Terms & Condition

Background

This webpage sets out the Terms and Conditions of Use (Terms) under which we supply any of the online educational products, programs and software (Programs) available via our website at www.brainbytes.org (Website).
Please read these Terms carefully before entering our Website or before ordering any Programs via our Website. By entering this Website or ordering any of our Programs, you agree to be bound by these Terms.

Parties

This Website is owned and operated by Brain Bytes Sdn Bhd ROC NUMBER 6667264H (Brain Bytes). The Website is made available to you for your use on the condition that you agree to these Terms. References to ‘us’, ‘we’ and ‘our’ mean Brain Bytes Sdn Bhd. References to ‘you’ and ‘your’ mean you, the user of the Website. The Terms constitute the entire agreement between Brain Bytes and you concerning the Website.

Services

Brain Bytes will provide you with access only to the Programs to which you are subscribed.

When you subscribe to any of the Programs, you will receive a user account. Additional users may be added at the prices and according to the payment terms set out on the Website. There is no limit to the number of users that can be added to your account.

We grant to you and the subscribed users of your account a personal, non-exclusive, and non-transferable license to use the Programs for the term of the subscription.

Password

We will give you a password to access, via the Website, the Programs to which you are subscribed. You must keep that password confidential and not disclose it to any other person or permit any other person to use that password, except you and the subscribed users of your account.

Termination of Service

Without prior notice to you and in its absolute discretion, Brain Bytes reserves the right to:

vary or discontinue the website or any page of the Website at any time; and
terminate your access to part or all of the Website at any time.

We reserve the right to terminate immediately your access to the Website and the Services if you, your business or any of your employees or agents:

operate or are involved with any illegal activities;
misuse the Programs or the Website in any manner, as determined by us acting reasonably;
provide your ID and password to persons that are not subscribed to the Programs in order for them to access the Programs using your account; or
fail to pay an amount currently owing to us in respect of the provision of the Programs.

The subscription fee paid by you is not refundable in the event of termination of your access for any of the reasons set out above.

We are not liable to you for any loss, damage, cost or expense you may suffer if we exercise any of these rights.

Changes to the Terms

We reserve the right to vary the Terms from time to time. Amended Terms come into effect from the time they are posted on the Website. You should review this page regularly to ensure that you are aware of any changes to the Terms.

Disclaimer

The Website and the Programs are provided to you by us ‘as is’. To the fullest extent permitted by law, we exclude any and all warranties (whether express or implied) relating to the Website and the Programs including, but not limited to, warranties concerning:

the Website meeting your particular interests and requirements;
the material on the Website being accurate, complete or reliable;
the Website and the server being available and free of defects;
the Website and the server being free of technical problems or viruses; and
the confidentiality of information transmitted to or from the Website.

Limitation of liability

To the fullest extent permitted by law, we exclude any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred including, but not limited to, any loss, damage, cost or expense that results from:

your use or misuse of the Website or any material on the Website;
your inability to access or use the Website or any material on the Website;
the loss or modification of information or material transmitted to or from the Website;
the loss of confidentiality in any information or material transmitted to or from the Website;
any defect, technical problem or virus attached to or arising from the Website or the server;
the use or misuse of the Website or any material on the Website by other users or the conduct of other users on or through the Website; and
any injury or illness you or any other person sustains as a result of the use of the Website.

If we breach these Terms or any term, condition or warranty which is implied by law and cannot be lawfully excluded, our liability for that breach is limited to, at our election:

the re-supply of the relevant Program(s); or
the payment to you of the cost of having the relevant Program(s) supplied again.

Indemnity

You indemnify us, our related bodies corporate, associated entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the Website.

Governing law

These Terms will be governed by and construed in accordance with the courts of Kuala Lumpur, Malaysia. You submit to the non-exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

Severance of clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

Copyright in Website material

With the exception of your personal data, all of the material on and in relation to the Website and the Programs is and remains our property at all times. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the Website or the Programs except for your own private use. Any other use of the Website material or Programs constitutes a breach of our copyright and other proprietary rights.

Intellectual property

We are the owner or authorised user of all intellectual property in and associated with the Website and the Programs and any improvements and modifications thereto. We are also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the Website and the Programs.

Nothing contained in these Terms or the Website should be construed as giving you any right or title to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the Website, the Programs and Brain Bytes.

Information and materials you send to us

If you provide us with any ideas, suggestions, information or other material in relation to us or our products or services or this Website, you agree that we may use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our Privacy Policy.

Restricted use

You are solely responsible for any material you post or transmit to this Website. You must not use this Website to post or transmit:

any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standards or codes; or

any unlawful, threatening, defamatory, obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

We reserve the right in our absolute discretion and without any liability to you whatsoever to remove any material from the Website posted or transmitted by you that is, in our sole opinions, in breach of these Terms.

Safeguarding your information

We take the privacy of your information seriously and we take all reasonable steps to ensure that the information remains confidential from other users of the Website and third parties. We have security in place to protect your personal and confidential information over the Internet. However, we are not liable for any direct or indirect loss, damage, cost or expense, however or wherever incurred, resulting from the loss of confidentiality of any information.

Prices

All references to $, RM, Ringgit Malaysia and dollars on the Website are to Malaysian currency. All prices were current at the time of publication on the Website.

Advertising

The Website may include advertisements concerning goods or services provided by third parties. These advertisements are not recommendations or endorsements by us of the relevant goods or services. We do not control the content of and we are not responsible for the advertisements. We are not liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the Website. Any concerns you have regarding any advertisement on the Website should be addressed to the third party advertiser.

Third party sites

The Website may contain links to third party websites. These links are not recommendations or endorsements by us and we do not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk. You must not link your website to this Website without our prior consent.