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Terms & Conditions
1.
APPLICABILITY
1.1
All offers, orders, purchases and/or sales of products and services of the The Global Approach Ltd trading as Brain Power (hereafter “GA”) and (other) agreements between GA and its client(s) (hereafter “you”) are governed by these terms and conditions (hereafter “Terms and Conditions”).
1.2 GA
reserves the right to update or modify these Terms and Conditions at any time without prior notice. You can view the most current version of the Terms and Conditions at any time by visiting our website: http://brain-power.co.uk/terms-and-conditions.html. The use of this website and the use of our products and services following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
1.2 GA
shall not accept provisions in derogation of, or in exception to, these Terms and Conditions unless GA has confirmed them in writing.

2 OFFERS AND AGREEMENTS
2.1
All prices for products and services of GA are offered without engagement and are valid for the period of time as indicated by GA. Special prices may apply for so-called publication packages.
2.2 GA
reserves the right to change prices prior to confirmed or actual purchase by the Client of a GA product or service.

3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that Rita Baker and GA
are the owners or licensees of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any intellectual property rights in the Site, in any manner, and you shall not exploit the said intellectual property rights in any unauthorised way whatsoever. You acknowledge that no intellectual property rights are intended to, nor shall they be deemed to, transfer to any person who accesses the Site, in any way, including (but not limited to) by assignment, implied assignment, licence or implied licence, either by application of these Terms and Conditions
or use of the Site in any other way, whether authorised or not by these Terms and Conditions.
3.3 You agree you will not move, copy, reproduce, network or otherwise transfer any eBook file to any computer or other device of any other person;

3.4 You are permitted to print 1 (one) copy of any ebook purchased from this Site for your own individual use. This copy may be loaned to other persons on a temporary basis not to exceed one calendar month.

3.5
GA may at its own discretion and without giving notice alter, remove or suspend any part of the Site and any Content of the Site. In no event will GA be liable for any loss or damage arising as a result of modifications made to the Site.

4
. TERMS FOR DOWNLOADING & STREAMING / PRICE & PAYMENT
4
.1 Once you have selected the Content you wish to purchase and click the 'commit to purchase' button this will constitute an offer to GA to buy the Content. GA will then process your transaction and will send you an email receipt for your purchase. GA's email receipt for your purchase of Content brings into existence a legally binding contract between you and GA. If GA is unable to accept your purchase for any reason we will notify you as soon as possible by email.
4
.2 In consideration of the supply of the Service or Product, you agree to pay to GA the Standard Charge as quoted on this Site in relation to each download and/or stream.
4
.3 GA shall, at its sole discretion, be entitled to vary the Standard Charge from time to time without notice to you.
4
.4 All payments under the Contract shall include VAT (or the equivalent) where applicable.
4
.5 Payment of GA's charges by you for the use of the Service can be made by any method of payment and in any currency shown on the checkout page of the Site.
4.6 You must observe and comply with all applicable laws when you download and/or stream any product from the Site.
4.7 The property and ownership of electronic or printed products will, if applicable, remain with GA until the moment that all outstanding invoices are paid in full.

5
. REFUND POLICY
5
.1 All sales are final and all charges from those sales are non-refundable unless faulty. Due to the nature of the service it is not possible to cancel your purchase after you have downloaded it.
5
.2 While GA will send you an e-mail notification of every valid purchase GA receives from you, GA cannot guarantee that the notification will be received by you, or that it will be legible and uncorrupted.
5.3
You shall be entitled to notify GA of any faulty Content purchased and downloaded and/or streamed by you within seven (7) days of the initial download and/or initial stream. GA shall permit you to download and/or stream a file containing the same Content in replacement of the original faulty Content at no cost if in its reasonable opinion GA deems the original download and/or stream to be corrupt, malfunctioning or inoperable on your system.

6
. LINKS TO THIRD PARTY WEBSITES
9.
1 The Site may include links to third party websites that are controlled and maintained by others. Any link is not an endorsement of such websites and you acknowledge and agree that GA is not responsible for the content or availability of any such sites.

7
. SERVICE ACCESS
7
.1 While we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if for any reason the Service is unavailable at any time or for any period.
7
.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7
.3 Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.
7
.4 You are responsible for obtaining Internet access to the Site from where you are in order to use the Service. We cannot be held responsible for your failure to access the Site or use the Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) and any equipment necessary to access the Service are your responsibility.
7
.5 Owing to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Service.
7
.6 We do not guarantee that the Service will be compatible with your computer. While we try to provide the Service using all reasonable care, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Service.

8
. DISCLAIMERS AND LIMITATION OF LIABILITY
8
.1 Use of the Service is at your own risk. GA does not promise that the Site, Content, Service or feature of the Site will be uninterrupted or error-free, or that any defects will be corrected. The Site, Content and Service are provided on an "as-is" and "available" basis without any warranty of any kind whether express or implied.
8
.2 GA cannot ensure that any files or other data you download and/or stream from the Site will be free of viruses or anything else that may be destructive.
8
.3 GA disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and you assume total responsibility for your use of the Site and any linked sites.
8
.4 To the extent permitted by law GA and third parties connected to GA hereby expressly exclude:

8.4.1 all conditions, warranties (express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and
8
.4.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or Services or 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/savings; loss of data; loss of goodwill; wasted time and for any other loss or damage of any kind however so arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.5 Notwithstanding the above if GA is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Service, GA's liability shall in no event exceed the total of any fees paid by you with respect to the Service within the six months prior to the date of the initial claim made against GA.
8.6
Your sole remedy for dissatisfaction with the Site, Content or Service is to stop using the Site or any such Content.
8.7 GA
reserves the right, without notice, to do any of the following at any time:

8.7.1 to modify, interrupt, suspend or terminate operation of or access to the Site, or any portion of the Site; and
8.7.2
to modify or change the Site, and any policies or terms.


19. GOVERNING LAW
19.1 The use of this Service and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed according the laws of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.

 

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