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Brinc Academy Terms & Conditions

Terms and Conditions

These Brinc Academy Terms and Conditions, which incorporate, by reference, the website Terms of Use (together, the “Online Terms”), apply to the sale of any online course available on the Brinc Academy website (“Website”). 

Please read the Online Terms carefully before purchasing an online course and print off a copy for your records. By purchasing an online course, you are confirming your agreement to be bound by the Online Terms.

ONLINE COURSE PROVIDER

The Brinc Academy is made available by Brinc Limited (hereinafter referred to as “Brinc”, “we” or “us”), a company incorporated in Hong Kong with the unique business identifier 64127450.

SPECIFIC TERMS AND CONDITIONS CONCERNING MONEY-BACK GUARANTEE

You may apply for a refund of the Course Fee by emailing [email protected] confirmation of your startup’s acceptance into an accelerator program within 12 months of concluding the Contract (as provided below). The accelerator program may be a program managed by Brinc or any other reputable accelerator program. The record confirming your or your startup’s acceptance (whether an email, acknowledgement form, etc.) must be addressed to the same individual that set up their Brinc Academy profile. Refunds will be managed as provided below.

DEFINITIONS

“Course Fee” means the fee payable for an Online Course.

“Materials” means the materials provided by Brinc in the course of the delivery of any Online Course, available any relevant electronic format downloaded from the Website or accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs.

“Online Course” means either an online course which does not have a predetermined start date and is available for study by you immediately following delivery by Brinc or an online course which is only available for access by you on a predetermined start date.

PURCHASING AND CONFIRMATION

In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.

When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms. A legally binding agreement shall only come into existence once Brinc has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable) and Brinc has received from you (or on your behalf) the entire Course Fee.

The Online Terms, together with your order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.

You must check the details on the order confirmation email when you receive it. If there are any errors, please contact us immediately at [email protected].

Where your order consists of multiple Online Courses, each individual Online Course will be treated as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by Brinc of your offer to purchase any other Online Courses which make up your order.

We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise, and we will return any payment.

Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website.

PAYMENT

The Course Fee for any Online Course at any given time will be displayed on the Website.

All amounts are payable in US Dollar and/or the local currency (subject to availability). Any currency conversion costs or other charges incurred in making a payment shall be borne by you and shall not be deductible from the amounts due to Brinc.

The option of paying the Course Fee in installments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by installments is at Brinc’s sole discretion. Brinc may withdraw the option of paying the Course Fee in installments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in installments at the date of such withdrawal.

The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in installments, subject to availability.

Payments of the Course Fee will be accepted by (i) PayPal or (ii) credit card (including Visa, MasterCard, Discover, and American Express). Brinc uses Stripe (www.stripe.com) to process Course Fee payments.

In the unlikely event that your purchase was accepted at a time when the amount of the Course Fee displayed on the Website is incorrect, Brinc will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website, then Brinc will contact you to notify you of the correct Course Fee, so you can decide whether you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, Brinc will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, Brinc will refund you the difference between the amount which you have paid and the correct Course Fee payable.

CANCELLATION

You may cancel your purchase of an Online Course within a period of 7 working days, beginning on the day on which the Contract is concluded with you as notified by the order confirmation email. Cancellation may be made by email using the contact details that are set out at the end of the Online Terms or to [email protected]. You will not be entitled to any refund if you cancel your order after 7 working days.

REFUND

Any Course Fee refund will be completed via your original method of payment within 30 days of receiving your notice of cancellation/giving notice to you of such refund, subject to third-party payment service provider’s refund processing speed.

ONLINE COURSE CONTENT AND ACCESS TERMS

The description of the Online Course on the Website will set out details of the contents of the available Online Courses.

Except as set out in the description of the Online Course on the Website, no additional course materials and/or tuition will be provided by Brinc.

Upon receipt of an order confirmation email, you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.

The receipt of an Online Course is personal to you and, unless otherwise agreed by Brinc, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.

You may incur charges to your internet service provider while you are accessing and/or downloading the Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Materials. You are responsible for paying any such charges.

MODIFICATIONS TO ONLINE COURSES OR TECHNOLOGY ENHANCEMENTS

From time to time, we may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.

Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.

TECHNICAL SUPPORT AND ACCESS

If you are unable to access an Online Course, we will use reasonable endeavors to provide a solution where we have direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software, or settings thereof, we may, at our discretion, provide assistance to you to help you resolve the issue, but we cannot guarantee that any assistance provided will resolve your issue.

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

Brinc will use reasonable endeavors to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. We reserve the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs, or upgrades to improve the performance or functionality of the Website.

You also accept and acknowledge that Brinc cannot be held responsible for any delay or disruptions to your access to the Online Course because of such suspension due to any of the following:

  • the operation of the internet.
  • any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course.
  • failures of telecommunications links and equipment.
  • updated browser issues.

WARRANTIES

Brinc will provide the Materials in accordance with the Online Course description, which is set out on the Website.

Brinc expects you to take reasonable care to verify that the Online Course and Materials in question will meet your needs. Brinc does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website).

Brinc does not make any representation, guarantee or commitment to you that the Online Course or Materials will be error free.

Brinc does not make any commitment that the Online Course or Materials will be compatible with or operate with your software or hardware.

All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

LIMITATION OF LIABILITY

The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability for fraud or wilful default, death or personal injury caused by its negligence, or where such limitation or exclusion cannot lawfully be excluded.

Brinc shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:

  •           indirect or consequential losses.
  •           loss of income or revenue.
  •           loss of business.
  •           loss of anticipated savings.
  •           loss or corruption of data.

Brinc is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Materials or during completion of any Online Course via the Website.

Save as otherwise set out in this section “Limitation of liability”, Brinc’s maximum aggregate liability to you for any claims that you may have against Brinc for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.

We will not be held responsible for any delay or failure to comply with our obligations under the Online Terms if the delay or failure is beyond our reasonable control. This condition does not affect your statutory rights.

If any of the above paragraphs in this section (Limitation of Liability) is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

DISCLAIMER

The Online Courses are for training purposes only. Brinc will not accept any responsibility to any party for the use of the Online Course or Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.

INTELLECTUAL PROPERTY

At all times, Brinc and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Materials. Other than as specified below, no Online Course and/or Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without Brinc’s prior written permission.

In consideration of Brinc’s receipt of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) or the first installment of the Course Fee (if you have chosen to pay for the Online Course in installments), Brinc grants to you a non-exclusive, non-transferable license to access the Online Course and use the Materials for the sole purpose of studying for the Online Course. This license is granted directly to you and may not be shared.

Save as expressly set out in the Online Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate, or distribute in any way the Online Course or any of the Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile, or reverse engineer any software forming part of the Materials or create derivative works based on the whole of or any part, or which incorporate the Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either Brinc’s copyright or Brinc’s other intellectual property rights, and/or the copyright or other intellectual property rights of Brinc’s licensors.

DATA PROTECTION

Brinc will process the information it receives from you or otherwise holds about you in accordance with the Online Terms and Brinc’s privacy policy. You consent to the use by Brinc of such information in accordance with Brinc’s privacy policy.

If you do not wish to receive marketing correspondence from Brinc, a written request or email should be sent to [email protected].

CHANGES BY US

An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavors to provide an Online Course as described.

GENERAL

We reserve the right to recover any reasonable debt collection costs in connection with the Online Terms.

We may update or amend the Online Terms from time to time to comply with law or to meet our changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.

You may not, without our written consent, assign or subcontract any of your rights or obligations under the Online Terms to any third party. However, we may assign, transfer or subcontract any of its rights or obligations under the Online Terms to any third party at our discretion.

We may appoint independent subcontractors to assist in providing the content and material on the Brinc Academy platform or use third parties to arrange or supply certain aspects of, or services in connection with, Brinc Academy. You agree that Brinc is not responsible for the actions or omissions of such sub-contractors or third-party suppliers.

No failure or delay by Brinc in exercising any right or remedy under the Online Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. You must seek our written agreement for any such waiver.

If any of these terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.

Any notices required to be served on you by Brinc under the Online Terms will be deemed properly served if emailed to the email address notified by you to Brinc. Any notices required to be served on Brinc by you will be deemed properly served if sent by email to [email protected]. This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

The Contract between you and Brinc is not intended to be for the benefit of any third party or confer upon any other person any benefits, rights or remedies, and no person is or is intended to be a third-party beneficiary of any Contract provisions.

The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong Kong courts to settle any disputes which may arise out of or in connection with the Online Terms.

 

Last updated on 8 February 2024.