1.1 This agreement applies between you, the user of this Website and Brain Bites-Food for Thought (hereinafter referred to as "Brain Bites", "we" or "us" ), the owner of this website. Brain Bites maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the Online Terms carefully before purchasing an Online Course at Brain Bites and print off a copy for your records. Use of this website indicates acceptance of these “Terms and Conditions” and forms a binding agreement between you and Brain Bites. If you do not agree to these terms, do not use this Site.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.
1.2 The Online Courses are provided by Brain Bites. www.brainbites.co.uk site is hosted by LearnWorlds. They provide us with the online course creation platform that allows us to sell our product/services to you. Your data is stored through LearnWorld’s data storage, databases and the general LearnWorld's application. They store your data on a secure server behind a firewall.
1.3 The Terms and conditions are governed by the laws of England, United Kingdom to enforce strict performance of the Terms and conditions shall not be construed as a waiver of any provision or right. Brain Bites may assign its rights and duties under the Terms and conditions without notice to any party at any time.
1.4 The Terms and conditions are subject to change without notice by Brain Bites at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
1.5 An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. Brain Bites will use reasonable endeavours to provide an Online Course as described.
In this agreement the following terms shall have the following meanings:
2.1 Capitalised terms used herein (and not otherwise defined) have the following meanings:
“Additional Study Materials” means any Online Study Materials or Physical Study Materials not included in the Course Fee.
“Additional Online Terms and Conditions” means any additional terms and conditions relating to an Online Course agreed in writing by Brain Bites with a particular student;
“Course Fee” means the fee payable for an Online Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;
“Course Materials” means the materials provided by Brain Bites in the course of the delivery of any Online Course, which may be (i) Online Study Materials and/or (ii) Physical Study Materials;
“Self-paced Online Course” means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by Brain Bites.
“Online Course” is a general term meaning either a Self-paced Online Course, a mini-course, Short Course, or a Scheduled Online Course provided by Brain Bites
“Materials” and “Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, PPTs, Google Slides, MP3s, JPEGs, MPEG4s and MOVs;“Physical Study Materials” means any material in a physical format, including, but not limited to, DVDs, CD Rom, Blu-ray, and Audio CDs;
“Scheduled Online Course" means an online course which is only available for access by you on a predetermined start date;
“Terms and Conditions of Website Use” means the terms and conditions pursuant to which you may access the website.
“Website” means www.brainbites.co.uk or any other domain operated by Brain Bites and "you” means the individual purchasing the Online Course.
"Account": means collectively the personal information, payment information and credentials used by Users to access paid content and / or any communications system on the website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
"Facilities": means collectively any online facilities, tools, services or information that Brain Bites makes available through the website either now or in the future;
"Services": means the services available to you through this website, specifically use of the Brain Bites proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place of business.
"System": means any online communications infrastructure that Brain Bites makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the website and is not employed by Brain Bites and acting in the course of their employment;
"We/Us/Our": means Brain Bites-Food for Thought. The Online Courses are provided by Brain Bites. www.brainbites.co.uk site is hosted by LearnWorlds. They provide us with the online course creation platform that allows us to sell our product/services to you. Your data is stored through LearnWorld’s data storage, databases and the general LearnWorld's application. They store your data on a secure server behind a firewall.
2.2 The use of singular words herein also includes the plural.
3.1 In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
3.2 When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.
3.3 A legally binding agreement shall only come into existence once:
(a) Brain Bites has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable); and
(b) Brain Bites has received from you (or on your behalf) the entire Course Fee in cleared funds.
3.4 The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms and conditions. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.
3.5 You must check the details on the order confirmation email when you receive it. If there are any errors, please contact us immediately at info@brainbites.co.uk
3.6 Where your order consists of multiple Online Courses, each individual Online Course will be treated by Brain Bites as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by Brain Bites of your offer to purchase any other Online Courses which make up your order unless expressly packaged and advertised as a Bundle.
3.7 We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.
3.8 Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any other website or printed material.
4.1 The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and will be notified to you by email by an Brain Bites customer services representative.
4.2 All amounts are payable in GB Pounds Sterling. The prices quoted are inclusive of VAT. Any currency conversion costs or other charges incurred in making a payment shall be borne by you and shall not be deductible from the amounts due to Brain Bites
4.3 Unless otherwise specified in respect of a particular Online Course, the complete Course Fee is payable with a one-off lump-sum payment, payable with your purchase offer
4.4 Payments will be accepted by: (i) credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro) via Stripe
4.5 In the unlikely event that your purchase offer was accepted at a time when the amount of the Course Fee displayed on the Website is incorrect, Brain Bites will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website, then Brain Bites will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, Brain Bites will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, Brain Bites will refund you the difference between the amount which you have paid and the correct Course Fee payable.
4.6. In the event that you have been gifted or won a gift voucher to use at Brain Bites, this is only redeemable towards payment of a full-priced course. A gift voucher cannot be used in retrospect towards a course that has already been paid for, nor alongside any other offer or voucher.
5.1 Due to the digital nature of our short courses, with all lessons immediately accessible, our Wonders of the Universe course is non-refundable.
5.2 Brain Bites may cancel any Online Course at any time prior to its scheduled termination date. If Brain Bites cancels an Online Course prior to its scheduled termination date, you will be entitled to a pro-rata refund of the Course Fee.
6.1 Additional Study Materials may be available as an add-on to an Online Course. A charge may be payable for such Additional Study Materials (as set out in the information relating to the Additional Study Materials) and the delivery of such Additional Study Materials to you.
6.2 Any payment for Additional Study Materials (if applicable) and any delivery charges payable in relation to the delivery of Additional Study Materials, if applicable, will be accepted by the same methods as set out in Clause 4.4 above.
7.1 The description of the Online Course on the Website and/or in any relevant printed material or another website will set out details of the contents of the available Online Courses. Brain Bites provides various Online Study Materials including video, audio and written notes, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site.
7.2 Except as set out in the description of the Online Course on the Website and/or in any other relevant official printed material, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by Brain Bites.
7.3 Upon receipt of an order confirmation email from Brain Bites you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed. You are advised to make a note of your expiry date, and extensions may only be given at the discretion of the instructor.
7.4 Wherever mention is made, either on the Website, in Email messages or Online course descriptions of 'lifetime access', please note that 'lifetime access' refers to the lifetime of the course, not the lifetime of the purchaser, the instructor or the Company. If an Online Course or is due to be discontinued, or the Brain Bites platform is closed down, you will be given notice and access until either your designated expiry date during which time you may download any materials available to do so. The content of discontinued courses remains covered by the usage and copyright agreements detailed above.
7.5 The receipt of an Online Course is personal to you and, unless otherwise agreed by Brain Bites pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person through the sharing of login details or otherwise.
7.6 Brain Bites authorizes each User to view and download one copy of the Course Materials made available for download. Materials may be downloaded and a maximum of one copy of the Course Materials may be printed provided that Users make no modifications to the Materials and Brain Bites retains all copyright and other proprietary notices contained in the original Course Materials on any copies of the Course Materials.
7.7 You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
7.8 You acknowledge that Brain Bites operates a zero-tolerance policy in relation to inappropriate behaviour of students. In particular, abusive or violent behaviour directed at Brain Bites' staff or other students, and unfair or dishonest practices will not be tolerated under any circumstances. Brain Bites may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behaviour.
7.9 We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student is found to be in contravention of the access rules (set out in Clause 7.5), we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.
7.10 As a User you warrant that you are not an agent or employee of any other test preparation company and the Site and Materials are solely for the purpose of your own personal benefit from the courses offered by Brain Bites.
7.11 No person under 18 years may access Brain Bites courses via this site, without the express consent of their parent or guardian. We highly encourage parents/guardians to sign up their under-18-year-olds under their email address (parent's), and unsubscribe them from future marketing communications once the course is completed.
8.1 Links to external websites are provided solely as a convenience to you. Brain Bites has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9.1 From time to time, Brain Bites may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
9.2 Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
10.1 If you are unable to access an Online Course, Brain Bites will use reasonable endeavors to provide a solution where Brain Bites has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, Brain Bites may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
10.2 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further, you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
10.3 Brain Bites will use reasonable endeavors to make the Online Course available but cannot guarantee uninterrupted, timely or error-free availability or that defects will be corrected. Brain Bites reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
10.4 You also accept and acknowledge that Brain Bites cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
(a) the operation of the internet and the world wide web, including but not limited to viruses;
(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
(c) failures of telecommunications links and equipment; or
(d) updated browser issues.
11.1 Brain Bites will provide the Course Materials in accordance with the Online Course description, which is set out on the Website and/or in any relevant printed material
11.2 Brain Bites expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. Brain Bites does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant material).
11.3 Brain Bites does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error-free.
11.4 Brain Bites does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
11.5 All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
11.6 Student Testimonials and Reviews on Brain Bites' website are unpaid and submitted willingly. They are non-representative of all participants. The experiences of those who have provided testimonials do not guarantee future results.
12.1 The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
12.2 Except as set out in the Online Terms, Brain Bites shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
(a) indirect or consequential losses;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of anticipated savings; or
(e) loss or corruption of data.
12.3 Brain Bites is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during the completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.
12.4 Save as otherwise set out in this section “Limitation of liability”, Brain Bites' maximum aggregate liability to you for any claims that you may have against Brain Bites for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
12.5 Brain Bites will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond Brain Bites' reasonable control. This condition does not affect your statutory rights.
12.6 Each provision in this Clause 12 shall be construed separately as between you and Brain Bites. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification, as may be necessary to make it valid and effective.
Online Courses are for training purposes only. Brain Bites will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
- 14.1 At all times, Brain Bites and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of Brain Bites.
- 14.2 In consideration of receipt by Brain Bites of the entire Course Fee, Brain Bites grants to you a non-exclusive, non-transferable license to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the license granted is to use the Online Study Materials by an individual student only.
- 14.3 Save as expressly set out in the Online Terms or as otherwise agreed by Brain Bites pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either Brain Bites' copyright or Brain Bites' other intellectual property rights, and/or the copyright or other intellectual property rights of Brain Bites' licensors.
- 14.4 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Brain Bites, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable UK and International intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the website or unless given our express written permission to do so.
- 15.1 Brain Bites will process the information it receives from you or otherwise holds about you in accordance with the Online Terms and its privacy policy. You consent to the use by Brain Bites of such information in accordance with Brain Bites privacy policy.
15.2 In the event that you do not wish to receive marketing correspondence from Brain Bites, a written request or email should be sent to the contact details set out in our contact page.
- 16.1 If there is any conflict between these Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;
1. the Additional Online Terms and Conditions;
2. the Terms and Conditions of Online Courses; and
3. the Terms and Conditions of Website Use.
- 17.1 Brain Bites reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
17.2 Brain Bites may update or amend the Online Terms from time to time to comply with the law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.
17.3 You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by Brain Bites pursuant to Additional Online Terms and Conditions.
17.4 Brain Bites may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.
17.5 No failure or delay by Brain Bites in exercising any right or remedy under the Online Terms shall operate as a waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Brain Bites in writing.
17.6 If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
17.7 Any notices required to be served on you by Brain Bites under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to Brain Bites, respectively. Any notices required to be served on Brain Bites by you will be deemed properly served if sent by email or post to the address set out in Clause 18.
17.8 A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
17.9 The Contract between you and Brain Bites will be concluded in English only.
17.10 The Contract between you and Brain Bites is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
17.11 The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with the Online Terms.
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18.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
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18.1.1 all information you submit is accurate and truthful;
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18.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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18.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 19.2 Nothing in these Terms and Conditions excludes or restricts Brain Bites' liability for death or personal injury resulting from any negligence or fraud on the part of Brain Bites
- 19.3 Nothing in these Terms and Conditions excludes or restricts Brain Bites' liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 19.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Brain Bites.
We can be contacted at info@brainbites.co.uk
