Terms and Conditions

These terms and conditions govern your use of our website («https://brainiegroup.com»). By using this website, you explicitly agree to the following terms and conditions.If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Brainies’s use of cookies in accordance with the terms of Brainies’s privacy policy.

License to use website

Unless otherwise stated, Brainiegroup GmbH («Brainie») and/or its licensors own the intellectual property rights of the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, subject to the restrictions set out below.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from this website;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

We may, at our own discretion, disable any account should an account’s usage be significantly in excess of average usage patterns to the extent that it adversely affects the speed, functionality, stability or availability of the services for other users (as determined by us). Our platform partner FlexiQuiz on behalf of Brainie will attempt to notify you of any excessive or abusive usage to give you an opportunity to reduce such usage to a level acceptable to Brainie.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not use this website to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of this website is restricted. Brainie reserves the right to restrict access to other areas of this website, or indeed this entire website, at Brainie’s discretion.

If Brainie provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Brainie may disable your user ID and password in Brainie’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Brainie or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Brainie reserves the right to edit or remove any material submitted to this website, or stored on Brainie’s servers, or hosted or published upon this website.

Notwithstanding Brainie’s rights under these terms and conditions in relation to user content, Brainie does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Brainie makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Brainie does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

Brainie will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Brainie has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Brainie’s liability in respect of any:

• fraud or fraudulent misrepresentation on the part of Brainie; or
• matter which it would be illegal or unlawful for Brainie to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Brainie has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Brainie’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Brainie’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Brainie.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Brainie and undertake to keep Brainie indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Brainie to a third party in settlement of a claim or dispute on the advice of Brainie’s legal advisers) incurred or suffered by Brainie arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Fee-based subscriptions

The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. Unless otherwise indicated all prices are in US dollars (USD). You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you B not wish to pay the new price.

When you purchase a Subscription to Brainie and/or FlexiQuiz, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to Brainie and/or FlexiQuiz and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

Upon conclusion of the contract with Brainie, you are entitled to access the learning content of Brainie for a period of six months. After these six months, Brainie will automatically delete your access. You do not need to terminate the contract, as it ends automatically after six months.

There are no refunds.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

The withdrawal is to be addressed to us:

Brainiegroup GmbH
Forren 1147
CH-9056 Gais
info@brainiegroup.com

Model withdrawal form

To Brainiegroup GmbH, Forren 1147, CH-9056 Gais, info@brainiegroup.com

I hereby give notice that I withdraw from my contract of sale of the following goods / for the provision of the following service

Ordered on [DATE].

Name of consumer

Address of consumer

Signature of consumer (only if this form is notified on paper)

Date

Breaches of these terms and conditions

Without prejudice to Brainie’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Brainie may take such action as Brainie deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Brainie may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Brainie may transfer, sub-contract or otherwise deal with Brainie’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy and constitute the entire agreement between you and Brainie in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts at Brainie’s registered office in Gais, Switzerland.