totalBRAINtotalMIND » Terms & Conditions

GENERAL TERMS AND CONDITIONS

FOR ACCESS TO, AND USE OF, THE totalBRAINtotalMIND WEB SITE.

Revised: 27th. September 2013

 

 

This is a legal contract between totalBRAINtotalMIND Ltd. and the User

(otherwise referred to as you).

 

You acknowledge that you have read this contract and agree to be bound by its terms and conditions.

 

 

PERMITTED USERS AND ACCESS

The totalBRAINtotalMIND Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

 

By using the totalBRAINtotalMIND Web Site, you indicate that you accept the General Terms and Conditions and that you agree to comply with them. Your use of the totalBRAINtotalMIND Web Site will be deemed acceptance of any subsequent revisions to the General Terms and Conditions. If you do not agree with the General Terms and Conditions, or any revisions, you must not use the totalBRAINtotalMIND Web Site.

 

These General Terms and Conditions for use of the totalBRAINtotalMIND Web Site are binding and enforceable against all persons that access the totalBRAINtotalMIND Web Site or any part thereof.

 

DEFINITIONS, SCOPE OF APPLICATION

 

The following General Terms and Conditions (“G T&C”) apply to: use of the totalBRAINtotalMIND Web Site located at www.totalBRAINtotalMIND.com and includes any part or element thereof, including the Online Shop; purchase contracts concluded at the Online Shop; all business relations between totalBRAINtotalMIND Ltd. and its customers; and, any related services provided by totalBRAINtotalMIND Ltd.

 

As used in these G T&C, the term “User”, otherwise referred to as you, means any person who enters or uses the totalBRAINtotalMIND Web Site notwithstanding the fact that you only visited the home page of the totalBRAINtotalMIND Web Site; the term User also includes reference to buyers of e-publication software products at the Online Shop.

 

References herein to the singular includes the plural and vice versa.

 

Any terms of business laid down by you which diverge from these G T&C shall not apply. Any confirmation from you that is based on your own terms of business is expressly refuted.

 

If you breach any provision of this contract, you may no longer use the Web Site. If you use content from the totalBRAINtotalMIND Web Site in breach of the provisions detailed herein: totalBRAINtotalMIND Ltd. reserves the right to claim damages from you; and, totalBRAINtotalMIND Ltd. reserves the right to institute criminal proceedings against you.

 

 

 

 

CHANGES TO THIS CONTRACT

 

totalBRAINtotalMIND Ltd. may, in its sole discretion, change, supplement or amend this contract as it relates to your future use of  the totalBRAINtotalMIND Web Site and the totalBRAINtotalMIND e-publication software products from time to time, for any reason, and without any notice or liability to the you or any other person, by posting a revised contract on the Web Site.

 

You, the User, may not change, supplement, or amend this contract in any manner.

 

 

GENERAL PROHIBITION OF USE AND INTELLECTUAL PROPERTY

 

totalBRAINtotalMIND Ltd. owns or is licensed to use all copyright and other intellectual property rights in and to the totalBRAINtotalMIND Web Site, its design and content, and all technical infrastructure relating to it.

 

Your use of the totalBRAINtotalMIND Web Site, or any totalBRAINtotalMIND e-publication software product, does not transfer to you any ownership or other rights in totalBRAINtotalMIND Web Site, its content, or any  totalBRAINtotalMIND e-publications software product and its content. You may only use the the totalBRAINtotalMIND Web Site and any totalBRAINtotalMIND e-publication software product and its content in the manner described specifically in this contract. Further details regarding conditions of use of the software product are provided in the End User License Agreement (EULA).

 

You agree not to use the totalBRAINtotalMIND name as an element of a domain name or sub domain name. Upon request to do so you shall immediately cease to use such domain name and transfer it to totalBRAINtotalMIND Ltd. at your own cost.

 

All software used on this Web Site and all content included on this Site (including, but not limited to, software, content, trademarks, domain names, design elements, Site design, text, graphics, icons, images, know-how, audio and video and the selection and arrangement thereof, publications, products, data, private information and hyperlinks) is the property of totalBRAINtotalMIND Ltd., or its suppliers, and is protected by international copyright laws.

 

The trade marks and logos (including the totalBRAINtotalMIND logo used and displayed on this Web Site are our registered and unregistered trade marks, or those of others. You may not use these trade marks without our prior written permission or that of the owner(s) of the trade mark(s) in question.

 

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any material contained in the totalBRAINtotalMIND Web Site content in whole or in part, or permit or assist any third party to do the same except to the extent permitted at law (“Restricted Acts”).

 

This excludes the downloading of one copy of extracts from the Web Site on any single computer for your personal, non-commercial home use only. You may print or download the pages of the Web Site for your personal use (subject to the restrictions set out below and elsewhere in these terms and conditions)  provided that you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not remove or alter any visible or non-visible identification, marks, notices, or disclaimers, and no trade mark, copyright or other proprietary notices contained in or appearing on material from our site should be altered or removed in whole or in part.

 

The permission to reproduce material does not extend to material identified as belonging to third parties, where you must obtain the permission of the relevant owners before reproducing such material.

 

Modification of any of the content or use of any of the content for any purpose other than as set out herein (including without limitation on any other Web Site or computer network) is prohibited. You may quote small and reasonable amounts of content available from the totalBRAINtotalMIND Web Site only if such quote is placed in inverted commas and acknowledged.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use the totalBRAINtotalMIND Web Site will cease immediately and you must, at our option, return or destroy any and all copies of the materials you have made.

 

Subject to the rights licensed to the User in the End User Licence Agreement (EULA) for the totalBRAINtotalMIND Ltd. e-publication software product, and its content, all other rights to intellectual property on the TotalBRAINtotalMIND Web Site are expressly reserved.

 

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any material contained in any totalBRAINtotalMIND e-publication software product, in whole or in part, or permit or assist any third party to do the same except to the extent permitted at law (“Restricted Acts”). Further details regarding conditiond of use of the software product are provided in the End User License Agreement (EULA).

AVAILABILITY OF THE WEB SITE AND ITS SERVICES

According to the current state of the technology the data communication on the Internet cannot be guaranteed perfectly and any time availably. totalBRAINtotalMIND Ltd. does not provide any guarantee or warranty with respect to the availability of its services. You  acknowledge that the totalBRAINtotalMIND Web Site and may be unavailable due to updates or other causes beyond the reasonable control of totalBRAINtotalMIND Ltd. including, but not limited to virus infection, power failure or other “acts of God”. totalBRAINtotalMIND Ltd. shall not accept any liability for defects that are beyond its control.

totalBRAINtotalMIND Ltd. may limit access to its services if such limitation is required for the safety and reliability of the net, the integrity of the network, in particular the prevention of serious disruptions of the network, the software or stored data.

Links to the totalBRAINtotalMIND Web Site

 

You may link to material on the totalBRAINtotalMIND Web Site, provided you do so in a way that is fair and legal and does not damage totalBRAINtotalMIND Ltd’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

the totalBRAINtotalMIND Ltd. reserves the right to withdraw linking permission without notice. The Web Site/service from which you, the User,  are linking must comply in all respects with the standards set out in these General Terms and Conditions.

 

Links to the totalBRAINtotalMIND Web Site from any other source shall be directed at the home page of the totalBRAINtotalMIND Web Site. totalBRAINtotalMIND Ltd. shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the totalBRAINtotalMIND Web Site, if such content was accessed through a hyperlink not directed at the home page of the totalBRAINtotalMIND Web Site. Users that wish to link to content beyond the home page of the totalBRAINtotalMIND Web Site shall do so at their own risk and indemnify totalBRAINtotalMIND Ltd.against any loss, liability or damage that may result from the use of content from the totalBRAINtotalMIND Web Site, if such content was accessed through a hyperlink not directed at the home page of the totalBRAINtotalMIND Web Site.

totalBRAINtotalMIND Ltd. non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

 

Apart from bona-fide search engine operators and use of the search facility provided on the totalBRAINtotalMIND Web Site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the totalBRAINtotalMIND Web Site for any purposes, without the prior written consent of totalBRAINtotalMIND Ltd.

 

Links from the totalBRAINtotalMIND Web Site to third party Web Sites

 

The totalBRAINtotalMIND Web Site may include links to third party Internet Web Sites which are controlled and maintained by others. These links are included solely for your convenience and do not constitute any endorsement by totalBRAINtotalMIND Ltd. of the sites to which it is linked or to which it referrs.  totalBRAINtotalMIND Ltd. does not have any control over the content of any such sites and shall not be liable, in any manner whatsoever, for the access to, inability to access content available on or through such target sites. totalBRAINtotalMIND Ltd. shall not be liable for such content and pages whatsoever. Only the providers of such pages shall be liable for the content of such pages.

 

Viruses, Computer Misuse and other Offences

 

You must not misuse the totalBRAINtotalMIND Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to totalBRAINtotalMIND Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Sites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. totalBRAINtotalMIND Ltd.  may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Web Site will cease immediately.

 

totalBRAINtotalMIND Ltd. will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the totalBRAINtotalMIND Web Site or to your downloading of any material posted on it, or on any Web Site linked to it. You should ensure that you have appropriate protection against viruses and other security arrangements in place when using the internet.

 

 

WHAT OBLIGATIONS DO YOU HAVE UNDER THE GENERAL TERMS & CONDITIONS (G T&C) ?

 

Compliance with the G T&C

 

You must comply with the G T&C

 

Expenses, equipment and software

 

You are solely responsible for paying all expenses you may incur when you access or use the totalBRAINtotalMIND Web Site service or access or download totalBRAINtotalMIND Web Site Content including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use totalBRAINtotalMIND Web Site service. totalBRAINtotalMIND Ltd. is not responsible if your equipment or software is not compatible with any totalBRAINtotalMIND Web Site service.

DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION.

totalBRAINtotalMIND Ltd. makes no additional warranty

 

The totalBRAINtotalMIND Web Site is provided by totalBRAINtotalMIND Ltd. in good faith and totalBRAINtotalMIND Ltd. shall take all reasonable steps to ensure the quality and accuracy of content available from the totalBRAINtotalMIND Web Site. However, totalBRAINtotalMIND Ltd. does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the totalBRAINtotalMIND Web Site, or the content, or any Web Sites to which the totalBRAINtotalMIND Web Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law. totalBRAINtotalMIND Ltd. provides the totalBRAINtotalMIND Web Site service “as is”, “with all faults” and “as available”. totalBRAINtotalMIND Ltd. does not make any warranties or representation that content, software products and services available from the totalBRAINtotalMIND Web Site will in all cases be true, correct or free from any errors. totalBRAINtotalMIND Ltd. does not warrant the completeness or accuracy of the information published on the totalBRAINtotalMIND Web Site. totalBRAINtotalMIND Ltd. excludes any implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. totalBRAINtotalMIND Ltd. does not guarantee the accuracy or timeliness of information available from the services.

 

The contents of the totalBRAINtotalMIND Web Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. You are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the totalBRAINtotalMIND Web Site.

 

You acknowledge and agree that computer and telecommunications systems are not fault free and that occasional periods of downtime occur. totalBRAINtotalMIND Ltd. cannot guarantee the services will be uninterrupted, timely, secure or error-free. totalBRAINtotalMIND Ltd. and our affiliates, distributors and vendors give no express warranties, guarantees or conditions.

 

The totalBRAINtotalMIND Web Site and totalBRAINtotalMIND Ltd. e-publication software products have not been compiled to meet your individual requirements. It is your responsibility to satisfy yourself, prior to entering into this agreement with totalBRAINtotalMIND Ltd., that the content, products and services available from and through the totalBRAINtotalMIND Web Site meet your individual requirements and is compatible with your computer hardware, related equipment, and/or software.

 

To the maximum extent permitted by applicable law totalBRAINtotalMIND Ltd. excludes all representations, warranties and conditions relating to the totalBRAINtotalMIND e-publication software products made available through this site (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

 

 Limited warranties

 

totalBRAINtotalMIND Ltd. does not warrant that the totalBRAINtotalMIND Ltd. e-publication software products and/or totalBRAINtotalMIND Web Site Content are free of viruses, bugs, or anything else which may be harmful or destructive. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy its particular requirements for the accuracy of data input and output.

 

Limitation of totalBRAINtotalMIND Ltd. Liability

To the extent permitted by law, totalBRAINtotalMIND Ltd. hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of  the totalBRAINtotalMIND Web Site content (including but not limited to the totalBRAINtotalMIND Ltd. e-publication software products), the totalBRAINtotalMIND Web Site and/or any Web Site to which the totalBRAINtotalMIND  Web Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

 

In addition,  totalBRAINtotalMIND Ltd. will not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise) arising out of or in connection with the your (the Users) use or any other persons use of totalBRAINtotalMIND Web Site service and/or in connection with totalBRAINtotalMIND  Web Site Content under the G T&C:

negligence;

loss of data;

loss of revenue or anticipated profits;

loss of business;

loss of opportunity;

loss of goodwill or injury to reputation;

losses suffered by third parties; or

any indirect, consequential, special or exemplary damages arising from the use of totalBRAINtotalMIND Web Site Service and/or in connection with totalBRAINtotalMIND Web Site Content regardless of the relevant form of action.

 

Nothing in the G T&C limits or excludes either party’s liability for:

death or personal injury caused by its negligence;

fraud or fraudulent misrepresentation; or

any other liability which cannot be excluded or limited under applicable law.

 

If the damage sustained by you results from loss of data, totalBRAINtotalMIND Ltd. shall not be held liable if such damage would have been avoided if you had regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.

 

You, the User, (and not totalBRAINtotalMIND Ltd.) assumes the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the totalBRAINtotalMIND Web Site or the totalBRAINtotalMIND Ltd. e-publication software products.

 

If the liability of totalBRAINtotalMIND Ltd. is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

Release

You hereby release, remise and forever discharge each of totalBRAINtotalMIND Ltd. and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising in the absence of negligence on their part, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the totalBRAINtotalMIND Web Site or totalBRAINtotalMIND Ltd. e-publication software products.

 

Indemnity

You agree to indemnify hold harmless and defend each of totalBRAINtotalMIND Ltd. and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “indemnified parties”) from and against any and all damages, claims, demands, liabilities (including liability to third parties), losses, expenses and costs, including without limitation reasonable legal fees and costs, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with the your use, of the totalBRAINtotalMIND Web Site or totalBRAINtotalMIND Ltd. e-publication software products, or arising out of any breach of the terms and conditions. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand.

 

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Contract survive indefinitely after the termination of this Contract.

THE CONTRACT DOCUMENT

 

These terms and conditions constitute the entire agreement between totalBRAINtotalMIND Ltd. and you, and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by totalBRAINtotalMIND Ltd. from you.

 

totalBRAINtotalMIND Ltd. makes no provision for separate contract documents based on these G T&C. totalBRAINtotalMIND Ltd. shall not therefore store “the contract document” that specifically relates to you personally.

 

Nothing in the G T&C will be construed as creating a partnership, joint venture or agency relationship between the totalBRAINtotalMIND Ltd. and you, the User.

 

The G T&C are for the benefit of totalBRAINtotalMIND Ltd.  and you, the User, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to the G T&C is not subject to the consent of any third party

 

If any part of the G T&C is proven to be invalid, unenforceable or illegal, then that provision shall be deemed to be severed from the rest of this Contract and it shall not affect the validity and enforceability of any remaining provisions. In any such case, the parties shall negotiate an agreement on a clause to substitute the ineffective provision and that reflects the content of the original provision as closely as possible. The above regulation shall also apply to possible loopholes.

 

Any failure or delay by totalBRAINtotalMIND Ltd. in exercising its rights under any provisions of the G T&C no way constitute a waiver of such right or provision.

 

BREACHING THE GENERAL TERMS AND CONDITIONS

 

totalBRAINtotalMIND Ltd. will determine, in its discretion, whether there has been a breach of the G T&C through your use of the totalBRAINtotalMIND Web Sites or the totalBRAINtotalMIND Ltd. e-publication software products. When a breach of the G T&C has occurred, totalBRAINtotalMIND Ltd. may take such action as it deems appropriate.

 

Failure to comply with the G T&C constitutes a material breach of the terms and conditions of use upon which you are permitted to use the totalBRAINtotalMIND Ltd. Web Site or its e-publication software products, and may result in totalBRAINtotalMIND Ltd. taking all or any of the following actions:

 

* immediately, temporary or permanently, withdrawal of your right to use the totalBRAINtotalMIND Web Site or

its e-publication software products.

* issue of a warning to you.

* institute legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not

limited to, reasonable administrative and legal costs) resulting from the breach.

* institute further legal action against you.

 

To the extent permitted by law, totalBRAINtotalMIND Ltd. excludes liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and totalBRAINtotalMIND Ltd.  may take any other action it reasonably deems appropriate.

 

Any failure or delay by totalBRAINtotalMIND Ltd. in exercising its rights under any provisions of the G T&C in no way constitute a waiver of such right or provision.

 

TERMINATION OF THIS CONTRACT

 

If this contract or your permission to use the totalBRAINtotalMIND Web Site and/or the totalBRAINtotalMIND Ltd. e-publication software products is terminated by you or totalBRAINtotalMIND Ltd. for any reason, this contract will nevertheless continue to apply and be binding upon you, the User, in respect of your prior use of the totalBRAINtotalMIND Web Site and the totalBRAINtotalMIND Ltd. e-publication software product and anything connected with, relating to or arising from those matters.

 

OTHER MATTERS

 

The provisions of this Contract will ensure to the benefit of and be binding upon each of totalBRAINtotalMIND Ltd. and you and you heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Contract or your rights and obligations under this Contract without the express prior written consent of totalBRAINtotalMIND Ltd., which may be withheld in totalBRAINtotalMIND Ltd.’s sole discretion. totalBRAINtotalMIND Ltd. may assign this Contract and its rights and obligations under this agreement without your consent.

 

No waiver, express or implied, by either party of any breach of or default under this Contract will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

 

You and totalBRAINtotalMIND Ltd. are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Contract or your use of the totalBRAINtotalMIND Web Site or totalBRAINtotalMIND Ltd.’s e-publication software products.

 

Any rights not expressly granted by this Contract are reserved to totalBRAINtotalMIND Ltd.

 

CHANGES TO THESE GENERAL TERMS AND CONDITIONS

 

totalBRAINtotalMIND Ltd. reserves the right to change, modify, add to or remove from portions or the whole of the G T&C from time to time. Changes to the G T&C will take effect upon such changes being posted on to this Web Site. It is your obligation to periodically check the G T&C for changes or updates. Your continued use of totalBRAINtotalMIND Web Site following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by the G T&C, including such changes and updates.

 

 

LEGAL COSTS RELATING TO THESE GENERAL TERMS AND CONDITIONS

 

totalBRAINtotalMIND Ltd. shall not be liable for costs incurred by you obtain professional advice relating to the G T&C.

 

JURISDICTION AND APPLICABLE GOVERNING LAW

 

The totalBRAINtotalMIND Ltd. Web Site is controlled and operated from England and therefore the G T&C will be governed by the laws of England and Wales and both parties submit to the non-exclusive jurisdiction of the courts of England and Wales in the event of any claim or dispute in connection with the G T&C. You acknowledge that that by using the totalBRAINtotalMIND Web Site you waive any claims against the totalBRAINtotalMIND Ltd. that may arise under the laws of other countries or territories located outside of the England and Wales.

 

 

totalBRAINtotatMIND Ltd. 2013. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED

 

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