Content disclaimer
While Brain-Building Programme (Pty) Ltd strives to keep the content on it’s websites and in it’s applications comprehensive, accurate, and current, Brain-Building Programme (Pty) Ltd cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content since some of the information, statements and advice are made available by third parties.
Furthermore, the levels of learning that is achieved using the Brain-Building Programme is largely dependent on how it is implemented and on the individuality of each child that is participating in the Programme.
Terms and Conditions of Use
Effective date: 9 March 2024
Before using or subscribing to any of Brain-Building Programme (Pty) Ltd’s services or products please read these terms and conditions carefully, they are the rules that are applicable to all of Brain-Building Programme (Pty) Ltd’s services and/or products. Also, please read our Privacy Policy in full before subscribing.
By subscribing to or using any of Brain-Building Programme (Pty) Ltd’s services or products The Subscriber is agreeing to the terms and conditions outlined here. If The Subscriber does not agree to abide by all of the terms and conditions outlined herein please do not subscribe to or purchase any of Brain-Building Programme (Pty) Ltd’s services and/or products.
Brain-Building Programme (Pty) Ltd is the owner and operator of the Brain-Building.co.za reading programme, which is found on www.brain-building.co.za. By registering an account and/or purchasing a subscription or making use of our website The Subscriber acknowledges and agrees to the terms and conditions set forth in these terms of use.
In these Terms, ‘The Subscriber’ refers to Adult Users of the services and/or products. Here an Adult is a person of legal age, who can enter into a contract. When purchasing a subscription and/or product, registering an account or using the Brain-Building Programme (Pty) Ltd’s products or services, The Subscriber represents and warrants that The Subscriber is the Adult, and that The Subscriber will be responsible for ensuring that any child or student authorised by The Subscriber to use and access the Services does so in accordance with these Terms and in accordance with our suggested methodologies in our Getting Started section.
1. Arbitration
The Subscriber waives the ability to bring any claims against Brain-Building Programme (Pty) Ltd in a court of law, including in a class action format. Instead, The Subscriber agrees to arbitrate any disputes with Brain-Building Programme (Pty) Ltd, rather than bringing claims in a court of law.
2. Subscription payment and renewal
By subscribing to or using any of Brain-Building Programme (Pty) Ltd’s products and/or services, and/or registering an account with Brain-Building Programme (Pty) Ltd The Subscriber authorises Brain-Building Programme (Pty) Ltd to charge the payment mechanism that The Subscriber selected upon registration each month or annually, depending on the term that The Subscriber selected upon registration.
In addition, The Subscriber agrees to The Subscriber’s subscription renewing automatically on the renewal date, which is the annual or monthly anniversary of the initial subscription date, dependent on what The Subscriber selected upon registration, until such time as The Subscriber cancels The Subscriber’s subscription.
3. Subscription fees
Subscription fees are charged in advance and not in arrears.
Subscription fees are subject to an annual increase in January each year. Emails are sent out to clients to remind them of increases in advance.
Brain-Building Programme (Pty) Ltd may run special marketing events that offer a limited time only, drop in price for new subscribers. In such events existing subscribers are not entitled to the benefit of any promotions after The Subscriber has already subscribed.
The failure to pay The Subscriber’s subscription fees will result in The Subscriber’s subscription being locked and The Subscriber will be unable to access or use the services of Brain-Building Programme (Pty) Ltd. Should the fees not be paid for more than one week, are it is due, The Subscriber may lose all progress through the system. This progress is not recoverable.
The Subscriber’s payment mechanism may need to be verified when first subscribing. This verification process could initiate a small authorisation, normally $1, to The Subscriber’s pay mechanism. This charge will be reversed by The Subscriber’s bank within the required time.
Should The Subscriber’s subscription payment be declined due to insufficient funds or for any other reason, we reserve the right to attempt to recharge The Subscriber’s pay mechanism. In such a case any additional banking fees or penalties will be solely for The Subscriber’s account.
In the processing of payments, we use a third-party service provider. In the event that this third-party payment processor experiences a data breach that affects The Subscriber’s information, through no fault of Brain-Building Programme (Pty) Ltd, The Subscriber acknowledges and agrees that Brain-Building Programme (Pty) Ltd will not be held liable or responsible and this will not be considered a breach of this contract in any way.
Payment mechanisms that are accepted by us include Payfast.
By subscribing The Subscriber authorises us to charge The Subscriber the recurring subscription fees, including taxes, either monthly or annually, through the payment mechanism The Subscriber selected during registration, until such time as The Subscriber cancels The Subscriber’s subscription. Cancellations of subscriptions must be done timeously and in accordance with point 4 below in order to avoid any further subscription charges.
All prices quoted for products and/or services are inclusive of tax.
4. Cancellation of your subscription
Subscriptions can be cancelled at any time in the Parent Area section of The Subscriber’s profile. Cancellations have a processing period of 10 working days. To avoid future charges please cancel The Subscriber’s subscription at least 10 working days prior to the next billing date.
Subscription services will remain available to The Subscriber after cancellation until the period for which The Subscriber has paid for is passed. Brain-Building Programme (Pty) Ltd does not refund subscription fees for either full or partial subscription periods.
5. Account access and passwords
The Subscriber is responsible for maintaining the complete confidentiality of The Subscriber’s account information and passwords.
The Subscriber hereby agrees that all the information provided during the registration process is accurate and complete. The responsibility of keep information updated falls upon The Subscriber.
Should there be any unauthorised activity or use in The Subscriber’s account The Subscriber agrees to notify us immediately in writing by emailing support@brain-building.co.za.
The Subscriber further agrees not to share, transfer or sell the account or login details with/to anyone else.
The Subscriber acknowledges that Brain-Building Programme (Pty) Ltd is not responsible in any way for any losses that might incur due to unauthorised use of The Subscriber’s account and/or password.
In the event that Brain-Building Programme (Pty) Ltd suspects that there is unauthorised or ineligible use on The Subscriber’s account Brain-Building Programme (Pty) Ltd may request authorisation or status checks that could result in the deactivation of the account without notice.
6. Ownership
Brain-Building Programme’s website, applications and services are owned by Brain-Building Programme (Pty) Ltd. All rights and title to the content available on the website or application, including the website’s design, the corporate look and feel, the trademarks, and trade names and the URLs, are the property of Brain-Building Programme (Pty) Ltd and are protected by copyright, trademark, or other proprietary rights and laws. Content here includes all user interfaces, visual interfaces, text, graphics, logos, sounds, music, artwork, and computer code displayed on or available through the website or the application.
7. License to use content
Brain-Building Programme (Pty) Ltd grants The Subscriber a limited, non-transferable, revocable license to access, use and print (where printing is available), the content on our website and application, exclusively for personal and non-commercial purposes, subject to The Subscriber’s compliance with these Terms and Conditions and The Subscriber’s payment of subscription fees. This license does not include any ownership of any intellectual property owned by Brain-Building Programme (Pty) Ltd. No Content may be used, posted, distributed, copied, reproduced, uploaded, or publicly displayed, translated or otherwise used or exploited for any purpose whatsoever, without the written consent of Brain-Building Programme (Pty) Ltd.
8. Trademark Notices
All trademarks, logos and designs used on the website or application, whether registered or unregistered, are owned by Brain-Building Programme (Pty) Ltd. The Subscriber may not display or use any of these logos, designs or trademarks without the prior written consent of Brain-Building Programme (Pty) Ltd.
9. Disclaimer of Representations and Warranties
- a. Use of the Brain-Building Programme (Pty) Ltd products and/or services is at The Subscriber’s sole risk.
- b. All of the Brain-Building Programme (Pty) Ltd products and/or services are provided on an “as available”, “as is”, and “with all faults” basis. Therefore, we, our employees, officers, directors, members, agents, managers and shareholders, hereby to the maximum extent permissible by the law, disclaim and make no promises, representations, endorsements or warranties express or implied, as to the following:
- i. whether any defects in the Brain-Building Programme (Pty) Ltd’s products and/or services will be repaired by a specific time or whether a particular product or service will be available at a particular time; and
- ii. whether the Brain-Building Programme (Pty) Ltd products and/ or services, including all content of our products and/or services, or the servers that make the services available, are free from any viruses, trojan horses or other harmful components that could impact The Subscriber’s internet device in an adverse manner;
- iii. whether The Subscriber’s use of the Brain-Building Programme (Pty) Ltd’s products and/or services is lawful in any particular jurisdiction.
10. Limitations of Liability
The Subscriber hereby acknowledges and agrees that, in no event will Brain-Building Programme (Pty) Ltd and/or it’s shareholders, managers, employees, agents, officers, directors or contractors be liable for any loss or damages of any kind, including but not limited to:
- Any damage to any user’s modem, computer, hardware, software, and/or other equipment or technology. This includes any damage from any security breach, tampering or fraud, defect, from any virus, omission, error, interruption, network failure or any other technical or other malfunction, including losses or damages in the form of equipment failure or malfunction, loss of data, inaccuracy of results, or lost profits, loss of goodwill and work stoppage.
- The failure of a child user to benefit or learn from his or her use of the Brain-Building Programme (Pty) Ltd products and/or services.
These limitations will apply even if circumstances, events or potential problems were foreseeable and if Brain-Building Programme (Pty) Ltd should have known of the possibility of such damages and/or losses, or were advised of these possibilities, regardless of whether The Subscriber brings an action of strict liability, contract or negligence (including whether caused, in whole or in part, by negligence, telecommunications failure, force majeure, or the destruction of the services).
11. Termination and suspension
Brain-Building Programme (Pty) Ltd reserves the right to terminate or discontinue The Subscriber’s access to any products and services, including all user-generated content, at any time, without notice, for any reason and without any obligation to The Subscriber or any third party. Such termination or suspension will not affect The Subscriber’s obligations to Brain-Building Programme (Pty) Ltd, including The Subscriber’s payment obligations to Brain-Building Programme (Pty) Ltd, and in such an event, The Subscriber will not be entitled to a refund of any payments. Upon termination or suspension, of The Subscriber’s access to the products and services, or upon notice from Brain-Building Programme (Pty) Ltd, The Subscriber’s License to use the Brain-Building Programme (Pty) Ltd products and services will terminate immediately.
12. Updates to Terms and Conditions of Use
Brain-Building Programme (Pty) Ltd reserves the right to update and/or modify these Terms and Conditions, or to add additional Terms and Conditions from time to time, at our sole discretion. The Subscriber agrees that in such an event the updated Terms and Conditions of Use will be effective immediately upon them being posted on our website. The Subscriber furthermore agree that the only alert required to notify The Subscriber of these changes is to have an alert displayed next to the link to the Terms and Conditions of Use on the website. Should The Subscriber continue to use the Brain-Building Programme (Pty) Ltd products and services after 7 (seven) days of the updated Terms and Conditions of Use, The Subscriber agrees to comply with, and be bound by the updated Terms and Conditions of Use.
13. Contact Us
Brain-Building Programme (Pty) Ltd is based in Johannesburg, South Africa, 39 Jan Frederick Avenue, Randpark Ridge. We can be reached on support@brain-building.co.za.
