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Terms and Conditions

This page was last updated on April 1st 2020.

This page contains terms and conditions of the use of this website and services available therein; for terms and conditions relating to use of the Brain in Hand system, please click here to visit our 'User Terms and Conditions' page.

Our privacy and cookie policy, including information about data security, can be found by clicking here to visit our 'Privacy and Cookie Policy' page.

Who we are

This website, braininhand.co.uk, is managed by Brain-in-Hand Limited, a limited company registered in England and Wales (Number 06971006).

Our registered office is Hampton House, 23 Longbrook Street, Exeter EX4 6AB, and our VAT Registration Number is 985 3199 69.

In this notice, where we say ‘you’ or ‘your’, this means either you or any authorised person acting on your behalf. Where we say ‘we’, ‘us’ or ‘our’, this means Brain in Hand Limited. We may also abbreviate Brain in Hand to ‘BiH’.

Using our website

You agree to use braininhand.co.uk only for lawful purposes. You must also use it in a way which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by, anyone else.

We update braininhand.co.uk regularly. We may change or remove content at any time without notice.

Information about your visit

We collect information about you in accordance with our privacy policy and our cookie policy. By using braininhand.co.uk, you agree to us collecting this information and confirm that any data you provide is accurate.

Governing law

These terms and conditions are governed by and construed in accordance with the laws of England and Wales.

Any dispute you have which relates to these terms and conditions or your use of our website (whether contractual or non-contractual) will be subject to the exclusive jurisdiction of the courts of England and Wales.

Other terms and conditions (software and services)

Additional terms and conditions will apply to the purchase and/or use of the Brain in Hand product and services. You will always be issued with a licence for our product and service, including terms and conditions, at the time of licence activation.

BiH’s obligations, if any, with regard to its product, associated services, and agreements are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.

The materials on this website with respect to our product and associated services may be at times out of date; BiH makes no commitment to update the materials on the website with respect to our product and associated services and agreements.

Accounts, passwords, and security

Certain features or services offered on or through our website may require you to open an account (including setting up an BiH username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify BiH immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by BiH or any other user of or visitor to the website due to someone else using your BiH username, password, or account as a result of your failing to keep your account information secure and confidential. 

You may not use anyone else’s BiH username, password, or account at any time. BiH cannot and will not be liable for any loss or damage arising from failure to comply with these obligations. 

Privacy

Brain in Hand’s Privacy Policy applies to use of this website, and its terms are made a part of these Terms of Use by this reference. To view Brain in Hand’s Privacy Policy, click here. Additionally, by using our website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Links from this website

This website, braininhand.co.uk, links to websites that are managed by other agencies, service providers or other organisations. We do not have any control over the content on these websites.

We’re not responsible for:

• the protection of any information you give to these websites
• any loss or damage that may come from your use of these websites, or any other websites they link to.

You agree to release us from any claims or disputes that may come from using these websites.

You should read all terms and conditions, privacy policies, and end user licences that relate to these websites before you use them.

Content, copyright, and trademarks

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, videos, and computer code (collectively, ‘content’), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’, and arrangement of such content contained on this website is owned, controlled, or licensed by or to Brain in Hand, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

If you require the use of resources such as but not limited to logos, assets, film, reports or other materials, please contact the marketing department at Brain in Hand.

Except as expressly provided in these Terms of Use, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including ‘mirroring’) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without Brain in Hand’s express prior consent.

You may use information on Brain in Hand’s product and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Brain in Hand to be downloaded from the website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media unless permission for sharing and distribution has been sought and obtained from Brain in Hand, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Requests to remove content

In making material available online, Brain in Hand acts in good faith. However, despite these safeguards, we recognise that from time to time material published online may be in breach of copyright laws, contain sensitive personal data, or include content that may be regarded as obscene or defamatory.

If you are concerned that you have found material on our website for which you have not given permission, contravenes privacy law, is obscene/defamatory and in terms of copyright law is not covered by a limitation or exception, you can ask us to remove it by contacting us in writing via one of the following methods:

By post:
FAO: Notice and Takedown
Brain in Hand Ltd
Hampton House
23 Longbrook Street

Exeter EX4 6AB

By email:
admin@braininhand.co.uk 
Please include “FAO: Notice and Takedown” in the subject line.

Your communication should state the following:

  1. Your contact details
  2. Full details of the material, specifying exactly the extent of use
  3. The exact and full URL where you found the material
  4. If the request relates to copyright, proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative
  5. The full reason for your request, specifying the category of protection if under intellectual property law
  6. If on grounds other than copyright infringement, a clear statement as to the nature of your concern about the material, specifying the law that is alleged to have been infringed.

Upon receipt of your notification, the 'Notice and Takedown' procedure is invoked; we will acknowledge receipt by email or letter and will make an initial assessment before working towards a mutually satisfactory resolution.

Virus protection

We make every effort to check and test braininhand.co.uk for viruses at every stage of production. You must make sure that the way you use braininhand.co.uk does not expose you to the risk of viruses, malicious computer code or other forms of interference which can damage your computer system.

We are not responsible for any loss, disruption or damage to your data or computer system that might happen when you use braininhand.co.uk.

Viruses, hacking, and other offences

When using braininhand.co.uk, you must not introduce viruses, trojans, worms, logic bombs, or any other malicious or technologically harmful material.

You must not try to gain unauthorised access to braininhand.co.uk, the server on which it’s stored, or any server, computer or database connected to it.

You must not attack braininhand.co.uk in any way. This includes denial-of-service attacks.

We will report any attacks or attempts to gain unauthorised access to braininhand.co.uk to the relevant law enforcement authorities and share information about you with them.

General

There may be legal notices elsewhere on our website that relate to how you use the website.

We are not liable if we fail to comply with these terms and conditions because of circumstances beyond our reasonable control.

We might decide not to exercise or enforce any right available to us under these terms and conditions. We can always decide to exercise or enforce that right at a later date.

Doing this once will not mean we automatically waive the right on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions will still apply.

Changes to these terms and conditions

Please check these terms and conditions regularly. We can update them at any time without notice.

You’ll agree to any changes if you continue to use our website after the terms and conditions have been updated. See the top of this page for the date of the most recent revision.

Live Chat terms and conditions

The live chat service on this website is not a support service, nor is it a channel of communication used by a Brain in Hand Response Service. It is to be used for general enquiries relating to the purchase of products and services from Brain in Hand Ltd.

We use cookies to enable our online live chat communication provided by Click4Assistance. Information about the types of cookies used and the data stored and processed by Click4Assistance can be found by clicking here.

Our one-to-one and group web chats are text-based. Questions and answers appear on a screen between you and our operator(s). You are not able to hear the chat; there is no video or audio. The web chat has been designed to address general queries relating to BiH, our services and product, and we may refer you to other departments within our company should we feel this would be beneficial and help you with your question more effectively.

We will endeavour to answer as many questions as possible in the allotted time, usually between 9am – 4pm (Monday to Friday).

BiH moderates all comments and reserves the right to block, refer as appropriate, and/or not respond to any messages which are considered to be confidential, inappropriate, vulgar, obscene, hateful, fraudulent, unlawful, threatening, discriminatory or defamatory, or for any other reason at the sole discretion of BiH.

 

Taking part in a Live Chat

The live chat tool for the Brain in Hand website is a service brought to you by Click4Assistance and monitored by Brain in Hand staff.

This chat facility is free of charge for users.

The following rules apply for the use of our live chat tool:

Users are solely responsible for any questions, submissions or content posted within the live chat tool. When using live chat, all users are prohibited from:

a) publishing data, texts, images, files, links, software, or any other content that Brain in Hand in particular deems illegal, harmful, threatening, abusive, harassing, slanderous, vulgar, obscene, hate inciting, racist, or in other ways objectionable; harming others in any way; passing off as another person in the chat room(s);

b) entering, publishing, transmitting content by email, or in any other way, if the user is not authorised to pass on this content;

c) entering, publishing, transmitting content by email or in any other way if this violates the rights of third parties, particularly patents, marks, copyrights, business secrets or other ownership rights;

d) entering, publishing, transmitting material or any other content by email or any other way if it contains software viruses or other information, files or programmes designed or apt to interrupt, destroy or restrict the functioning of the computer software and hardware or of telecommunication systems;

e) hampering the technical performance of the live chat tool or from interrupting the ordinary process of communication or in any way impairing the possibility of other users to communicate in real-time;

f) altering, modifying or reverse-engineering any part of the live chat tool;

g) accessing the servers or networks linked to the live chat tool or interrupting these or not complying with regulations, processes or other rules of the networks associated with the live chat tool;

h) using or launching any automated system, including without limitation, “robots” or “spiders”, “load testers” or “DDoS attacks” that seek to send more messages to the live chat server than is possible for a human to send in the given time;

i) harassing, threatening, slandering, importuning, or embarrassing anyone, be it a natural or legal person or personality, or cause this person inconveniences of any kind;

j) using languages other than the one specified for the respective chat room (usually English).

During registration for a Chat, the user is required to enter their first name, which will be used for the duration of the chat and subsequent communications (see Data Policy). Prohibition a) also applies to the inputting of their first name.

In case of breach of these Terms and Conditions, BiH reserves the right to delete the individual’s contribution. In serious cases or in case of recurrence, BiH is entitled to block the user from accessing live chat services temporarily or permanently. It shall be at the sole discretion of BiH to assess the situation leading to a blocked account.

Compliance with these rules shall be monitored by an administrator within BiH. Every user is also authorised to inform us by email in case of suspected violation of the Terms and Conditions for Use.

Every user is responsible for the content and data he/she publishes, and uses the live chat tool at their own risk. To the extent permitted by law, BiH shall not assume any liability for damage or losses of any kind resulting from the use of the chat tool. A cookie will be placed on the service user’s machine and the IP of the device registered against the chat.

No assurance or warranty, express or implied, can be given for the availability and reliability of the chat tool.

Information to users may contain links to third party websites. BiH has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using the chat tool you expressly acknowledge and agree BiH shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.

The present Terms and Conditions for Use may be subject to change at any time. The users of this chat tool are not entitled to assert claims of any kind against BiH. Brain in Hand shall not be liable for any damage caused by the faulty transmission or non-transmission of contributions, irrespective of whether a confirmation of transmission is received or not.

Brain in Hand’s General Terms and Conditions remain hereby unaffected.

DISCLAIMER

Brain in Hand does not promise that the site or any content, service, or feature of the website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the website will provide specific results. The website and its content are delivered on an ‘as-is’ and ‘as-available’ basis. All information provided on the website is subject to change without notice. Brain in Hand cannot ensure that any files or other data you download from the website will be free of viruses or contamination or destructive features. Brain in Hand disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Brain in Hand disclaims any and all liability for the acts, omissions, or conduct of any third parties in connection with or related to your use of the website and/or any brain in hand services. You assume total responsibility for your use of the website and any linked sites. Your sole remedy against Brain in Hand for dissatisfaction with the website or any content is to stop using the website or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

Brain in Hand reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason; (2) to modify or change the website, or any portion of the website, and any applicable policies or terms; and (3) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.