Brainiac Media website terms of use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Brainiac Media’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Brainiac Media' or 'us' or 'we' refers to the owner of the website whose registered office is Kingfisher House, Hurstwood Lane, Haywards Heath, England, RH17 7QX. We are a limited company registered in England and Wales under company number 08236951. The term 'you' refers to the user or viewer of our website.

Other applicable terms

Should you wish to purchase any buy now service shown or advertised on our site, the supply of those goods will be subject to the Terms and Conditions of Sale here.

Any custom, enterprise or personalised services that need to be quoted for shall be governed under separate terms and conditions based on the service being quoted for and shall be sent to the client upon acceptance of the quote for work. ?

Changes to these Terms of Use

We may revise these Terms of Use at any time by amending this page. Every time you wish to use our site, please check these Terms of Use to ensure you understand the terms that apply at that time.

Access to our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site at any time without notice. We will not be liable to you if for any reason all or part of our site is unavailable or interrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Any purchase of the Brainiac Media software as a service products on a licence basis shall be governed under the following End User Licence Agreement.

Your account and password

You may access most areas of our site without registering your details with us, but certain areas of our site will only be open to you if you register with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.

We have the right to disable any user identification code, password or account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password or any other piece of information provided as part of our security procedures, you must promptly notify us at customerservices@brainiacmedia.net.

Your use of our site

You may use our site only for lawful purposes. You may not use our site:

1. in any way that breaches any applicable local, national or international law, regulation or code of practice;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. in any way that infringes any intellectual property right or right to privacy; and/or
4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.

You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use. Breach of any of these conditions of use of our site constitutes a material breach of these Terms of Use.

Viruses, hacking and other offences

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Intellectual property rights

All intellectual property rights in our site, and in the material published on it, are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although We make reasonable efforts to update the information on our site, We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability in respect of your use of our site

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in the Terms of Sale which can be found here.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site; and
• We will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation;
• waste of management or office time; or
• any indirect or consequential loss or damage.

The security of communications sent over the internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your internet service provider or any other similar problem. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We have no control over those websites and will not be liable for any loss or damage that may arise from your use of them.

Our rights

If We determine, in our discretion, that there has been a breach of these Terms of Use, We may take such action as We deem appropriate, which may include issuing a warning to you, withdrawing your right to use our site, taking legal proceedings against you and/or disclosing such information to law enforcement authorities as We reasonably feel is necessary.

Linking to our site

You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site. Any other linking to our site is prohibited without our prior written consent. You must not establish a link to our site:

• in a way that is not fair or legal or which damages our reputation or takes advantage of it;
• in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
• in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.

You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact customerservices@brainiacmedia.net.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable law

Please note that these Terms of Use or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by English law. If you are a consumer, your use of our site will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence. If you are a consumer, you and We both agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms of Use or use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence. If you are a business or are using our site for business purposes, you and We both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Contact us

If you wish to contact us in respect of our site, please contact us at customerservices@brainiacmedia.net.

Thank you for visiting our site.