Brain Sensei Terms and Conditions of Use

Welcome to the Brain Sensei website (“Site”), which is owned by Brain Sensei, Inc.

Use of this website is offered to you on your acceptance of these Terms of Use, our Privacy Policy, and other notices posted on this website. Your use of this website or any content presented in any areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, and other notices posted on this website and constitute a legal agreement (“Agreement”) between you and Brain Sensei, Inc.

By using/visiting the Site, you agree to be bound by this Agreement. You are only authorized to access this Site or to use the materials and services contained in the Site if you agree to abide by all applicable laws and to this Agreement.

Please read this Agreement carefully and if you do not agree with it, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@brainsensei.com.

Brain Sensei reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by Brain Sensei on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

Copyright, Access and Use

All materials contained in this Site are protected by international copyright laws and must only be used for personal, non-commercial purposes.

The reproduction, duplication, distribution (including by way of email, facsimile, or other electronic means), publication, modification, copying, or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of Brain Sensei. This prohibition includes, without limitation, any text, graphics, logos, photographs, audio, or video material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by email at info@brainsensei.com.

If Brain Sensei has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Brain Sensei is connected with, operates, or controls these web sites.

Sharing of your login credentials for Brain Sensei courses or simulators is prohibited and may result in the immediate removal of access without refund.

Pricing, Coupons and Discounts

Coupons and discount codes may not be combined with any other coupons, discounts, offers, or promotions, nor can they be applied to any items already listed as on sale or with a reduced price.  Discounts, promotions or coupons cannot be applied after a sale has been processed and apply only to initial purchase (e.g. the initial purchase of a monthly subscription, where allowed).  Any valid discounts, promotions and coupons will apply only to the pre-tax product price.  Discounts, promotions or coupons cannot be applied to a purchase after that discount, promotion or coupon has ended or expired.  Other restrictions may apply.

Monthly Subscription Terms and Conditions

Automatic Monthly Charges: By subscribing to a monthly subscription course, you agree to an initial and recurring monthly subscription fee at the current rate. Your subscription will automatically renew each month, and your payment method on file will be charged accordingly until you decide to cancel.

Customer Responsibility for Cancellation: It is your responsibility to cancel your subscription if you no longer wish to be enrolled. You may do so at any time, subject to our cancellation policy.

Notification of Changes: We reserve the right to modify subscription fees or terms. In such cases, we will provide advance notice of these changes. Continued use of the service after the changes come into effect implies your agreement to the new terms.

Handling of Unpaid Charges: In instances where a scheduled payment fails (for reasons such as expired credit card or suspected fraud), we will make efforts to resolve the issue. However, please be aware that this may result in suspension of service until the outstanding balance is settled.

Cancellation by Us: We reserve the right to terminate or suspend a subscription at our discretion. In such cases, we will provide appropriate notice as dictated by the circumstances.

Refund Policy

We offer a 30-day 100% money-back guarantee under the following conditions and at the sole discretion of Brian Sensei Inc.:

Exam Prep Courses and Exam Simulators: You are eligible for a full refund as long as you have not started more than one practice exam.

Monthly Subscription Courses: Refunds are available only for the initial payment of the subscription. You can cancel your subscription at any time to stop future charges.

Live Virtual Instructor Courses: No refunds are provided if you cancel within 7 calendar days before the first class session.

PDU Renewal Bundles: A full refund is available provided you have not started more than 5 videos.

Please note that these refund policies apply specifically to the respective course types mentioned.

Posted Content

You agree that any messages, posts, or other material whatsoever posted by you to the public areas of the Site (“Content”) becomes the property of Brain Sensei and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed, or deleted as Brain Sensei sees fit. You represent and warrant that: (1) you own the Content posted by you on the Site, (2) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (3) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post on the site.

Brain Sensei does not endorse and has no control over the Content submitted by others to the Site. Content submitted to the Site is not necessarily reviewed by Brain Sensei prior to posting and does not necessarily reflect the opinions or policies of Brain Sensei. Brain Sensei makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Brain Sensei reserves the right to prevent you from submitting Content to the Site and to edit, restrict, or remove such Content for any reason at any time.

Brain Sensei assumes no responsibility for actively monitoring the Site for inappropriate Content. If, at any time Brain Sensei chooses, at its sole discretion, to monitor the Site, Brain Sensei nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.

You agree that Brain Sensei accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts, or removes your Content. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person. You agree to release Brain Sensei, together with its respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using it.

Copyright Infringement

If you believe that any material contained in this Site infringes your copyright, you should notify Brain Sensei of your copyright infringement claim to this Site’s Designated Agent who is:

Dr. John Estrella
Brain Sensei Inc.
PO Box 61011
511 Maple Grove Dr.
Oakville, ON L6J 6X8
Canada

E-mail: info@brainsensei.com

Brain Sensei will review notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Disclaimer of Liability and Warranties

You agree that you use this Site and rely on material/Content contained in this Site at your own risk. The Site, and all materials/Content in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Brain Sensei does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that Brain Sensei and its employees, agents, directors, officers, and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures, or for the theft, destruction, damage, or unauthorized access to your computer system or network.

You acknowledge that Brain Sensei is not liable for any defamatory, offensive, or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that Brain Sensei is not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, in connection with or arising from your use or from your inability to use the Site.

You agree to defend, indemnify and hold harmless Brain Sensei and its employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement, or your breach or alleged breach of the copyright, proprietary or other rights of third parties.

Termination

Access to Brain Sensei self-paced products and courses begins on the date of purchase.  Access to self-paced products and courses is based on the time elapsed from date of purchase, regardless of usage of those products and courses, notwithstanding any breach of Brain Sensei’s terms and conditions of use.   Brain Sensei reserves the right to immediately terminate your use of, or access to, this Site at any time if Brain Sensei decides at its sole discretion that you have breached this Agreement or any relevant law, rule, or regulation or you have engaged in conduct that Brain Sensei considers to be inappropriate or unacceptable.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our Websites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this Agreement, no weight shall be placed upon the fact that this Agreement has been drafted by us, and you shall not assert that this Agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. You understand that we may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.

Miscellaneous

This Agreement will be governed by Canadian law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of Canada, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Use of this Site assumes acceptance of the Terms of Use and Privacy Policy. All materials contained in the Site are protected by copyright and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying of any materials on the Site are expressly prohibited.

Copyright © 2014-2024 Brain Sensei Inc. All rights reserved.