The terms “BrainX” and “we” as used herein refer to BrainX Company Limited. BrainX operates and administers the websites (“Websites”) through which certain commercial services are delivered. The services provided by BrainX via the Websites (“Services”) are accessible through the personal computer delivery channel and the mobile channel.
The terms “you” and “User” as used herein refer to all individuals and / or entities accessing the Services for any reason or any purpose. The term “Contents” is used herein to refer to all or any of, as the case may be, the data, text, button icons, links, HTML codes, trademark, software, music, sound, photographs, graphics, still pictures, series of moving pictures, (whether animated or not), videos, merchandise, products, advertisements, services or any compilation or combination of them and any other contents or materials that may be found on any website or any webpage.
BrainX provides the Services to you, subject to the following Terms and Conditions of Use (“T&C”), which may be updated and revised by us from time to time by posting the revised version at the Websites. Some Services may be subject to additional terms and conditions governing their provision which additional terms will be made known to you upon you expressing your intent to use those services. Those additional terms and conditions are hereby incorporated by reference into the T&C.
You accept and agree to be bound by the T&C upon your using any Services or otherwise accessing the Websites or using any information found therein. If you do not accept the T&C, you may not and should not access the Websites or use the services or information provided thereunder. If you have any questions about the T&C, or about accessing and using the Websites, please contact us at info@brainX.com.hk.
All Services together with any new features that augment or enhance any such services currently offered shall, unless explicitly stated otherwise, be subject to the T&C. You understand and agree that the Services are provided “AS-IS” and that BrainX assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any Services. You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. BrainX shall, accordingly, in no circumstances, be liable for any failure of any Services in whole or in part or for your inability to gain access in whole or in part to such Services due to the delay or failure of any communication networks or any party providing such access.
You may be asked to fill in one or more than one of our registration or application forms (on-line or otherwise) before certain Services become available to you. In filling in those forms, you undertake to (a) provide true, accurate, current and complete personally identifiable information about yourself as required, (b) provide true, accurate, current and complete information about any Contents posted or offered by you through any Websites (“Other Information”) and (c) maintain and promptly update your personally identifiable information and Other Information to keep it true, accurate, current and complete. If you provide any Other Information or personally identifiable information that is untrue, inaccurate, not current or incomplete, or BrainX has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, BrainX has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these T&C before using any of the Services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. BrainX presumes that every User of the Websites has the requisite capacity required for any use of any of the Services and, by using any of the Services, you undertake and warrant to us that you have the requisite capacity. BrainX is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, BrainX reserves the rights as may be available against such Users, or the parents or guardians of such Users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Websites.
Personally identifiable information is subject to our Privacy Policy. Please see our Privacy Policy Statement and Personal Data Collection Statement .
You will receive a password and/or Personal Identification Number (“PIN”) upon completing our on-line registration form. You may request the alteration of your password or PIN (via the Websites or otherwise) if necessary from time to time. You may also receive passwords in respect of digital or electronic certificates issued to you under certain Public Key Infrastructures for effecting on-line transactions. You are responsible for maintaining the confidentiality of the said passwords and PIN, and are fully responsible for all activities that occur under those passwords or PIN. You agree to (a) immediately notify BrainX of any unauthorized use of your passwords or PIN or any other breach of security and (b) ensure that you exit from your passwords or PIN at the end of each visit to the Websites. BrainX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6 or your use of any digital or electronic certificates in connection with the Services.
You acknowledge that the said passwords and PIN are confidential and must not be disclosed to any other person(s) under any circumstances. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to BrainX for all losses and damages thereby caused. You shall take all necessary precautions to maintain the confidentiality of the said passwords and PIN. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorised by you or not) with those passwords and PIN shall constitute and be deemed the use of the Services by you. You shall notify BrainX immediately of any actual or possible unauthorised use of those passwords and PIN and shall confirm the same in writing without delay to BrainX. Until BrainX has received such written confirmation you shall have no claim against BrainX and shall be liable to BrainX for all losses and damages incurred by BrainX in respect of any use of the Services whether authorised by you or not.
You acknowledge and agree that the only duty of BrainX is to verify those passwords and PIN and BrainX shall not be liable in respect of:
You acknowledge that, given the nature of the Internet, we cannot guarantee that any transmission of personally identifiable information, Contents or Other Information under any Services is completely secure. By using or accessing any Services and in consideration of such access and use, you acknowledge that you are satisfied that the security features that we have adopted as set out in our Security Statement are adequate for all your purposes.
You agree to indemnify, defend and hold harmless BrainX, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees against any and all claims, proceedings, damages, injuries, liabilities arising from (a) your acts or inaction in breach of these T&C, (b) your use of any Services or (c) the Contents, Other Information or personally identifiable information you submit, post to or transmit through the Services.
You undertake not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
BrainX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that BrainX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Your correspondence or business dealings with, or participation in promotion of third parties placing advertisements on the Websites or other parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those third parties. You agree that BrainX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Websites.
The Websites may contain links to other sites or pages on the World Wide Web, which are not maintained or controlled by BrainX and for which BrainX is not responsible. When you activate any such links, you leave the Websites and access such sites or pages at your own risk and BrainX shall not be responsible or liable for any Contents, advertising, products, or other materials on or available from such sites or pages. You further acknowledge and agree that BrainX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Contents, goods or services available on or through any such sites or pages.
In respect of the mobile channel, you acknowledge that the designated mobile telecommunication devices made accessible to the Services are able to access only certain Internet addresses, that you can only view documents the formats of which are supported by our designated software and that certain pop-up windows may not be supported and you acknowledge that any alteration, reconfiguration or similar acts done to the relevant mobile telecommunication devices (including the hardware and software contained therein) would result in the alteration of the said design and may cause the Services to be disrupted and/or become inaccessible.
You understand and acknowledge that BrainX is not the manufacturer of the relevant mobile telecommunication devices nor a wireless telecommunication service provider and BrainX shall, in no event, be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from (a) the use or failure to use the Services via the relevant mobile telecommunication device(s); (b) the access or failure to access the mobile channel via the relevant mobile telecommunication device(s); (c) any matters relating to any use of or the failure to use the relevant mobile telecommunication device(s)relating thereto; and (iv) any damage or loss of data to your mobile telecommunication device whether or not caused by the use of the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, BRAINX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONALLY IDENTIFIABLE INFORMATION; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES.
BRAINX’s LIABILITY, IF IT IS SO HELD LIABLE DESPITE THE PROVISIONS HEREIN, TO THE USER IN RELATION TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT OF THE RELEVANT TRANSACTION OR THE DIRECT DAMAGES SUSTAINED, WHICHEVER IS LESS.
BrainX respects copyright law and expects its Users to do the same. Unauthorized copying, distribution, modification and public display of copyrighted works is an infringement of the copyright holders’ rights. As a condition of your use of the Services, you agree that you will not use the Websites to infringe the intellectual property rights of others. BrainX reserves the right to terminate the registration of any User upon notice of any infringement of the copyrights or other intellectual property rights of others in conjunction with use of the Websites. BrainX will investigate any notice it receives in relation to copyright infringement committed by Users of, and involving use of the Websites.
BrainX will respond expeditiously to claims of copyright infringement committed using the Websites that are reported to their “Designated Copyright Agent” identified below. If you are a copyright owner, or authorized to act on behalf of a copyright owner or the owner of any exclusive right under copyright, please report your notice of infringement of such copyright, that you believe is occurring or has occurred on the Websites, by providing the following information and delivering the same, to the Designated Copyright Agent:
All claims of copyright infringement should be delivered to the following “Designated Copyright Agent” of BrainX:
Customer Service Manager BrainX Company Limited Unit 711, Hang Lung Centre 2-20 Paterson Street Causeway Bay, Hong Kong
Email: info@brainx.com.hk
The T&C shall be construed in accordance with, and this agreement is governed by the laws of the Hong Kong Special Administrative Region of the Peoples’ Republic of China (“Hong Kong”), without regard to the conflict of legal provisions thereof. You agree that any claim you might have against BrainX shall be brought before the courts of Hong Kong.
If any one or more of these T&C, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining T&C shall not in any way be impaired.