Terms of Service Agreement

The term "User" refers to a Visitor, Student, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any BrainBin community.

In order to use, access, or take part in many of our Services, including the Online Courses, you must select a login identification ("User ID") and a unique user password ("User Password") (collectively, a "User Account"). You agree that you will never divulge or share access to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment in any Online Courses.

As a condition of accessing or using any of the Services, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (c) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (d) use BrainBin’s name, trademarks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (e) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts; (f) falsely state, impersonate, or otherwise misrepresent your identity; (g) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (h) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):

that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;

that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information

that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;

that violates the rights of other Users of the Services; or

that violates any applicable local, provincial, national or international law or otherwise advocates or encourages any illegal activity.

The Services are owned and operated by BrainBin and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, video or other lessons, applications, pre-assessments and assessments, quizzes, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of BrainBin and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Canadian and foreign law.

BrainBin logos, trademarks which may appear on the Website(s), throughout the Services and in Online Courses ("Trademarks"), are the property of BrainBin and are protected under Canadian and foreign laws. All other trademarks, and logos used on the Services, with or without attribution, are the trademarks, or logos of their respective owners. 

To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit BrainBin to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and BrainBin, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from Canada or the country in which you reside.

All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

BrainBin uses Stripe as a payment provider and by purchasing any Services through BrainBin you are agreeing to all of Stripe’s terms of service which can be found at the following URL: https://stripe.com/en-ca/legal/ssa 

Services purchased through BrainBin are 1 time payments and must be paid in full using a valid Payment Method. Your Payment Method will be charged at the time that the purchase is made. 

Taxes: When you purchase any Online Course or other Service or product from BrainBin, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that BrainBin determines it is required to collect (“Taxes”). Please note that BrainBin will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize BrainBin to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold BrainBin harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.

Residents of Countries outside the European Union:

If you are a resident of a country outside of the European Union, you are eligible for a full refund for a period of 2 days after the payment is made, unless you have viewed all videos in the course. After this period you agree that BrainBin will not offer refunds on any fees and charges related to your purchase of any products or Services. We do not guarantee refunds for lack of usage or dissatisfaction.

Residents of the European Union:

If you are a resident of the European Union, you are eligible for a full refund for a period of 14 days after the payment is made, unless you have viewed all videos in the course. After this period you agree that BrainBin will not offer refunds on any fees and charges related to your purchase of any products or Services. We do not guarantee refunds for lack of usage or dissatisfaction.

Whilst every effort has been made to ensure that all general descriptions of Services available correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. 

Where appropriate, you may be required to select the required Plan of Services.

We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your order. Service outages that limit or completely remove access to a purchased Service may occur from time to time and you agree to not hold BrainBin liable for these outages. Availability indications are not provided on the Website.

You expressly acknowledge and agree that your use of any of the services and all content is at your sole risk and responsibility. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, that it will not experience outages, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services. You assume all risk of personal injury, including death and damage to personal property, sustained from use of Services.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

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 the Services. You should be aware that you use the Website and its content at your own risk.

Nothing in these Terms of Service excludes or restricts 's 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.

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 of Service and shall not affect the validity and enforceability of the remaining Terms of Service. This term shall apply only within jurisdictions where a particular term is illegal.

You will release, indemnify, defend and hold harmless BrainBin, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services (including Online Courses and trial Online Courses); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to BrainBin. When BrainBin is threatened with suit or sued by a third party, BrainBin may seek written assurances from you concerning your promise to indemnify BrainBin; your failure to provide such assurances may be considered by BrainBin to be a material breach of this Agreement. BrainBin will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of BrainBin choice at its expense. BrainBin will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend BrainBin against any claim, but you must receive BrainBin prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

Notices sent to either Party will be effective when delivered by email, to the official contact designated by the Party to whom a notice is being given. To provide you with notice, BrainBin will: (a) send such notice to the email affiliated with your Website Account; or (b) post such notice to the Website. You are responsible for updating your Website Account to ensure that the email affiliated with your Website Account is current. To provide BrainBin with notice, you will send such notice to the following address:

By Email: contact@brainbin.org

BrainBin may update its contact information by providing you with notice of such updates. 

Choice of Law:

These Terms of Service and any action related thereto will be governed by and construed in accordance with the substantive laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflicts of law principles. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent BrainBin from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. 

Force Majeure:

BrainBin will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation: 

BrainBin may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.

Statute of Limitation: 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: 

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.