Deluxe Kit Deluxe Kit
US$0.00
Sun Seeker Sun Seeker
US$13.50
Dragster Dragster
US$13.50
 
0 items
 
  • PayPal Accetable
  • Visa Accetable

Terms & Conditions


Welcome to BrainchildLtd.com, website, owned and operated by Brainchild Ltd. The following document explains the terms and conditions applicable to your use of BrainchildLtd.com which provides solar powered D.I.Y. related products, services, information and educational materials. By using the information, services and ordering products available throughout this website, you agree to the terms and conditions (also referred to as “Terms and Conditions” or "Agreement") contained hereunder.  References to “Brainchild” in the Agreement shall mean either Brainchild or Brainchild Ltd as the context requires.


1. ACCEPTANCE


By accessing Brainchild, using services or ordering products of Brainchild, you fully understand, acknowledge, and agree to be bound by, the terms and conditions. In addition, this Agreement may be changed or updated from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted on Brainchild. Your access and/or use of our website/service and/or ordering our products signify your acceptance of the changed terms and conditions.

Descriptions of the products and services in the website or otherwise provided to you are approximate only and Brainchild shall not be liable to you for any errors or omissions. The advertising of products and services is not an offer capable of acceptance; it merely constitutes an invitation by Brainchild for you to make an offer. Any order made by you is irrevocable. Brainchild reserves the right to, without giving reasons, decline to trade with any company or person and may decline to accept any order.

Unless explicitly stated otherwise, any new function that augments or enhances our service shall be subject to this Agreement. Brainchild also reserves the right to discontinue any product or service or to change its design at any time without any prior notice.


2. USERS



Brainchild provides services to individuals, companies, and other legal entities who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service. Brainchild is obligated to advise you that any user, during accessing Brainchild must behave in accordance with applicable laws. Brainchild is not responsible for the possible consequence caused by your behavior during use of Brainchild. Brainchild may, at its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of Brainchild.


3. REGISTRATION OBLIGIONS


In joining or becoming a member of BrainchildLtd.com you hereby agree to : (a) provide true, accurate, current and complete information about yourself in the "Registration" application from (such information being the "Registration Content") and (b) maintain and promptly update the

Registration Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brainchild Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brainchild Ltd. reserves the right to suspend or terminate your member service.


4. CHARGE



Access to Brainchild and registering as a Member are free of charge. Brainchild reserves the right to modify the charging clause and we promise to notify you of the changed clause immediately. Brainchild may provide certain services to user who complete a specific registration process.

The prices of our products and services are as set out in this web site and are current up to the time of your placing of an order.  Prices are exclusive of all taxes, duties, charges. Brainchild reserves the right to change prices without prior notice at any time.


5. LIABILITY DISCLAIMER


Brainchild (Brainchild) will not be liable for interruption to service as a result of acts of god, hardware malfunction, software related problems, or human error or other events beyond our reasonable control. The services available to you on Brainchild may contain errors and our service is subject to periods of interruption. While Brainchild does its best to maintain the products and services available on Brainchild, Brainchild cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.


In no event Brainchild be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of Brainchild or from any of our products or services provided, even if Brainchild (Brainchild) has been advised of the possibility of such damages.


Product Limited Warranty

If you believe your goods have been delivered faulty or damaged, or a fault appears in the first 15 days after delivery please contact us for assistance. If your problem cannot be resolved by telephone or email the  item can be returned for testing provided the following conditions are met:  

  1. You must contact Brainchild to notify us in advance of the return of any products and obtain a returns number from us, to be quoted on all paperwork.
  2. Products should be returned complete (including all packaging)
  3. Returned products must be accompanied by an advice note stating the invoice number and the nature of the defect.
  4. Return shipping cost are your responsibility (replaced if found faulty)


Where you do not return products in accordance with this clause, we may refuse to accept such products and return them to you at your cost. The products are your responsibility until signed for by us

If the goods are found to be faulty

  • We will replace and send to you a working replacement for any defective parts
  • We will refund your return shipping costs
  • If the items are found not to be faulty
  • A US$20 test fee will be charged and the goods will be returned to you as received together with a test report
  • You are responsible for any collection or return delivery charges incurred


The warranty shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made on the products without the consent of Brainchild. You must deal with the defective products in accordance with Brainchild’s instructions.

The remedies set out above shall be Brainchild’s sole liability and your sole remedy for any breach of warranty and in respect of the supply of products and/or services. Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). Brainchild shall not be liable to you for any loss, damage or liability which arises out of the breach of implied warranties, terms or conditions or breach of any other duty of any kind imposed on Brainchild by operation of law. You acknowledge that you are responsible for ensuring that the products and services you order are fit for the purposes for which you intend to use them and for using all necessary skills and care in handling and using the purchased products.


6. RISK OF LOSS


All items purchased are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Ownership of the products shall not pass to you until all sums due to Brainchild for those products have been received by Brainchild, and until that time Brainchild shall be entitled to the immediate return of all products at your cost if you fail to pay any sum in relation to the ordered products to Brainchild.


7. DELIVERY


Brainchild will use commercially reasonable efforts to deliver products in accordance with your order instructions. Delivery options, and the prices for them, are set out at our website. Delivery will be made to the address that you input in the order.

Times and dates for delivery quoted are approximate only and Brainchild shall not be liable for the consequences of any delay in delivery howsoever caused. Time for delivery shall not be of the essence. Delivery of any products marked as requiring special handling may (because of their nature) take longer to deliver.


8. REGISTRATION OBLIGATIONS


In joining or becoming a member of Brainchild you hereby agree to:
(a) provide true, accurate, current and complete information about yourself in the " Registration Content " application form (such information being the "Registration Content") and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brainchild has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brainchild reserves the right to suspend or terminate your member service.


9. MEMBER ID, PASSWORD AND SECURITY


During the registration process, you will create a Member ID and Password. You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify Brainchild of any unauthorized use of your Member ID or Password or any other breach of security, and (b) ensure that you properly exit the website at the end of each session. Brainchild cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.


10. INFORMATION COLLECTED BY BRAINCHILD


Only registered members can post information on Brainchild. Brainchild reserves the right to select and delete information it deems inappropriate. Every member is solely & legally responsible for the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information provided. Though Brainchild makes great effort to confirm the information provided, Brainchild does not guarantee & is not legally responsible for the accuracy, integrity, quality & non-infringement of such information. Brainchild collects information about companies, products & offers, and builds its own database. Brainchild holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from Brainchild is strictly prohibited, and Brainchild reserves right to take legal action in the case of such activity.


11. LINK


Brainchild may contain links to other websites, however, Brainchild does not have control over such websites and resources by provided by those websites. Brainchild does not endorse and is not responsible for the validity of any content, advertising, service, products or information from said linking websites. Brainchild is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linked website.


12. SECURITY


Brainchild adopts strict security policies in order to protect its members. If any member should interfere with our security policies they shall be temporarily or permanently banned from using Brainchild and its related services. In addition, information published by other members will not be available to those members whose access to Brainchild has been terminated.


13. TERMINATION


Brainchild reserves the right to terminate your service at any time or for any reason, with or without notice, if it concludes that you have provided false information in connection with your member account, are engaged in fraudulent or illegal activities, or are engaged in activities that may damage the rights of Brainchild or others. Brainchild withholds the right to temporarily or permanently terminate your membership for any of the following (but not limited to) reasons where you:

  1. Utilise Brainchild (Brainchild) to send spam messages or repeatedly publish the same product information.
  2. Post any material to members which is not related to international trade or business cooperation.
  3. Impersonate or unlawfully use other companies’ names to post information or conduct business of any form.
  4. Pursue unauthorized access, use, modification or control of the Brainchild (Brainchild) database, network or related services.
  5. Obtain by any means Brainchild (Brainchild) any member's username and/or password.

 
14. DISCLAIMER OF WARRANTIES FOR DATABASE


You expressly agree that use of our database contained on Brainchild is at your own risk. Brainchild shall not be responsible for any content found on this database. Brainchild expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Brainchild makes no warranty that our database will be uninterrupted, timely, securely or error free.

You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through use of the database on Brainchild are done at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.

Brainchild, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from the use of Brainchild or for any decision made or action taken by you in reliance on content contained on Brainchild. Brainchild, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if you are advised of the possibility of such damages, resulting from the use or the inability to use the service.


15. INDEMNIFICATION


You agree to indemnify and hold Brainchild, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use Brainchild, the violation of these terms and conditions by you, or the infringement by you of any intellectual property or other right of any person or entity. Brainchild reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.


16. COPYRIGHT & TRADEMARKS


All contents in the website of Brainchild are Copyright © 2010 by Brainchild.

Reproduction in whole or in part in any form without the written permission of Brainchild is prohibited. All rights reserved.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Brainchild Ltd or its content supplies and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Brainchild Ltd and protected by international copyright laws. All software used on this site is the property of Brainchild Ltd or its software supplies and protected by United States and international copyright laws.

BrainchildLtd, BrainchildLtd.com, MySolarBot, MySolarBots, MySolarobots, MySolarobots,  MySolarBot.com, MySolarobots.com, MySolarobot.com, Mysolarobots.com and other BrainchildLtd.com graphic , logo, page headers, button icons, script, and service names are trademarks, registered trademarks or trade dress of Brainchild Ltd in the U.S. and / or other countries Brainchild Ltd trademarks and trade dress may not be used in connection with any product or service that is not Brainchild Ltd, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brainchild Ltd. All other trademarks not owned by Brainchild Ltd that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brainchild Ltd.


17. OTHER GENERAL TERMS OF BUSINESS


Any failure or delay in exercising any right, power or remedy contained in these terms and conditions by Brainchild shall not in any event be deemed to be a waiver of any other right, power or remedy in respect of any present or future default of your performance or compliance with any of these terms and conditions.

If any provision of these terms and conditions is held to be invalid or unenforceable in whole or in part, it shall be deemed removed from these terms and conditions and the validity and enforceability of any other provision hereof shall not be affected.


18. LAW AND JURISDICTION



This Agreement, and the rights and responsibilities of yourself and Brainchild hereunder, shall be subject to, and be construed in accordance with the laws of Hong Kong Special Administrative Region and you consent to submit to the non-exclusive jurisdiction of the Hong Kong courts. However, Brainchild may enforce the Agreement in any court of competent jurisdiction.

For more information regarding Brainchild please click here.

Continue