Terms of Use

BrainWorks Research and Development Company (“BrainWorks”, “us” or “we”) would like to thank you for your interest in our company and for visiting our website (“Site” or “this Site”). The following conditions set forth the basic rules that govern your use of our Site.

Please read these terms and conditions carefully. If you find the following terms and conditions unacceptable, please leave this site immediately.

1. Agreement

By using this Site, you agree to be bound by the following terms and conditions (“Agreement” or “Terms of Use”). The current terms and conditions will apply every time you visit this Site. Therefore, you should check and read the changes since the last version before using this Site.

2. Modification

We may change the terms and conditions governing your use of this Site at any time. Your use of this Site after such changes means you agree to be bound by the changed terms and conditions. In addition to changes in the terms and conditions, We may change, edit, delete or revise part of the contents in this Site at any time without notice.

3. Restrictions on Use of Site Contents and Intellectual Property

The information, texts, graphics, video files, sounds and links in this Site (hereinafter referred to as the “Contents”) are the property of us and are subject to copyright or other intellectual property protection. Without prior written permission from us, you may not in any way display, distribute, modify, present, copy, repost or sell such Contents, or produce imitations derived from such Contents, or use any of the Contents in other ways for public or commercial purposes. Your visit to or use of this Site is only for obtaining information and education for personal use and for communicating with us. Except as expressly set forth in the Terms, we retains all rights, titles and interest in the Contents of this Site. Any downloading, copying, printing or use of any Contents of this Site does not constitute granting of any ownership right and interest to you.

This Site practises termination of use of this Site by those who repeatedly infringe on the intellectual property rights of others. In addition to the above arrangement (and upon receipt of notification from the relevant copyright owner or its representative about infringement), if you believe that your work has been copied and published and this constitutes copyright infringement, please provide the following information to the copyright agent of BrainWorks:

a. Electronic or physical signature of person authorised to act on behalf of copyright owner;

b. Description of the copyrighted work that you claim has been infringed;

c. Description of where the work that you claim is infringed is located in this Site;

d. Your address, telephone number and email address;

e. Your statement of good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;

f. Your statement, made under the penalty of per jury, that the above information in your notification is accurate, and you are the copyright owner or the agent authorised to act.

Please submit the information via email to the copyright agent of BrainWorks at: info@brainworksrnd.com

4. Compensation

If you violate the restrictions on use in Paragraph 3, you must acknowledge that this will constitute serious unascertainable harm to us. As a reasonable estimation, you must compensate us (USD1,000) per incident.

5. Site Updates

We are under no obligation to update, amend or clarify information (including but not limited to financial information) on this Site. Specified updates or dates of update on this Site should not be taken to mean that all information on this Site have been modified or updated. When accessing information on this Site, please bear in mind that such information does not represent complete information available on this topic. In addition, subsequent events or changes in circumstances may make existing information in this Site incorrect or incomplete. The date indicated in any news release on this Site is an indication of the date that we last modified such information. Other specified dates or dates of update on this Site should not be taken to mean that information in the archived news releases has been updated after the initial release date. We are under no obligation to update, amend or clarify news releases previously published. You shall assume sole responsibility for information on this Site that may become incorrect or incomplete due to subsequent events or changes in circumstances. In addition, this Site may provide links (“Linked Sites”) to websites or resources on the World Wide Web. As we are unable to control such Linked Sites, we shall not be liable for any contents in such Linked Sites; neither should it be taken as endorsing such links. You shall assume sole responsibility for compliance with the privacy and other provisions in the relevant Linked Sites.

6. User Comments and Other Submissions

While we hope to receive feedback from consumers, unless we make a written request, please do not send any creative or original concept, idea, material or product, or confidential or proprietary information to us. All comments, feedback, ideas, suggestions or other information (collectively referred to as “Submissions”) you submit or provide to us through or by means of this Site or otherwise are now and shall remain the property of us. Any Submission disclosed or provided shall constitute a transfer of worldwide rights, titles and interest in the intellectual property of the Submission to us. Therefore, we shall have exclusive ownership of all rights, titles and interest of any Submissions; and we are free to use any Submissions in any way for commercial or other purposes. We are under no obligation to protect confidentiality of any Submissions, or under no obligation to make payment for any Submissions or respond to any Submissions. You agree not to use this Site for illegal or immoral purposes.

7. Registration, Accounts and Passwords

If you set up an account on the Site, you shall be responsible for: (a) maintaining confidentiality of the password and other account information; and (b) any unauthorised use of your password and other account information. We shall not be responsible or liable for any direct or indirect losses or damage as a result of your failure to comply with this provision.

8. Product Availability

The products and related brands in this Site are mainly provided to designated retailers, distributors and licensees in Hong Kong or other regions. You should check with us the availability of its products and/or brands in your designated regions; and we have the right to change the product descriptions and prices or discontinue the products at any time without notice.

9. Resale of Product

This Site was set up for sale of products to end customers. We do not sell products through this Site to anyone who intends to re-sell or export the products.

10. Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site are the registered and/or unregistered trademarks of BrainWorks, its affiliates and others. Nothing contained in this Site or this Agreement serves to indicate that the licence or right of use of any Trademarks displayed in this Site (implied or otherwise) is granted to you without the written permission of us or a third party that may be in possession of the displayed Trademark.

11. Limitations on Liability

By using this Site, you agree that:

a. Your use of this Site is at your own risk;

b. You assume full responsibility for all costs associated with services or equipment maintenance arising from the use of this Site;

c. In any situation, BrainWorks, its affiliates and their suppliers, and other parties involved in the creation and delivery of this Site or Site contents shall not be liable for damages or costs of any kind arising from the use or inability of use of this Site, including without limitation demonstration failure, error, omission, interruption, computer virus, or damage due to network or Internet failure including direct, indirect, special, incidental, economic, compensatory or consequential damages whether based on contract, tort, warranty or other legal or equitable grounds including but not limited to loss of profits, business, goodwill or data or damage to property, even if we has been advised of the possibility of such damages occurring. We reserve the right to change or delete any contents, or suspend or/and terminate your use of this Site at any time for any reason without notice, and shall not be liable for any loss arising from such change and in any way for possible consequences of such change. Since some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, the liability of BrainWorks and its affiliates in such jurisdictions shall be limited to the extent permitted by law.

Contents on this Site are provided “as is”. We make no warranties or representations, either express or implied, on its use, availability, accuracy or performance. You shall solely bear all risks and responsibilities for its use or non-use. We make no representation that the contents displayed on or downloaded from this Site are compatible with your computer, or free from errors or viruses. None of our employees, agents or representatives may modify or amend this warranty. We disclaim all warranties, either express or implied, including but not limited to merchantability or fitness for a purpose, with respect to this Site and Site contents. We may at any time modify or delete the contents of this Site, in part or in whole, without notice.

12. Indemnity

You agree to compensate and indemnify us and hold it harmless from and against any and all damage claims costs and expense, including attorney fees, arising from or related to your use of this Site.

13. Termination

This Agreement remains in force unless and until terminated by you or BrainWorks. You may terminate this Agreement at any time, but the provisions of Paragraphs 3, 4, 6, 7, 11, 12, 14, and 15 shall remain in force even after termination of this Agreement. If at our sole discretion, it is believed that you fail to comply with any terms and provisions in this Agreement, we may at any time and immediately terminate this Agreement without notice and deny you access to this Site. Upon any termination of this Agreement by either you or BrainWorks, you must promptly destroy all information downloaded from or otherwise obtained from this Site, as well as copies of related information (whether the relevant copies are produced according to the terms of this Agreement or otherwise).

14. Choice of Law and Forum; Consent to Electronic Communications

Unless otherwise specified, the contents and information contained in this Site are provided for your convenience. This Site is controlled and operated by our offices in the Hong Kong Special Administrative Region. We make no representation of the appropriateness or availability of any contents or information in the other regions. These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region and be construed accordingly. Any dispute arising from or relating to these terms and conditions or your access or use of this Site shall be subject to the non-exclusive jurisdiction of the courts in the Hong Kong Special Administrative Region. By visiting our Site or sending emails to us, you are communicating with us electronically. You agree to receive electronic communication from us. We will communicate with you by email or through notices issued on this Site. You agree that all agreements, notices, disclosures or other communications provided electronically to you by us satisfy any legal provisions for information provided in writing.

15. Privacy Policy

We are committed to protecting the privacy of the visitors to its Site. For information relating to how we collect, uses or discloses information, please access our Privacy Policy. This Privacy Policy is incorporated into this Terms of Use by reference.

16. Entire Agreement

The provisions and conditions of this Agreement constitute the entire agreement between you and BrainWorks and its affiliates or other related entities related to the use of the Site and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between this Agreement and any future published Terms of Use or understanding, the last published Terms of use shall take precedence.

17. Versions

Should there being any inconsistency between the different language versions, the English version shall prevail.

Last Update: 2019-12-10


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