Last updated: April 26, 2017
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
By registering on the Service, you agree that:
- your account and password are personal to you and may not be used by anyone else to access the Service;
- you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Service; and
- you will not create registration accounts for the purpose of abusing the functionality of the Service, or other users; nor will you seek to pass yourself off as another user.
You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service
2. Termination of registration
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Service. Continued use of the Service indicates your continued acceptance of these terms and conditions.
3. Use of material appearing on the Service
Your use of the Service is for your own personal and non-commercial use only. You acknowledge that, as between Brainhackr and you, except for user content and advertisements (as discussed below), Brainhackr is the sole owner of all content on the Service, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Service (“Brainhackr Content”). The Service and the Brainhackr Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.
You may download and print extracts from the Brainhackr Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Brainhackr Content for any other purpose without our prior written approval. Except as expressly authorised by the Brainhackr, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Service.
If you wish to use our content other than as permitted by these terms and conditions, please contact us at email@example.com.
4. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the Brainhackr Content. Nothing in the Brainhackr Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Brainhackr Content or any part of it. You can access other sites via links from the Service. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the Service or the Brainhackr Content. In particular, we do not warrant that the Service or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Service, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing the Service from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.
5. Third party advertising on the Service
You will see advertising material submitted by third parties on the Service. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the Service, please email the user help team at firstname.lastname@example.org, and they will pass your details on to our advertising sales team.
6. User content
Users of our Service may be permitted to submit content for publication in various areas of the Service. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Service.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the Service or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Brainhackr, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Service.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to:
- post content which is deliberately intended to upset or harm other users;
- use the Service to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability;
- post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service or any computer software or hardware or telecommunications equipment;
- upload or otherwise transmit any content, or take any other actions with respect to your use of the Service, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or
- use the Service for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Service may involve:
- transmissions over various networks; and
- changes to content to conform and adapt to technical requirements of connecting networks or devices. Brainhackr assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Service.
If you are under 18, you confirm that you have permission of your parent or Brainhackr to submit content.
Any queries regarding copyright and your content should be directed in the first instance to email@example.com
You may download certain Brainhackr apps (“Apps”) either from Brainhackr Sites or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps.
In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
You may only order products from us by completing and submitting the checkout process on our website. You must provide all required information (including name, email address and payment details) or we may not be able to process your order.
We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) and order submitted by you. If we reject your order (or part of the order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.
Except where specifically stated in relation to a particular product, the prices for the products are stated and payable in Australian dollars (AUD). Any currency conversion will take place online at the rate applicable at the time of purchase.
Where you and us agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of us.
We may vary any prices on the website at any time and without notice to you.
8.3 Taxes and other charges
For Australian addresses GST is not payable on products purchased through BrainHackr unless otherwise stated on the product. All orders will be issued with a standard invoice.
For overseas orders, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You will be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order.
All orders are subject to the availability of products. If for any reason a product is not available, we will endeavour to notify the non-availability on this website. We may revise the range of products or the specification of any product at any time and without notice.
8.5 Cancellation of orders
Where products are listed on our website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.
We may cancel your order any time prior to our order confirmation. Any variation, waiver or cancellation of your order shall have no effect unless accepted in writing by us.
Once we have confirmed acceptance of your order, we will endeavour to dispatch the order within 2 business days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within the time frame specified we will endeavour to contact you and advise of the expected dispatch date.
Any quotations of delivery times by the us are made in good faith but are estimates and we shall not be bound by such quotation and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
You may specify delivery instructions for an order (for example, you may authorise the delivery agent to leave the products in a specified location if you will not be at the delivery address). We will not be responsible for any order that is delivered in accordance with your delivery instructions.
Australian law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.
8.7 Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where you believe that there is a shortage in the quantity of products delivered, you must notify us of any such claim within 7 days of delivery and must provide us with a reasonable opportunity to investigate that claim.
Goods leaving our premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
- Prior to acknowledging delivery to the carrier you must ensure that the complete consignment as per the carrier’s note has been received.
- Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
- Within 7 days of receipt of consignment you must ensure that all goods received are in good order and condition.
No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by us details of any claim should be advised to the us.
8.8 Return of Goods for Credit
Goods supplied in accordance with your order can only be returned with the express approval from us by emailing firstname.lastname@example.org. All returns will be in the form of BrainHackr store credit.
Requests to return goods must be submitted within 30 days from the date of shipping and the original invoice number must be quoted.
Where goods are accepted for credit they must be delivered at your expense into our warehouse in original condition and packaging. Returned products are your responsibility until they reach us. We shall not be responsible for misdirected shipments or products lost or damaged in transit.
8.9 Liability and Maintenance Guarantee
To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to you by us including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
To the maximum extent permitted by law, our liability to you (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to you by us shall be limited to the price paid by you for that product.
To the maximum extent permitted by law, we will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with your access to, use of, or reliance upon, any product or any information supplied to you by us.
In lieu of any warranty, condition, or liability by law, our liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to us, unless otherwise arranged.
At the termination of the appropriate period (ie guarantee period) all liability on our part ceases.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
Our liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that we have no liability to any purchaser of the goods from you in that your rights under the contract are not assignable without the prior written consent of us.
8.10 Ownership and Risk
Ownership of all goods sold by us (“the goods”) is retained by the us until we have received the full price for the products and the applicable delivery charges.
Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), you assume full responsibility for and risk in the products.
You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from us.
8.11 Description of Products
Modifications and improvements to our products, prices and data are constantly being made.
Although we have endeavoured to ensure that the product and pricing information provided on the website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
We also rely on information from our suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on us.
If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
9. Data protection
Brainhackr will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content:
- is or becomes public (other than through breach of these Terms by Brainhackr);
- was lawfully known to Brainhackr before receiving it from you;
- is received by Brainhackr from a third party without knowledge of breach of any obligation owed to you; or
- was independently developed by Brainhackr without reference to your Content.
10. Governing law & jurisdiction
These Terms shall be governed and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the Australian courts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
12. No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Brainhackr.
13. Additional restrictions on user content for US users
In addition to section 6 the terms in Section above, you agree not to use the Service to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
14. DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Service infringes upon your copyrights, you may submit a notification pursuant to Title 19, United States Code, Section 513(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
- identification of the copyrighted work or works claimed to have been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- your contact information including name a address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- your physical or electronic signature;
Brainhackr’s designated copyright agent to receive notifications of claimed infringement is: email@example.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
15. Additional disclaimers
Visitors to the Service agree that their use of the Service is at their own sole risk. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to:
- any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Service; and
- any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Brainhackr also makes no representations and warranties as to any linked sites and Brainhackr has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Service may represent the opinions and judgments of providers or users, such as user content. Brainhackr and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Service by anyone other than authorised Brainhackr employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the Service, including, without limitation, those damages or injuries occurring as a result of:
- any error, omission, deletion, or defect in the content available on the Service; or
- any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Brainhackr does not warrant or guarantee that access to the Service will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
16. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL BRAINHACKR OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE GOODS OR SERVICES, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE Service. THE EXCLUSION OF LIABILITY IN THIS SECTION 19 APPLIES EVEN IF BRAINHACKR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, BRAINHACKR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING BRAINHACKR’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
17. Exclusion of warranties (for Australian users)
The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by Brainhackr of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4 and 16 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would:
- contravene the relevant statute; or
- cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).
Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on Brainhackr are expressly excluded under these terms and conditions.
18. Non-Excludable Obligations (for Australian users)
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), Brainhackr’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to:
- in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and
- in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
19. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Service. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Service after it has been posted.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org