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Use Your Brain Ltd Online Disclaimers and Privacy Statement

Use Your Brain Ltd Online (the Site) has been prepared for informational purposes only. By utilizing the Site, and/or its services, you agree to be bound by the terms and conditions of this notice regarding the use of the Site. If you do not agree with the terms and conditions of this notice, you are hereby instructed not to access or utilize information provided by the site, or to submit information to the site.

All materials and services on the Site and any third-party sites are provided "as is" without warranty of any kind. Changes are periodically made to the information in the Site, and Use Your Brain Ltd and/or its suppliers may make improvements and/or changes in the Site at any time. With respect to the materials and services contained on this site and in linked sites directly or indirectly accessible from the Site, Use Your Brain Ltd and/or its suppliers make no representations and disclaim all warranties, express or implied, including, but not limited to: warranties of title, noninfringement, merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within the Site; or the results obtained from accessing and using the Site and/or the content contained herein. Use Your Brain Ltd does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, including the server that makes it available, are free of viruses or other harmful components. The user assumes the entire cost of all necessary maintenance, repair or correction.

Use of the Site is at your own risk. The Site may contain advice, opinions, and statements of various information providers and content providers. Use Your Brain Ltd does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of the Site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither Use Your Brain Ltd nor its information providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, use of any content herein, regardless of cause, for any damages resulting there from. Transmission and/or receipt of the information contained in the Site does not constitute a professional-client relationship of any kind. Information in the Site of a legal nature should not be acted upon without seeking professional counsel. It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters, and accordingly assume no liability whatsoever in connection with its use.

The information and descriptions contained on the Site relative to any products or services do not comprise a contract.

Copyright

All materials, including graphic images, buttons, layout and text posted on the Site are subject to copyrights owned by Use Your Brain Ltd and other individuals or entities. Any reproduction, retransmission, or republication of all or part of any graphic images, materials or documents found on the Site is expressly prohibited, unless Use Your Brain Ltd or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights are reserved.

The names, trademarks, service marks and logos of Use Your Brain Ltd, appearing on this site may not be used in any advertising or publicity, or otherwise to indicate Use Your Brain Ltd’s sponsorship of or affiliation with any product or service, without Use Your Brain Ltd’s prior express written permission.

Links To Third Parties' Websites

The Site may contain links to other sites maintained by third parties. Use Your Brain Ltd does not operate or control in any respect any information, products or services on such third-party sites and does not guarantee that the links or any information contained thereon will be accurate at the time of your access. Third party links are included solely for the convenience of users, and do not constitute any endorsement, approval or certification by Use Your Brain Ltd, its affiliates and/or its suppliers of the content of any site referenced by a link or otherwise. Use Your Brain Ltd believes that links to publicly accessible web pages and newsgroups is legally permissible and consistent with the common and customary expectations of those who make use of the Internet. User assumes sole responsibility for use of third party links and pointers and disclaimers set forth herein are equally applicable to such third party sites.

Third Party Content

Any opinions, advice, services, or other information made available by third parties, including information providers and users are those of the respective author(s) or distributor(s) and not of Use Your Brain Ltd.

Modification

Use Your Brain Ltd shall have the right, at its discretion, to change, modify, add or remove terms of this agreement or the Site at any time. Notification of any such changes may be made herein, but is not guaranteed. Changes shall be effective immediately, and subsequent use by you of the Site shall constitute your acceptance of them.

Indemnity/Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Use Your Brain Ltd, or its affiliates be liable for any direct, indirect, incidental, special, consequential or other damages, including but not limited to loss of data or lost profits, that result from the use of, or the inability to use, the materials in the Site.

As a condition of use of the Site, the user agrees to indemnify Use Your Brain Ltd and its suppliers from and against any and all liabilities, expenses and damages arising out of claims resulting from user's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by user of these terms and conditions. If you are dissatisfied with any material on the Site, or with any of terms and conditions for using the Site, your sole and exclusive remedy is to discontinue using the Site.

General

Use Your Brain Ltd reserves the right to deny access to this Web site to anyone at any time.

Service Contact

EMAIL US with questions about this Web site or additional information regarding the copyright or legal policy. Any rights not expressly granted herein are reserved.

Privacy Statement for Use Your Brain Ltd Online

Use Your Brain Ltd is committed to assuring users that their privacy will be respected and protected. Use Your Brain Ltd has created this privacy statement in order to demonstrate our firm commitment to user privacy. The following discloses the information gathering and dissemination practices for all information collected or submitted to the Site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Website.

Cookies

The Site uses cookies to enhance your on-line experience with Use Your Brain Ltd Online. A ‘cookie’ is nothing more than a small file that your Web browser will place on your hard drive. It allows us to remember you and keep track of preferences and passwords. Use of cookies allows us to deliver content specific to your interests, and to save your password so you don't have to re-enter it each time you visit our site. You can, of course, set your browser to reject cookies – but keep in mind that this may affect the experience you have on the Site.

Registration Forms

The Site's registration form requires users to give us contact information (like their name, email, and postal address) and demographic information (like their zip code, age, or income level).

Contact information from the registration forms is used to ship materials and information about our company or its products and services. The customer's contact information is also used to get in touch with the customer when necessary.

Users may opt-out of receiving future mailings; see the choice/opt-out section below.

Financial information that is collected is used to bill the user for products and services.

Demographic and profile data is also collected at the Site. We use this data to tailor our visitor's experience at the Site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Specific information about you will not be released to any entity not affiliated with Use Your Brain Ltd. An ‘affiliate’ entity is an organization either owned or managed by Use Your Brain Ltd. We will not disclose information about your individual visits to the Site or personal information that you provide, such as your name, address, e-mail address, telephone number, credit card number, personal preferences, etc. to any outside parties, unless required to do so by law.

External Links

This site contains links to other sites. Use Your Brain Ltd is not responsible for the privacy practices or the content of such Websites.

Public Forums

This site makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Use Your Brain Ltd is not obligated to monitor any transmission made through the Web pages. However, Use Your Brain Ltd has the right, but not the obligation, to monitor any transmission made to and from the Site.

Security

The Site has security measures in place to protect the loss, misuse, and alteration of the information under our control.

Choice/Opt-Out

The site provides users the opportunity to opt-out of receiving promotional/marketing information from us. You can EMAIL US.

Data Quality/Access

The site gives users the following options for changing and modifying information previously provided: You can EMAIL US

Contacting the Website

Any changes to our privacy commitment and policy will be posted here. While we do not anticipate changes to this policy frequently, we do suggest you review our policy and commitment from time to time. This will ensure that you will have complete knowledge of our information practices as they might affect you and your use of the Site. If you have any questions about this privacy statement, the practices of this site, or your dealings with the Site, you can EMAIL US

Third Party

Use Your Brain Ltd works with a third party that serves ads to this site. To find out more about how they manage the privacy of information in conjunction with serving ads on this site, please EMAIL US


Use Your Brain Ltd Online Consumer Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Use Your Brain Ltd, whose registered office is at 20 Holgate Avenue, London, SW11 2AU, registered in England and Wales No.04162675 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.

3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 4.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

5 Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.

7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter, fax or e-mail, at the fax number or e-mail address shown below giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.

8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address or fax number shown below within 7 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
8.5 All returns must be acompanied by the original packaging. Returns found not to be faulty will be subject to a testing fee of £15 and postage fee of £5.50 before goods can be released. Normal turnaround 15 days.

9. Limitation of Liability
9.1 the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

11. Applicable Law
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

ABOUT US

USE YOUR BRAIN LTD
Registered in England No. 04162675
Regd Office: 20 H o l g a t e A v e n u e, B a t t e r s e a, L o n d o n, S W 1 1 2 A U

EMAIL US

Telephone: +44 (0)7970 961 447
/ +44 (0)207 223 7472

RETURN TO
UseYourBrain.co.uk

 

 
Copyright Use Your Brain Ltd 2000 - 2002. All Rights Reserved.
E&OE. Written terms available on request.