Terms of Service
Definitions, Restrictions and Statements
The content, applications, e-learning courses, edutainment and games included in this website, www.brainspool.com, is developed and published by Actum Ventures Limited (hereinafter “AVL”), a limited company established in the United Kingdom pursuant to the Companies Act (1986), Registered in England and Wales (Reg. No. 5840967). All Intellectual Property Rights are owned by AVL and its licensors.
Once the visitor (hereinafter “You”) of the www.brainspool.com website makes use of the website content and /or any other information exchange media, made available by AVL (collectively the “Online Service”) and any Products You order via the Online Service is governed by these Terms of Service (“Terms of Service”).
BY ACCESSING THE Online Service AND/OR USING IT YOU UNRESERVEDLY AND DEFINITELY ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS AND/ OR USE THE Online Service.
AVL does not sell products for purchase by children. We sell children's products for purchase by adults. If You are under 18 years of age, or in any event a minor in your country of residence, please ask Your legal guardian to complete your registration to the Online Service for you.
AVL also sells certain products through Apple’s iTunes/AppStore and/or through GooglePlay (fmr. Android Market) (hereinafter the “Platforms”). The sale of AVL products through the Platforms are also subject to the terms and conditions stipulated by the Platforms as it applies to the purchase by You and use on your mobile equipment. The terms and conditions of the Platforms will override and supersede the present Terms of Service only in the event and to the extent they are contradictory. If there is no contradiction or if some aspect is not covered by the terms and conditions of the Platforms, the present Terms of Service shall be in full force and effect.
Subject to Your acceptance of and compliance with these Terms of Service, AVL grants You a personal, limited, non-exclusive, revocable and non-transferable license to use the Online Service solely as for Your personal and non-commercial purposes as set forth in these Terms of Service.
Use of the Online Service
AVL has the exclusive and inalienable right to provide the Online Service as it deems appropriate including the right to amend the Online Service. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense. AVL aims to notify You of any substantial changes that materially affect the use of the Online Service a reasonable time in advance.
AVL may suspend the Online Service where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. AVL aims to ensure that the suspension is as short as possible. AVL has the right to terminate the Online Service at its sole discretion. Should any suspensions or termination of the Online Service occur, AVL aims to reasonably notify You of such occurrences beforehand.
You agree to use the Online Service in a manner that does not cause harm to AVL, or to other users, or to any third parties. AVL reserves the right to terminate or restrict Your access to the Online Service without prior notice if You violate these Terms of Service or if You abuse the Online Service or load the Online Service to an unusual extent. AVL is entitled to prevent access to the Online Service if it has reason to believe that You are engaged in illegal activity or compromise other users' or AVL's data security or privacy.
AVL may use subcontractors to fulfill its obligations pertaining to the Online Service and/or these Terms of Service.
By using the Online Service You may purchase certain products, including but not limited to games, applications, e-learning courses, edutainment products, as well as any other products or services available by AVL (“Products”). The sale becomes binding between You and AVL when AVL receives Your payment. Certain Products may be in a digital form. Please note that any such Products may be subject to separate licensing terms and conditions than those set forth herein. Further, digital Products are not subject to the right of withdrawal as specified below.
Information on Product delivery times and other Product information is specified in the Online Service web site. AVL takes commercially reasonable efforts to provide You with Product information that is as accurate as possible. AVL does not however warrant that the Product information or other content on the Online Service is accurate, reliable, complete or error-free. Should a Product offered by AVL itself appear to be contrary to the Product information provided by AVL, Your sole remedy is to return the Product(s) in unused condition as set forth below.
Should You wish to receive a printout of an order You have placed, this can be done by printing out the order confirmation You receive from PayPal after You have placed Your order. This confirmation will be sent to You by e-mail from PayPal after You have completed the order process by clicking on "Complete my Purchase" (or an equivalent) and once your payment information has successfully been processed. If you have problems obtaining a receipt for your order, please contact us.
Digital Products are not subject to right of withdrawal
All Products available in the Online Service are in a digital form. Please note that any such Products are not subject to any withdrawal, notwithstanding anything to the contrary claimed or implied by anyone. The delivery of the Product(s) in question has in accordance with Your consent electronically commenced before the end of the withdrawal period and You have been informed of the nonexistence of the right of withdrawal for computer software.
The prices in force from time to time are specified in connection with each Product. The prices are subject to public charges determined by the authorities, including value added tax (VAT) pursuant to the legislation in force from time to time. Public charges may be added to the prices in check out and update when buyer’s location is selected. Please note that the public charges may vary depending on the buyer’s location. Payment for such public charges will be effected at the time of purchase using the available payment methods. Please note that AVL is not responsible for such charges.
The payment interface uses PayPal’s secure server with digital certificates (https://) and Your payment information is fully encrypted during the checkout process.
Intellectual Property Rights and Feedback
AVL (or its licensors) shall own all rights, title and interest in and to the Online Service as well as any material in or provided through the Online Service, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (“Intellectual Property Rights”). You shall not receive or claim to have received any ownership rights by using the Online Service.
In connection with Your use of the Online Service You may provide AVL with suggestions, ideas, reviews, comments, questions or other information and/or material regarding the Online Service (“Feedback”). After providing the Feedback to AVL You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant AVL and its partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to AVL, without charge, the right to commercialize Your Feedback in any way and for any purpose. AVL has no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.
You agree not to provide AVL with Feedback that is subject to a third party license that requires AVL to license the Online Service or the material contained therein to third parties because AVL includes Your Feedback in the Online Service. Further, AVL does not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by AVL. Any Feedback that You submit to AVL will be deemed non-confidential or non-proprietary, unless AVL has specifically stated otherwise.
You shall be liable and agree to indemnify AVL and third parties for and against all damages, which are caused by Your unlawful behavior or Your breach of these Terms of Service.
Links to Third Party Sites
The Online Service may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). AVL shall not be responsible for the content or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of service and/or privacy policies, the contents of which AVL recommends You to review.
A force majeure event shall discharge AVL from its obligations with respect to the Online Service in the event that the said force majeure event prevents or unreasonably impedes the performance pertaining to the Online Service. Examples of force majeure include fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, including but not limited to third-party remote computer storage services (cloud storage) or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance. AVL shall seek to announce force majeure through the Online Service immediately whenever such announcement is possible.
Amendments and Termination
AVL has the right to amend these Terms of Service by notifying You of such amendments reasonably in advance. AVL delivers the amended Terms of Service to You via the Online Service or some other suitable means at its discretion. Your continued use of the Online Service after receiving the notification regarding such amendments shall be deemed as Your acceptance of the amended Terms of Service.
In case You object the entry into force of the amended Terms of Service and if You and AVL do not agree otherwise in writing, Your right to use the Online Service shall terminate on the date the amended Terms of Service enter into force.
AVL may also at its discretion notify You of amendments and make the amended Terms of Service available without prior notice upon the next time You access the Online Service and make it conditional for continued use of the Online Service for You to specifically accept the amended Terms of Service (for example by clicking “Accept”). However, should You choose not to accept the amended Terms of Service made available to You in accordance with this paragraph Your right to use the Online Service shall terminate immediately.
If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.
Limitation of liability
The Online Service is provided on an “AS IS” basis without any warranties of any kind, express or implied. AVL does not warrant that the Online Service will function without interruptions or error-free. AVL shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the Online Service nor for the content or other features of the products or services offered on or conveyed through the Online Service. Further, AVL shall not be liable for the content in the Online Service, including without limitation the data or any other information exchange media on or connected with the Online Service.
AVL will be responsible for any losses You suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both You and us when You commenced using the website, or a contract for the sale of goods or services by us to You was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and us when You commenced using the website or when a contract for the sale of goods or services by us to You was formed.
AVL shall only be held liable for gross negligence or breach of the present Terms and Conditions or willful misconduct. AVL shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Online Service. AVL is not liable for direct or indirect or consequential damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, AVL disclaims any liability for direct or indirect damages caused to You by harmful programs (viruses, worms or the like) or incorrect content in the Online Service. AVL bears no liability for damages caused by You or by a third party.
AVL’ maximum liability for direct damages caused to You or Your property is at all times limited to the amount paid by You for the Product(s) You have ordered via the Online Service that gave reasons for the claim. AVL is never liable for any indirect or consequential or unforeseeable damages caused to You at any given circumstances.
Should any of the Terms of Service suffer invalidity in any jurisdiction worldwide, the remaining Terms of Service shall be deemed, construed and treated as being in full force and effect.
Applicable law and settlement of disputes
These Terms of Service and the contractual relation related thereto shall be governed by the laws of England. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in the District Court of London, England as the first instance.
Data Controlling Entity
Actum Ventures Limited
The Brainspool Project
Address: Hartfield Place, 40-44 High Street, Northwood, Middlesex HA6 1BN, United Kingdom
Attn: Spyridon Papageorgiou
Should You have any questions relating to the present Terms and Conditions, please contact us.