Terms of Use

Terms and Conditions of Use

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments hereto, "TERMS AND CONDITIONS"). BY USING THIS WEBSITE YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR BRAINY GIRL'S PRODUCTS AND SERVICES.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE BRAINY GIRL’S PRODUCTS OR SERVICES.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site(s). The Terms and Conditions displayed on the Site(s) at the time the order is accepted will apply to the order.

Welcome to the Web site(s) of BRAINY GIRL. These Terms and Conditions govern and apply to your ("you" or "your") access to and use of the Site(s) and their related domains on which these Terms and Conditions appear, any order you place through any of the Site(s), an—as applicable—your use of other products or services of Brainy Girl. You must read these Terms and Conditions carefully before placing an order or using the Site(s). By using the Site(s), and/or placing an order through the Site(s), you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site(s). The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site(s) and/or other products or services of Brainy Girl after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to and use of the Site(s), any order you place through any of the Site(s), and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Brainy Girl for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site(s).

User Conduct

You must only use the Site(s) for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site(s). You may not without our prior written consent:

reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
include such content in or with any product or service that you create or distribute;
copy such content onto your or any other Web site or publication;
not to disrupt or interfere with the security of, or otherwise abuse, the Site(s), or any services, system resources, accounts, servers, or networks connected to or accessible through the Site(s) or affiliated or linked site(s);
not to disrupt or interfere with any other user's enjoyment of the Site(s) or affiliated or linked Web site(s);
not to upload, post, or otherwise transmit through or on the Site(s) any viruses or other harmful, disruptive, or destructive files;
not to use, frame, or utilize framing techniques to enclose any Brainy Girl's trademark, logo, or other proprietary information (including the images found at the Site(s), the content of any text, or the layout/design of any page or form contained on a page) without Brainy Girl's express written consent;
not to use meta tags or any other "hidden text" utilizing a Brainy Girl name, trademark, or product name without Brainy Girl's express written consent;
not to deeplink to this Site(s) without Brainy Girl’s express written consent;
not to create or use a false identity on the Site(s), share your account information, or allow any person besides yourself to use your account to access the Site(s);
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Site(s) or portions of the Site(s) that are restricted from general access;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material that is owned by Brainy Girl;
modify, distribute, or repost any content on the Site(s) for any purpose; or
use the content of the Site(s) for any commercial exploitation whatsoever.

In using the Site(s), you further agree:

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site(s). We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site(s). We have the right to remove any material or posting you make on the Site(s) if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

Content Uploaded to the Site(s)

In the event that you upload any photographs, comments, video clips, or other media to the Site(s) (the "Uploaded Content"), Brainy Girl has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web site(s), in perpetuity throughout the world as Brainy Girl in its sole discretion sees fit without further consent or payment. Brainy Girl has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Brainy Girl has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Brainy Girl may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Brainy Girl’s sole discretion. Brainy Girl is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site(s) must only post uploaded content that is owned by, and features, themselves, and no other third parties.

Changes to the Site(s)

Brainy Girl may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site(s) or any products available through or outside of the Site(s), temporarily or permanently, including the availability of any features of the Site(s) or access to any parts of the Site(s), at any time without notice to you, and you agree that Brainy Girl shall not be liable therefor.

Linked Site(s)

Brainy Girl makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of site(s) accessible by hyperlink from the Site(s), or site(s) linking to these Site(s). The linked site(s) are not under the control of Brainy Girl and Brainy Girl is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such site(s). The inclusion of any link does not imply affiliation, endorsement, or adoption by Brainy Girl of the site or any information contained therein. When leaving the Site(s), you should be aware that Brainy Girl’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

All the Site(s)’ materials, including, without limitation, all Brainy Girl product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © Brainy Girl . ALL RIGHTS RESERVED. Unless expressly stated otherwise, Brainy Girl or its suppliers or licensors own and retain other proprietary rights in all products available through the Site(s). Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Brainy Girl V or the respective copyright owner. You may not, without the express written permission of Brainy Girl or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site(s), its content, or services or products obtained through the Site(s); (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site(s) or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Brainy Girl or any third party.

It is Brainy Girl’s policy to respect the copyright and intellectual property rights of others. Brainy Girl may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Brainy Girl may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Brainy Girl or any user of our Site(s) has infringed your copyright in any material way, please notify Brainy Girl, and provide the following:

an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on the Site(s);
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: [email protected]

Indemnification

You agree to indemnify and hold harmless Brainy Girl, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

You must not modify, adapt or hack the Service.

You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

You must not modify another website so as to falsely imply that it is associated with the Service or the Company.

The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that the Company 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 (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

Product Information

For questions about the products or services on this Site, please use the Contact or Support emails.

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Site(s) are correct and that all products have been fairly described. However, when ordering products or services through the Site(s), please note that:

orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on the Site(s), including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
all prices are displayed in United States Dollars unless expressly indicated otherwise;
all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Order and Payment Information

If you use the Site(s) or other means to purchase a product, payment must be received by Brainy Girl prior to Brainy Girl’s acceptance of an order, unless otherwise agreed by Brainy Girl. Brainy Girl products may be subject to sales tax which will be applied to your order total. Brainy Girl may need to verify information you provide before Brainy Girl accepts an order, and may cancel or limit an order any time after it has been placed. Brainy Girl expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site(s) or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Brainy Girl is registered to you. Brainy Girl shall have the right to bar your access to and use of the Site(s) or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Brainy Girl, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site(s) is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Brainy Girl reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site(s) without incurring any obligation to you.

Brainy Girl’s descriptions of, or references to, products not owned by Brainy Girl on and outside of the Site(s) do not imply endorsement of that product, or constitute a warranty, by Brainy Girl.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE(S) AND OTHER PRODUCTS AND SERVICES OF BRAINY GIRLIS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE(S) AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT BRAINY GIRL DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE(S), INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO BRAINY GIRL FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, BRAINY GIRL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITE(S). NOR DOES BRAINY GIRL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE(S), ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE(S), OR ITS CONTENT.

ALTHOUGH BRAINY GIRL STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE(S), BRAINY GIRL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITE(S) IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, BRAINY GIRL DOES NOT WARRANT THAT ACCESS TO THE SITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

BRAINY GIRL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE(S) WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, BRAINY GIRL DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BRAINY GIRL OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE(S); (II) THE USE OR INABILITY TO USE THE SITE(S); (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE(S); (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE(S) OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF BRAINY GIRL OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRAINY GIRL’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 120 DAYS TO BRAINY GIRL FOR ANY PRODUCTS SUPPLIED BY BRAINY GIRL THROUGH YOUR USE OF THE SITE(S) OR OTHERWISE.

BRAINY GIRL WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CANADA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

Termination

Notwithstanding any of these Terms and Conditions, Brainy Girl reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site(s) and to block or prevent future access to and use of the Site(s). You agree that Brainy Girl shall not be liable for any termination of your use of or access to the Site(s).

Refunds

Refund requests for Brainy Girl products should be sent to [email protected]. Refund requests will not be granted if you've:

1. Viewed more than 10% of purchased course/program and/or

2. Request a refund more than 7 days after purchase.

Third-party rights

Only you and Brainy Girl shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

Language

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

Applicable Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site(s) shall be filed only in the Supreme Court of Victoria, BC, Canada, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. This paragraph does not limit the right of Brainy Girl to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

General

The Terms and Conditions constitute the entire agreement between Brainy Girl and you with respect to your use of the Site(s), your purchase of products and services through the Site(s), and as applicable any products or services of Brainy Girl. Any cause of action you may have with respect to the Site(s) or Brainy Girl products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Brainy Girl to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Brainy Girl, and you do not have any authority to create any obligation or make any representation on Brainy Girl’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Brainy Girl’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Brainy Girl and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

Other important terms

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Updated: Jan 19, 2024