Terms & Conditions

Terms & Conditions

Welcome to Jr.Brainiac!! and thank you for visiting our website!

When you use our services, you’re agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website.

 

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.

 

These Terms and Conditions of service and Use are hereby made effective or “we” or “us” or “our“ “Company”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Jr. Brainiac, hereby amend and restate any such prior terms and conditions.

 

In consideration of each member or user’s (each, a “Member” or “You “or “Learner” or “Instructor”) access to and use of the Site, we require every members and user to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of Jr. Brainiac.

 

SECTION 1-  PROPRIETARY RIGHTS

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Site, and all materials and content related to our programs even if the materials or content are not accessed through the Site. Your use of the Site does not grant to you ownership of any content, software, code, data or materials you may access on the Site.

The Company grants a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use the services.

Except as permitted through the services or as otherwise permitted by us in writing, your license does not include the right to:

We reserve the right to modify, suspend, or discontinue the services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the services or any part thereof.

 

SECTION 2 – GUIDELINES FOR LEARNERS & PARENTS

  1. A Learner must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with an Instructor to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Instructor. Jr. Brainiac is not responsible for any disputes regarding parental consent or any problems that a Learner or a patent/guardian has experienced with an Instructor.
  2. A Learner, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references and qualifications of any Instructor with whom he/she enters into or proposes to enter into a Contract. Jr. Brainiac does not offer any guarantee that any information provided on the Jr. Brainiac website is accurate and correct.
  3. Learner and their Parents must contact an Instructor through the Jr. Brainiac website. Any other means of communication is prohibited.
  4. We will send Parent/Guardians a confirmation mail including an introductory video of the assigned Instructor, where the Parents/Guardians can confirm the session without having to meet the Instructor. If the introductory video clip doesn’t answer your questions, Parents/Guardians can also opt in to meet their Instructor before the commencement of the booked session. Failing upon which, the session will be automatically cancelled and a fee of $20 will be deducted from the Parent’s Debit/Credit card.
  5. A Learner must not publish any abusive comments about an Instructor or another Learner on the Jr.Braniac website or any other place. This includes defamatory or derogatory comments.
  6. Parents must use their own judgment about the services of Instructors detailed on the Website. Parents are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Instructor with whom they confirm their purchase.
  7. A Learner must always be under the adult supervision at all times during the booked session and Birthday celebration. In case of any emergency situations, our staff will try to contact the Parents using the contact information.
  8. Parents/Guardians must not leave the Learner unattended. 5 minutes after the booked session is over, Parents/Guardians have to meet their host and mutually end the session. If Parent/Guardians does not show up after the 5-minute grace period, Parents will be charged extra $55 for another 1-hour session.

 

SECTION 3 – GUIDELINE FOR USERS AND MEMBERS

Members must not use the Jr. Brainiac website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.

Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.

Members must not post material to the Jr. Brainiac website in which the copyright or intellectual property is or may be the property of another person or body.

 

SECTION 4 – REGISTRATION INFORMATION

You may be required to provide information about yourself in order to register for and/or use certain services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.

 

SECTION 5 – PROHIBITED USE

You agree that You will not use, and will not permit any end user to use, the services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the services; (ii) knowingly or negligently use the services in a way that abuses, interferes with, or disrupts Jr. Brainiac’s networks, Your accounts, or the services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the services; or (vi) use the services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Jr. Brainiac or other users of services; (viii) engage in any activity or use the services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the services, or any servers or networks connected to the services or Jr. Brainiac ‘s security systems. (ix) use the services in violation of any Jr. Brainiac policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.

 

SECTION 6 – LIMITATIONS ON USE

You may not reproduce, resell, or distribute the services or any reports or data generated by the services for any purpose unless you have been specifically permitted to do so under a separate agreement with Jr. Brainiac. You may not offer or enable any third parties to use the services purchased by You, display on any website or otherwise publish the services or any Content obtained from a service (other than Content created by You) or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to the services.

 

SECTION 7 – USER CONTENT

Certain features of our website (including but not limited to sending video, audio clip or tutorial) may allow you to publish or send content that can be viewed by others (“User Content”). You agree that we are not liable for User Content that is provided by others. We have no duty to pre-screen User Generated Content. You agree and acknowledge that Jr. Brainiac has no control over and assumes no responsibility for the User Content and by using the Jr. Brainiac Platform, you expressly relieve Jr. Brainiac from any and all liability arising from the User Content.

 

SECTION 8 -PUNCTUALITY & ATTENDANCE

If you miss all or part of your session (for reasons including, without limitation, lateness, illness, injury or work commitments) then you will not be entitled to a refund of any part of your course fee. No credit for missed sessions/courses will be issued.

 

SECTION 9 -EQUALITY & DIVERSITY POLICY

We are committed to diversity and equality in respect of staff, customers, visitors and anyone that the website, or its learners come into contact with. We strive to treat everyone with the same high level of dignity and respect, irrespective of age, disability, status, gender, nationality, ethnic origin, religious beliefs, sexual orientation or another personal characteristic.

We require our staff and visitors to our platform to embrace these standards at all times.

 

SECTION 10 -MALADMINISTRATION AND MALPRACTICE POLICY

Jr. Brainiac treats all cases of suspected malpractice very seriously and will investigate all suspected and reported incidents of possible malpractice.

For the purpose of this document ‘malpractice’ is defined as: Any act, or failure to act, that threatens or compromises the integrity of the assessment process or the validity of Jr. Brainiac training.

Malpractice Activities

  • Obtaining assessment material without authorization.
  • Arranging for an individual other than the student to sit an assessment or to submit an assignment not undertaken by the student.
  • Impersonating another student to sit an assessment or to submit an assignment on their behalf.
  • Collaborating with another student or individual, by any means, to complete a coursework assignment or assessment, unless it has been clearly stated that such collaboration is permitted.
  • Damaging another student’s work.
  • Inclusion of inappropriate or offensive material in coursework assignments or assessment scripts.
  • Failure to comply with published awarding body examination rules or regulations.
  • Disruptive behavior or unacceptable conduct, including the use of offensive language, at Centre or assessment venue (including aggressive or offensive language or behavior).
  • Producing, using or allowing the use of forged or falsified documentation, including but not limited to: a) personal identification; b) supporting evidence provided for reasonable adjustment or special consideration applications;

 

SECTION 11 -PHOTOGRAPHS, MEDIA AND LIKENESS

You agree and confirm that we may utilize any images, video and likeness of yourself for promotional or marketing use our program.

 

SECTION 12 –  EXTERNAL LINKS

You may be able to link from the Site to third party websites and third party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

 

SECTION 13 – INDEMNIFICATION

You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

SECTION 14 – USING OUR SERVICES

To ensure smooth virtual sessions, you may require multiple compatible devices, high speed internet access. You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our online classes. You may regularly need to update our applications to use our services. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and are to be procured at your own cost.

 

SECTION 15 – DISCLAIMER OF WARRANTIES

(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR INSTRUCTORS OR INSTRUCTORS, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY INSTRUCTOR OR INSTRUCTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.

 

SECTION 16 – LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND INSTRUCTORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

 

SECTION 17 – TERMINATION

We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

 

SECTION 18 – MODIFICATIONS

We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

 

SECTION 19 – WAIVERS

​Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

 

SECTION 20 – FORCE MAJEURE

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

 

SECTION 21 – GOVERNING LAW AND JURISDICTION

Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the United States and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.

 

SECTION 22- DMCA TAKEDOWN NOTICE PROCEDURE

Jr. Brainiac abides by the DMCA by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you believe that you or someone else’s copyright has been infringed on the Jr. Brainiac service, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our designated agent immediately. For your complaint to be valid under the DMCA, please provide the following information:

  1. Identification of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), URL(s) etc.;
  2. Identification to enable Jr. Brainiac to identify and locate the material that is allegedly infringing the Rights Holders’ work(s)
  3. Contact information for the Rights Holder so that we can contact them
  4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
  6. The Rights Holder’s physical or electronic signature.

 

SECTION 23- MONITORING

Jr. Brainiac will monitor user activity as it has a duty of care to the copyright owners and requires this data for reporting and other uses. Additionally, Jr. Brainiac will apply a variety of technologies to the service to ensure the copyrights of the courses, and the copyrights created by Jr. Brainiac are not misused, stolen or abused.

 

SECTION 24 -COPYRIGHT

Copyright © 2020 “Jr. Brainiac”. All rights reserved. All materials presented on this site are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

 

SECTION 25 – CONTACT

For more information regarding our Terms and Conditions, please send us an email at : legalsupport@thejrbrainiac.com