes Our Employees and Agents , Who Have the Right to Enforce This Agreement .
16.2 if You Are a Consumer, We Shall Not Be Liable for Any Loss or Damage Where:
A) There is No Breach of a Legal Duty Owed to You by Us;
B) Such Loss or Damage Was Not Reasonably Foreseeable (Meaning It Was Not an Obvious Consequence of Our Breach or Not Contemplated by You and Us at the Time We Entered Into This Contract);
C) (and to the Extent That) Such Loss or Damage is Your Fault, for Example by Not Complying With This Agreement; or
D) Such Loss or Damage Relates to a Business of Yours.
16.3 if You Are a Consumer, You Will Be Liable for Any Reasonably Foreseeable Loss or Damage We Suffer Including Claims Made by Other People Arising From Your Breach of This Agreement or Misuse of Our Service (Subject of Course to Our Obligation to Mitigate Any Losses).
16.4 the Following Clauses Apply Only if You Are Not a Consumer:
A) Our Total Aggregate Liability of Any Kind (Including Our Own Negligence) is Limited to the Total Fees Paid by You to Us in Connection With Our Service.
B) in No Event (Including Our Own Negligence) Will We Be Liable for Any:
Economic Losses (Including, Without Limit, Loss of Revenues, Profits, Contracts, Business or Anticipated Savings);
Loss of Goodwill or Reputation;
Special, Indirect or Consequential Losses; or
Damage to or Loss of Data
(Even if We Have Been Advised of the Possibility of Such Losses). C) You Will Indemnify Us Against All Claims and Liabilities Directly or Indirectly Related to Your Use of the Service and/or Breach of This Agreement. D) to the Extent Allowed by Law, You and We Exclude All Terms, Whether Imposed by Statute or by Law or Otherwise, That Are Not Expressly Stated in This Agreement.
E) This Agreement Constitutes the Entire Agreement Between Us With Respect to Its Subject Matter and Supercedes Any Previous Communications or Agreements Between Us. We Both Acknowledge That There Have Been No Misrepresentations and That Neither of Us Has Relied on Any Pre-contractual Statements. Liability for Misrepresentation (Excluding Fraudulent Misrepresentation) Relating to the Terms of This Agreement is Excluded.
17. Intellectual Property Rights
17.1 the Intellectual Property Rights in All Material Used on or in Connection With Our Service Are Owned by Us or by Our Partners. For Your Personal Use Only, You May View Such Material on Your Device. You Must Not Otherwise Use Such Material Including Copying, Publishing, Selling or Adapting It or Taking Extracts From It Without Our Specific Prior Written Consent. You Must Not Misrepresent the Ownership or Source of Such Material, for Example by Changing or Removing Any Legal Notices or Author Attributions.
17.2 Just to Be Clear - You Must Not Collect, Scrape, Harvest, Frame or Deep-link to Any Content on Our Service Without Our Specific Prior Written Consent.
18.1 You Acknowledge and Agree That We May Process Your Personal Information in Accordance With the Terms of Our Privacy and Cookies Policy Which is Subject to Change From Time to Time.
19. Events Outside Our Control
19.1 We Are Not Liable for Failure to Perform or Delay in Performing Any Obligation Under This Agreement if the Failure or Delay is Caused by Any Circumstances Beyond Our Reasonable Control Including Third Party Telecommunication Failures and Epidemics/pandemics.
20.1 We May Transfer All or Part of Our Rights or Duties Under This Agreement Provided We Take Reasonable Steps to Ensure That Your Rights Under This Agreement Are Not Prejudiced. As This Agreement is Personal to You, You May Not Transfer Any of Your Rights or Duties Under It Without Our Prior Written Consent.
21. English Law
21.1 This Contract is Under English Law and Any Disputes Will Be Decided Only by the Courts of the United Kingdom. if You Are a Consumer, You Will Benefit From Any Mandatory Provisions of the Law of the Country in Which You Are Resident. Nothing in These Terms and Conditions Affects Your Rights as a Consumer to Rely on Such Mandatory Provisions of Local Law. You May Be Entitled to Use an Eu Online Dispute Resolution Service to Assist With Any Contractual Dispute You May Have With Us. This Service Can Be Found at Http://ec.europa.eu/consumers/odr/. Our Email Address is at the End of This Document.
22. General but Important Stuff
22.1 We May Send All Notices Under This Agreement by Email to the Most Recent Email Address You Have Supplied to Us. You Can Send Notices to Our Email Address Shown Below. Headings Used in This Agreement Are for Information and Not Binding. If Any Part of This Agreement is Ineffective or Unenforceable for Any Reason, the Rest of the Agreement Shall Continue to Apply. If Either of Us Overlooks Any Breach of This Agreement by the Other, It Can Still Be Actioned Later. a Person Who is Not a Party to This Agreement Shall Have No Rights to Enforce This Agreement Except Insofar as Stated Otherwise. the Parties Are Independent Contractors and, Except as Otherwise Specifically Stated Above, Nothing in This Agreement Make Any Party as Agent, Employee or Representative of the Other.
23.1 if You Have Any Complaints, Please Contact Us via the Contact Details Shown Below.
24. Company Name: Brainiq
24.1 Contact Email Address: Support@brainiq.org