1. Our service
Our e-learning platform is an innovative and cultural e-learning platform committed to delivering high quality, relevant educational resources to students under the ages of twelve in the Caribbean and is operated by Brain Spark Ltd. We provide online courses and other such services (“the Services”). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
2. Our role
Our e-learning platform provides curriculum aligned materials designed to meet the educational standards for primary school students ensuring that the content is both comprehensive and engaging. In addition to academic subjects, Brain Spark Ltd. offers a variety of courses focused on personal development, catering to the holistic growth of students. Brain Spark Ltd aims to enhance the learning experience and support the academic and personal success of students in the Caribbean.
3. Registration and qualification to use the Services
3.1 You are required to register with us by completing the registration form on our registration page and submitting it to us. Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to sign up for the Services .By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
If you are a friend, colleague, employee, parent, guardian, representative or other natural person who is accessing the services of Brain Spark Ltd., you consent to your child using the services of the e-learning platform and, for all purposes including but not limited to being held liable for indemnification in case of any direct, indirect or consequential damages to Brain Spark Ltd.
Any individual who is unable to form legally binding contracts is prohibited from using the Services unless with the written consent and authorization of a contracting adult who will accept all liability on behalf of the minor.
3.2 We will also provide you with log in details to our e- learning platform and will also manage your access to the services and provide support to you, where necessary. You will also be able to sign up using your Facebook and Google accounts.
3.3 You shall not copy, modify, transmit, distribute or in any way exploit the Services or any other copyrighted materials provided other than for individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the services or any other copyrighted materials.
We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.
3.4 You shall only use the e-learning platform to access the services for individual training.
3.5 On occasions certain individuals and members will be refused access to the services. Such suspensions shall be within our sole discretion.
4. Course Access Duration
Access to the purchased course will be granted for one year. During this period, any updates or changes made to the course will be available to the Registrant at no additional cost.
5. Information you provide
5.1 You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example during the registration.
5.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details.
6. Security
6.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
6.2 We use third party services to secure and protect your credit card information. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you are finished using our services.
7. Availability of site
While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions.
8. Payment
8.1 All registrants must pay a registration fee. We will invoice monthly for the Services provided. All payments must be received by us within fourteen (14) days from the date of invoice.
8.2 All registrants must pay for the services using credit or debit cards, cheques or banker’s drafts. However the method of payment shall be left to the discretion of the registrant in each case. Payments shall be received in the currency specified on the website and all prices are exclusive of VAT and other applicable taxes, delivery charges, insurance, bank fees and transaction fees.
9. Privacy Policy
We take privacy issues seriously. Our current privacy policy covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our privacy policy.
10. Privacy Policy
Brain Spark Ltd. has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
10.1 act inconsistently and in breach of these terms and conditions;
10.2 at any time violate or attempt to violate any rights of any other user of the Services or third party;
10.3 are engaged in any fraudulent activity; or
10.4 fail to make any payments due to us in accordance with these terms.
10.5 we may terminate your subscription immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions. You may terminate your subscription at any time on thirty (30) days notice to us.
10.6 any rights that have accrued to either party at the date of termination will remain enforceable after termination.
11. Compliance with laws
You agree to comply with all applicable laws, statutes and regulations of Grenada concerning your use of the Services.
12. General release
12.1 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
12.2 Your acceptance of these terms and conditions also acts as a general release of Brain Spark Ltd. and any of its subsidiaries (and all of its officers, directors, agents and employees) from any liability for any claims, loss or damages, arising out of or in any way connected to your use of the Services and our website.
12.3 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Brain Spark Ltd, howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
12.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13. Trade marks
Brain Spark Ltd. is the proprietor of all rights, title and interest in intellectual property rights relating to the services including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof). All other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Brain Spark Ltd. .No permission is given by Brain Spark Ltd. in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
You may not copy, reproduce, modify, distribute, transmit, republish, display or perform for commercial use.
While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same.
14. Notices
Except as otherwise stated, any notices you wish to send to us should be emailed to info@brainsparkcaribbean.com. Any notices that we may wish to draw to your attention will be displayed on our website.
15. Applicable law
Each and every transaction carried out on or as a result of the Services is deemed to be completed within Grenada and therefore shall be governed by and interpreted in accordance with the law of Grenada. The terms of these rules (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of Grenada and the courts of Grenada shall have exclusive jurisdiction in relation to it.
16. Events beyond our control
Brain Spark Ltd. will not be in breach of these rules or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
17. Events beyond our control
If any part of the terms of these rules are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18. Entire agreement
These rules, together with any document expressly referred to within their provisions, contain the entire agreement between us relating to the subject matter covered and supersede any previous rules, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.