1.1 These Terms and Conditions of Use set out the rights and obligations of users of the

website www.brainingeareducation.co.uk which belong to and are operated by Brain In

Gear Education, a company registered in England under registration number 13690990 

whose registered office is at

Brain in Gear Education

7B Queens Road Design Centre

54-58 Queens Road

Doncaster, DN1 2NH

Phone:

Email:info@brainingeareducation.co.uk

MINORS: SOME PORTIONS OF THE SERVICES ARE NOT INTENDED FOR MINORS,

INCLUDING BRAIN IN GEAR FOR TEACHER AND THE ABOUT BRAIN IN GEAR PAGE.

ALSO, REGISTERING AN ACCOUNT IS DONE THROUGH THE SCHOOL OR TRUST

AND CANNOT BE DONE BY A MINOR.

EDUCATORS: IF YOU ARE AN EDUCATOR, WHETHER IN A PUBLIC OR PRIVATE

SCHOOL OR EDUCATIONAL ORGANIZATION, THEN, YOU ARE REPRESENTING AND

WARRANTING TO US THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS OF

USE ON BEHALF OF YOUR ORGANIZATION AND YOUR STUDENTS.

In consideration of Brain in Gear Education providing access to the Website all use of the

same by anyone accessing the Website is subject to these Terms and Conditions of Use and

all people accessing the Website are deemed to understand and accept these Terms and

Conditions of Use without limitation or qualification. If any person accessing the Website

does not accept these Terms and Conditions of Use, they should immediately desist from

using the Website. Additional terms and conditions may apply to some services offered on this

Website if we post such terms within such services or if we signed a separate agreement with you

for such services. Our applications are also subject to our End User License Agreement

found here. Please contact info@brainingeareducation.co.uk if you have any questions about these

Terms of Use.

1.2 Brain in Gear Education reserves the right to vary these Terms and Conditions of Use from time to

time. Such variations will take effect immediately upon the posting of the varied Terms and

Conditions of Use upon the Website. In continuing to use the Website, any person accessing the

Website is deemed to accept such variations.

1.3 Brain In Gear Education reserves the right to withdraw or modify any aspect of the Website for

whatever reason, whether legal, technical or otherwise without notice. Brain In Gear Education will

not be liable if for any reason the Website are unavailable at any time or for any period.

1.4 From time to time, we may restrict access to some parts of our Website, or our entire Website, to

users who have registered with us.

If any person chooses, or is provided with, a user identification code, password or any other piece of

information as part of Brain In Gear Education’s security procedures, such person must treat such

information as confidential, and must not disclose it to any third party. Brain In Gear Education has

the right to disable any user identification code or password, whether chosen by a user or allocated by

us, at any time, if in our opinion the user has failed to comply with any of the provisions of these

Terms and Conditions of Use.

2 Information, Accuracy and Availability

2.1 Whilst Brain In Gear Education makes every effort to present accurate and reliable material and

information on the Website, it does not endorse, approve or certify any material and information on

the Website as true or accurate, nor does it guarantee the completeness, efficacy or timeliness of such

material and information. Reference to any product, process or service does not constitute nor imply

endorsement or recommendation from Brain In Gear Education unless expressly stated. Accordingly,

Brain In Gear Education does not accept any liability arising from any inaccuracy or omission in the

information provided or in relation to any such product, process or service.

2.2 Furthermore, Brain In Gear Education makes no representations or warranties about the suitability

or accuracy of the information contained in the Website for any purpose. Brain In Gear Education

hereby expressly excludes all warranties and conditions with regard to this information, including, to

the extent enforceable, all warranties and conditions whether express, implied or statutory, of

satisfactory quality, fitness for a particular purpose and non-infringement of third party rights.

2.3 Any persons accessing the Website do so entirely at their own risk.

3 Links to Other Websites

3.1 At certain places on the Website, hypertext links are provided to enable any person accessing the

Website to directly access other third party websites. These third party website contain material or

information created, published and maintained by organisations independent of Brain In Gear

Education. Brain In Gear Education does not endorse, approve, certify or control these external sites,

nor any product or service referred to on them and does not guarantee the accuracy, completeness,

efficacy, or timeliness of any material and information appearing on such websites.

3.2 Brain In Gear Education assumes no responsibility for any consequences resulting from the use of

any material and information contained on the Website or on any linked third party websites and

expressly disclaims all liability for damage arising out of the use, reference to, reliance upon or

performance due to such information.

4 Representations and Warranties

4.1 Persons accessing the Website will not seek to amend anything on the Website or include or create

any link to the Website without Brain In Gear Education’s express written consent.

4.2 Persons accessing the Website will not remove or change any copyright, trademark or other

intellectual property notices contained on any material copied or printed off the Website, or use such

materials for a purpose not envisaged by these Terms and Conditions of Use.

4.3 Persons accessing the Website will indemnify and hold harmless Brain In Gear Education against

all and any loss, damage or expense howsoever incurred by Brain In Gear Education arising from any

non-observance by such person of any of these Terms and Conditions of Use. In addition and without

prejudice to any other remedy that may be available to Brain In Gear Education hereunder, in the

event that any person accessing the Website breaches any of these Terms and Conditions of Use they

will as soon as practicable and at their own cost remedy any such breach.

5 Alerting Brain in Gear Education

If persons accessing the Website see anything on the Website which appears to infringe these Terms

and Conditions of Use, please contact Brain In Gear Education either in writing at Brain in Gear

Education, 7b Queens Road Design Centre 54-58 Queens Road, Doncaster, DNI 2NH, or by emailing

Brain in Gear Education at info@brainingeareducation.co.uk. It is expressly agreed that Brain in Gear

Education reserves the right at its sole discretion and at any time without notice to exclude any person

from accessing the Website including in circumstances where Brain in Gear Education anticipates that

any persons accessing the Website will act other than in accordance with these Terms and Conditions

of Use or establishes that such persons are acting or have acted other than in accordance with these

Terms and Conditions of Use.

6 Intellectual Property & Use of the Websites

6.1 Brain in Gear Education is the owner or the licensee of all Advertise websites (including without

limitation all patents, registered designs, registered trademarks and any applications for such

registered rights, copyright, database rights, unregistered design rights, unregistered trademarks, trade

or business names (including internet domain names) and all other rights of a similar nature or having

equivalent or similar effect to any of the foregoing as in each case may exist anywhere in the world)

in the Website and the materials published on the same. Those works are protected by copyright laws

and treaties around the world. All such rights are reserved.

6.2 Persons accessing the Website may not copy, reproduce, republish, download, post, broadcast,

transmit, make available to the public, or otherwise use the Website content in any way except for

your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work

from any the Website content except for your own personal, non-commercial use. Any other use of

the Website content requires the prior written permission of Brain in Gear Education.

6.3 Persons accessing the Website agree to use the Website only for lawful purposes and in a way that

does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.

Prohibited behaviour includes harassing or causing distress or inconvenience to any person,

transmitting obscene or offensive content or disrupting the normal flow of dialogue within the

Website.

6.4 Brain in Gear Education neither warrants nor represents that any person’s use of the material

displayed on the Website will not infringe rights of third parties.

6.5 Brain in Gear Education’s status (and that of any identified contributors) as the authors of material

on its Website must always be acknowledged.

7 Limitation of liability

7.1 Brain in Gear Education hereby expressly excludes any liability for any direct, indirect or

consequential loss or damage incurred by any user in connection with our Website or in connection

with the use, inability to use, or results of the use of the Website, any websites linked to it and any

materials posted on it, including, without limitation any liability for:

· Loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings,

loss of data, loss of goodwill, wasted management or office time; and for any other loss or damage of

any kind, however arising and whether caused by tort (including negligence), breach of contract or

otherwise, even if foreseeable.

7.2 Brain in Gear Education will not be liable for any failure to perform its obligations under these

Terms and Conditions of Use caused by matters beyond its reasonable control, howsoever arising.

8 Non-excluded Liabilities

Nothing in these Terms and Conditions of Use limit Brain in Gear Education’s liability for death or

personal injury resulting from Brain in Gear Education’s negligence. Brain in Gear Education’s

liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any

other liability which may not be lawfully excluded under applicable law.

9 Viruses, Hacking and Other Offences

9.1 You must not misuse our Website 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 our website, the server on which our website is stored or any server, computer

or database connected to our Website. You must not attack our Website via a denial-of-service attack

or a distributed denial-of-service attack.

9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse

Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate

with those authorities by disclosing your identity to them. In the event of such a breach, your

rights to use our Website will cease immediately.

9.3 We 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

programs, data or other proprietary material due to your use of our Website or to your downloading of

any material posted on it, or on any website linked to it.

10 Contributions

10.1 Where you are invited to submit any contribution to the Website you agree, by submitting your

contribution that such contribution is non-confidential and non-proprietary and you agree to grant

Brain in Gear Education a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to

use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make

available to the public, and exercise all copyright and publicity rights with respect to your

contribution worldwide and/or to incorporate your contribution in other works in any media now

known or later developed for the full term of any rights that may exist in your contribution, and in

accordance with privacy restrictions set out in our Privacy Policy set out below. If you do not want to

grant to Brain in Gear Education the rights set out above, please do not submit your contribution to

the Website.

10.2 Further to paragraph 10.1, by submitting your contribution to either of the Website, you warrant

that your contribution:

is your own original work and that you have the right to make it available to TWAC for all the

purposes specified above, is not defamatory, complies with applicable law in the United kingdom and

in any country from which they are posted; and does not violate, plagiarise, or infringe the rights of

third parties or any third party intellectual property rights, including without limitation copyright,

trademark, trade secrets, right of confidentiality, privacy, publicity, personal or other proprietary

rights; and is accurate (where facts are stated) and you indemnify Brain in Gear Education against all

legal fees, damages and other expenses that may be incurred by Brain in Gear Education as a result of

your breach of the above warranties, and waive any moral rights in your contribution for the purposes

of its submission to and publication on the Website and for the purposes specified above.

10.3 Brain in Gear Education reserves the right to remove from and block contributions to the

Website which are likely to disrupt, provoke, attack or offend others, contains any material which is

obscene, offensive, hateful or inflammatory, contains material which is defamatory of any person are

racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable, contain swear words

or other language likely to offend infringe the law or condone or encourage unlawful activity (this

includes breach of copyright or right of confidentiality, defamation and contempt of court). Advertise

products or services for profit or gain are seen to impersonate someone else or are likely to deceive

any person include contact details such as phone numbers, postal or email addresses are written in

anything other than English. Contain links to other websites describe or encourage activities which

could endanger the safety or well-being of others are considered to be ‘spam’, that is posts containing

the same, or similar, message posted multiple times give the impression that they emanate from Brain

in Gear Education, if this is not the case

10.4 If you breach these Terms of Use or otherwise engage in any disruptive behaviour on the

Website, Brain in Gear Education may use whatever information that is available to it about you to

stop any further such infringements. This may include informing relevant third parties such as your

employer or email provider about the infringement/s. Brain in Gear Education reserves the right to

delete any contribution, or take action against any account, at any time, for any reason including:

Immediate, temporary or permanent withdrawal of your right to use our website, Immediate,

temporary or permanent removal of any posting or material uploaded by you to our Website Issue of a

warning to you.

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. Disclosure of such

information to law enforcement authorities as we reasonably feel is necessary. We exclude liability

for actions taken in response to breaches of this clause 10. The responses described in this clause 10

are not limited, and we may take any other action we reasonably deem appropriate.

11 Entire Agreement

These Terms and Conditions of Use and our Privacy Policy set out below represent the whole

agreement between persons accessing the Website and Brain in Gear Education concerning the

Website and they replace all earlier agreements and understandings between such persons and Brain

in Gear Education. Any person who is not a party to any agreement formed under these Terms and

Conditions of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or

enforce any terms of these Terms and Conditions of Use.

12 Severability

In the event that any term of these Terms and Conditions of Use is held to be invalid or unenforceable

by a court of appropriate jurisdiction, the remaining Terms and Conditions of Use shall remain valid

and enforceable.

13 Law

The English courts will have exclusive jurisdiction over any claim arising from or related to a visit to

our Website. These Terms and Conditions of Use shall be governed by and construed in accordance

with the law of England, Scotland, Wales and Northern Ireland.

15 Privacy Policy

For more information about our privacy policy, click on the ‘Privacy’ link at the bottom of this page.

15.1 Should you receive any enquiries which relate to Brain in Gear Education or its websites you

should promptly refer such enquiries to info@brainingeareducation.com.