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Terms & Conditions

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. CONTINUE TO PROCEED INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.

TERMS AND CONDITIONS
These terms and conditions apply to Your Use of the brainforward.com Portal and Services. By accessing this Portal and using Our Services, You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions, You may not use or access Our Portal and/or Services. We reserve the right to modify these terms and conditions at any time. Such modifications become effective immediately upon the posting of the updated terms and conditions. By continuing to use, access or submit materials and/or User Information to Us, You will be deemed to have accepted the revised terms and conditions. If there is anything You do not understand please feel free to email any enquiry to Us at yes@brainforward.com.

DEFINITIONS
"Conditions" means these terms and conditions;
"Services" means services displayed for Use on the Portal;
"Tutor" means an individual User or entity who provides tutoring services;
"Tuition Advertisements" means advertisements placed by Users and for the avoidance of doubt, includes advertisements placed by students, parents and guardians for tutoring services in addition to advertisements placed by Tutors offering tutoring services, such as their personal profiles;
"Users" means the Users of the Portal collectively;
"User Information" means the details provided by You on any application to Use the Services via the Portal;
"We/Us/Our" means brainforward.com;
"Portal" means the Website located at www.brainforward.com or any subsequent URL which may replace it; and
"You/Your" means a User of the Portal.

USE OF THE PORTAL
1 Access 
We will provide You with free access to the Portal, (save that we reserve the right to charge from time to time for the placing of Tuition Advertisements and for the avoidance of doubt, the only fees payable, if any, for Tuition Advertisements shall be advertising fees and all other payments are to be negotiated and made between You and the Tutor). The Portal may be used only for lawful purposes by students, teachers, parents and business owners wishing to access the materials on or order products via the Portal. brainforward.com acts as a passive conduct for the ordering, online distribution and publication of information and materials prepared by Us ("the Material"). In regards to placing Tuition Advertisements, brainforward.com acts purely as an advertising vehicle and not as an agent.

2 Your Obligations 
2.1 You 
2.1.1 agree not to use the Portal (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws; 
2.1.2 agree not to upload or transmit through the Portal without limitation, any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; 
2.1.3 will not upload or transmit through the Portal any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; 
2.1.4 will not use the Portal in a way that may cause the Portal to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Portal is in any way impaired; 
2.1.5 will not use the Portal in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); 
2.1.6 will not attempt any unauthorized access to any part or component of the Portal; and 
2.1.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Portal, then You will pursue such right, claim or action independently of, and without recourse to Us.

3 Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Portal, or the use by any other person accessing the Portal using Your Internet account.

4 Our Rights 
4.1 We reserve the right to: 
4.1.1 modify or withdraw, temporarily or permanently, the Portal (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Portal; and/or 
4.1.2 change these Conditions from time to time, and Your continued use of the Portal (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Portal. 
4.2 We will use Our reasonable endeavours to maintain the Portal. The Portal is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Portal or because of a failure, suspension or withdrawal of all or part of the Portal. 
4.3 We reserve the right to withdraw any Services from the Portal at any time and/or remove, screen or edit any materials or content on the Portal. We may refuse service to anyone at any time in Our sole discretion. We will not be liable to You or any third party by reason of Our doing any of the following: withdrawing any Services from the Portal whether or not those Services have been sold; removing, screening or editing any materials or content on the Portal. 
4.4 We reserve the right to expel users and prevent their further access to the Portal for violating the Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. We may take any action with respect to user-submitted information that we deem necessary or appropriate in Our sole discretion if We believe it may create liability for Us or may cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers. 
4.5 We reserve the right to charge Tutors a commission for each tutoring assignments/jobs manually matched by us. In a situation whereby an agreed commission becomes non-chargeable due to actions on the part of the tutor, the tutor is liable to a fee (up to 25% of the agreed commission) as compensation to us. Any payments made for Services and/or Products already provided are non-refundable. 
4.6 By submitting content to any public or non-public area of the Portal, including message boards, forums, contests and chat rooms, You grant to Us and Our affiliates a loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Portal retains any and all rights that may exist in such content.

5 Tuition Advertisements 
The following provisions of this clause 5 shall apply only to the placing of Tuition Advertisements and in the event that there is a conflict between this Condition 5 and any of the other Conditions, the provisions of this Condition 5 shall prevail. 
5.1 Whilst every effort is made to ensure that Tuition Advertisements appear correctly on the website, We will not be responsible for any errors or delays in publication and it is Your responsibility to check that the Tuition Advertisement is correct and accurate. 
5.2 You agree to provide true, accurate and complete information in relation to Your Tuition Advertisement, including a valid email address and You agree not to impersonate any other person or entity or use a name which You are not authorized to use. Tutors shall be required to disclose to Users who respond to Tuition Advertisements placed by Tutors all previous convictions. You warrant that the information contained within Your Tuition Advertisement does not contravene any legislation or codes of practice governing the advertising of goods or the provision of services and in particular, you warrant that the information supplied by You for Your Tuition Advertisement is legal, decent, honest and truthful in compliance with the requirements of Malaysian Laws. 
5.3 We reserve the right to refuse to register any Tuition Advertisement at Our sole discretion and We may remove Your Tuition Advertisement at any time without reason or notification. 
5.4 If any fees are charged by Us for any of Our Services, payments must be made in advance and are non-refundable.
5.5 It is Your responsibility to check the identity and qualifications of Tutors before entering into a contract and in addition to Condition 16. We make no warranties or representations as to the results which may be obtained or the accuracy or reliability of any information obtained through Us and no advice or information, whether oral or written, obtained in connection with a Tuition Advertisement shall be deemed to create any warranty not expressly made herein. 
5.6 You expressly agree that Your use of the Tuition Advertisements, either as a Tutor, student, parent or guardian is at Your sole risk and you agree not to hold Us liable for any loss or damage incurred as a result of any dealings You may have with others via Your use of the Tuition Advertisements. 
5.7 Tuition Advertisements may only be placed and used by Users within Malaysia. 
5.8 By requesting a tutor using our services, You hereby consent to tutors contacting you for job application. You also give Us the right to reveal Your contact details to tutors for this purpose. However, We will stop the advertisement of Your tuition job if and when you tell us to do so.

6 Registration and Password. 
You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify Us of any unauthorized use of your registration or password.

7 Third Party Links 
In an attempt to provide increased value to Our Users, We may provide links to other portals, websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

8 Monitoring 
We have the right, but not the obligation, to monitor any activity and content associated with the Portal. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Portal).

9 Your Personal Data / Data Protection 
9.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place. 
9.2 We confirm that any personal details which You provide to Us (or which are available on public registers) are considered as private. We Use the information for the following purposes: 
9.2.1 processing Your Account including placing Tuition Advertisements where appropriate; 
9.2.2 for statistical purposes to improve the service We give to You; 
9.2.3 to administer Our business; 
9.2.4 to notify You of products or services that may be of interest to You; and 
9.2.5 to be disclosed to other members within Our organization and also to other relevant third parties, who may contact You about their products or services that may be of interest to You. 
9.3 If You do not want Us to notify You about products and services that may interest You, or You do not wish Us to transfer Your data to third parties so that they can contact You about their products or services, please write to Us at yes@brainforward.com; stating Your full name, address, Your e-mail address, Your office / home / mobile phone number, any other relevant details, and notify Us accordingly. 
9.4 Subject to Your rights of objection set out above, You agree that You do not object to Us or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing, by SMS or by any other means, and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under Malaysian Laws. 
9.5 In the event that Your personal information is no longer used by Us for the purposes described in this document, We may delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law. 
9.6 You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with Us, and those dealings are deemed by Us inconsistent with these Terms. 
9.7 We may use "cookies" and other software so as to be able to build up a profile of Your interests and preferences and this may be used by Us to develop and operate the Service. 
9.8 We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.

10 Intellectual Property and Right to Use 
10.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Material or content supplied via or as part of the Portal shall remain at all times vested in Us. You are permitted to use the Material only as expressly authorized by Us. 
10.2 You acknowledge and agree that the Material and content contained within the Portal and on any communication mediums provided by Us to You is made available for Your personal non-commercial use only. Any other Use of the Material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

11 Notices 
11.1 You may send Us notices under or in connection with these Conditions:
11.1.1 by email to yes@brainforward.com

12 Limitation of Liability 
12.1 While We shall use reasonable endeavours to verify the accuracy of any information We place on the Portal, We make no warranties, whether express or implied in relation to its accuracy. 
12.2 The Portal is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Portal, or any transaction that may be conducted on or through the Portal including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. 
12.3 We make no warranty that the Portal will meet Your requirements or provide the results which You want, or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Portal. 
12.4 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Portal and any information provided to or taken from the Portal by You. 
12.5 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representation (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:- 
12.5.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 
12.5.2 any loss of goodwill or reputation; or 
12.5.3 any special or indirect or consequential losses; 
12.6 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees. 
12.7 We shall have no liabilities to you for any failure to deliver your purchase or any delay in delivery which is due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, or any other event or circumstances beyond our reasonable control.

13 Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

14 Waiver
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

15 Survival
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

16 Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that Your agreement contained in this clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.

17 Law
The Conditions shall be governed by and construed in accordance with the laws of Malaysia and You irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

PRIVACY STATEMENT
We shall collect information about Your personal details, tastes and preferences both when You tell Us what these are and by analysis of traffic on the Portal, including by using cookies (see below).

We use information collected about You to help Us (a) develop the design and layout of the Portal to ensure that it is as useful and enjoyable as possible and (b) to provide the Services which interest You.

Sometimes this information may also be used by Us to inform You about changes to the Portal, new Services and Goods or offers that You might find interesting. If You do not wish to receive this information, You may opt out by various means, including by e-mail to yes@brainforward.com.

You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail, fax, in writing or by SMS and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under Malaysian Laws.

We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate Our systems properly or to protect Ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your use of the Portal, and that use is deemed by Us inconsistent with the Conditions.

When You input information or request Services from Us, We have strict security procedures covering the storage and disclosure of Your information in order to prevent unauthorized access to comply with Malaysian Laws. This means that sometimes We may ask for proof of identity before We disclose personal information to You.

SURVEYS
We always aim to improve the services We offer. As a result We may occasionally canvass Our customers using surveys. Participation in surveys is voluntary, and You are under no obligation to reply to any survey You might receive from Us. Should You choose to do so, We will treat the information You provide with the same high standard of care as all other customers information.

CONTESTS & COMPETITIONS
Your participation on the Portal may mean that We occasionally contact You with the opportunity to enter competitions. Entry to competitions is voluntary, and You are under no obligation to take up an invitation from Us to enter. Should You choose to enter a competition, We will treat the information You provide with the same high standard of care as all other customer information, and use the information provided strictly within the entry terms of the competition and this Privacy Statement.

EMAIL A FRIEND
We may from time to time operate a "Tell a friend" service. This is a referral service, designed to make it easy for customers to recommend Our Portal or offers to a friend, and is a two-step process. First, a customer provides Us the friend's email address, and secondly, We contact the friend, telling them who We are, and inviting them to take advantage of a particular offer, or to visit Our Portal. When We contact Your friend, We always advise them of the name and email address of the friend who made the original referral. We will not use Your friend's details for any other purpose.

COOKIES
When You first visit the Portal, We may send You a cookie. A cookie is a small file that can be placed on Your computer's hard disc for record keeping purposes, and We may use them to do a number of things:

Cookies help Us to recognize You when You next visit one of the Portal and note the advertisements displayed to You. This allows Us to tailor the service We provide to Your preferences;

Cookies may be used to compile anonymous statistics related to the take up or use of services, or to study patterns of browsing. When used in this manner, You are not individually identified, and data collected in this manner is only used in aggregate.

We welcome Your questions and comments about privacy issues and the design of the Portal. Should You have such comments or have a complaint about how We are Using Your personal data, please send an e-mail to yes@brainforward.com.

The section titles in this document are for convenience only and have no substantive effect.

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