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Terms of Use and Privacy Policy

Terms of use

Use of Site

The content of the b.rain website and its individual pages is for your general information and use only. It is subject to change without notice. Accessing this site implies that you agree to our Terms of Use, as well as that you are familiar with our Privacy Policy and Disclaimer. These documents might be amended from time to time and it is each user’s responsibility to check back regularly. Our terms of use apply to the b.rain website only. Other websites linked to or from this site, as well as other services or companies referring to have their own terms and conditions, which might not necessarily coincide with ours.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you.

Our Services

Our website and its related services are provided on an “as is” basis. b.rain is the owner of this website and exclusively reserves all associated rights and may (at any time and without notice and any liability to its users) modify or discontinue this website and its services and / or delete the data provided – whether temporarily or permanently. b.rain shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

Third-Party Services

Goods and services of third parties may be advertised and / or be made available on or through this website. Representations made regarding products and services provided by third parties are governed by their own policies. We shall not be liable or responsible for any dealings or interaction with third parties.

Content

This website may contain content that may be objectionable. b.rain is not responsible for viewpoints differing from that of our users. All information or data of any kind (including, but not limited to, text, images / graphics, videos, music / sound files and software / code), publicly or privately provided, shall be the sole responsibility of the person providing the content or the person whose user account is used.

Submission of Content

By providing any content to our website:

  1. You agree to grant to b.rain a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display / publish, reproduce / distribute, modify / adapt, promote, archive and translate the content. This includes creating derivative works and compilations thereof – in whole or in part. Such license will apply with respect to any form, media and technology known or later developed;
  2. You warrant that you have all legal, moral and other rights that may be necessary to grant us with the right / license as above;
  3. You acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason – with or without notice.

Prohibitions

  1. Copying, reproducing, republishing or distributing the website and associated content, including the layout, design elements, images and text. This also applies to ‘deep-linking’, ’embedding’ or the use of analogous technology.
  2. Providing any content or perform any conduct that may be unlawful / illegal, harmful / abusive / tortuous, threatening / harassing / stalking, defamatory, libellous, offensive / objectionable or vulgar / obscene / pornographic. This includes content or actions designed to (or which do) interfere with or interrupt this website or any service provided; content infected with a virus or other destructive or deleterious programming routine; content giving rise to civil or criminal liability; or content / actions which may violate an applicable local, national or international law, including (but not limited to) laws relating to copyrights, trademarks, patents or trade secrets.
  3. Providing or using this website and any content or service in any commercial manner or in any manner that would involve junk mail, spamming, chain letters, pyramid schemes, or any other form of unauthorised advertising without our prior written consent.
  4. Impersonating or misrepresenting your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you.
  5. Collecting or harvesting any data about other users.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with this website. We may investigate any complaints or reported violation of these terms of use and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to users’ access and / or removing any materials from the website.

Indemnification

You agree to indemnify and hold us (including our directors, employees, agents, affiliates, partners, independent contractors, advertisers and co-branders) harmless from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of conduct or connection with this website or service, your provision of content, your violation of these terms and conditions or any other violation of the rights of another person or party.

Law

Our terms of use will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute. However, we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Miscellaneous

  1. In the event that these terms of use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms of use will remain valid and intact.
  2. Failure of either party to assert any right under these terms and conditions shall not be considered a waiver of that party’s right and that right will remain in full force and effect.
  3. You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.

Disclaimer

Information and views furnished on this website might be of a general nature and might be open to differing interpretations. Professional advice should be taken before taking any action using such information

While we endeavour to keep the content up to date and the website running smoothly, b.rain is not responsible or liable for the accuracy, completeness, legality, reliability, operability or availability of information or material displayed on this site, nor for access to the website or parts thereof.

All information, materials, products and services (whether displayed as text or graphics) included on this website are provided “as is”, with no warranties – except where expressly otherwise stated. b.rain also disclaims any warranties for products or services advertised on this site by third parties.

b.rain cannot assume any liability, obligation or responsibility for any direct, indirect, general, special, incidental or consequential damages (including, without limitation, lost data, revenues or profit) which may result from the inability to use, the correct / incorrect use, downloading, abuse or misuse of the website and / or its content – even if we have been informed of the possibilities of such damages.

Privacy policy

The information contained in this site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site.

Accordingly, the information on this site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a b.rain professional.

While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, b.rain is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

In no event will b.rain, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Certain links in this site connect to other websites maintained by third parties over whom b.rain has no control. b.rain makes no representations as to the accuracy or any other aspect of information contained in other websites.