Brainy n Bright Terms and Conditions

Terms of Use

The use of Brainy n Bright Inc. in this Terms of Use hereafter shall also refer to its subsidiaries and franchise.

Subsidiaries

  • Brainy n Bright Professional and Management Development Training, Dubai, UAE
  • Brainy n Bright Training LLC, Abu Dhabi, UAE
  • Brainy n Bright Edutech Pvt. Ltd, Bangalore, India

1. Code of Conduct

- By using our website, onsite facility, or any other services which may become part of our services in future, you agree not to engage in any behavior that may harm or disrupt the proper functioning of our services.
- You agree not to use our services for any unlawful purposes, or in any way that may violate local, state, national, or international laws.
- You agree not to impersonate any person or entity or misrepresent your affiliation with any person or entity.
- You agree not to post or upload any content that is defamatory, obscene, or invasive of privacy.

2. User Content

- You are solely responsible for the content that you post or upload on our website.
- By posting or uploading content on our website, you grant Brainy n Bright Inc. a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, copy, distribute, publicly display, and create derivative works based on your content.
- You agree that Brainy n Bright Inc. may monitor, edit, or remove any content that violates our terms of service.
- You agree not to post or upload any content that infringes on the intellectual property rights of others, including copyrights, trademarks, or patents.
- You acknowledge that Brainy n Bright Inc. is not responsible for any user-generated content, and that all opinions expressed are those of the individual user and not of Brainy n Bright Inc.
PARENTS / KIDS MAY NEVER
- Use insensitive or unsuitable language (for example, students cannot use of vow or curse words, racial/ethnic gendered, homophobic/transphobic, stereotypical, or culturally insensitive words, even if done in a joking manner)
- View, display or post any unacceptable material (including sexual content, material depicting inappropriate violence, racism, bullying, etc.) during the Program tenure
- Share Program information (including lesson plans, etc.) with third parties, without permission from Brainy n Bright.
- Impersonate/Pretend to be another person; or contact instructors/trainers outside of the Program.

3. Payment Policy

Subscription Payment
- By signing up for our services, you agree to pay all fees and charges associated with the service(s) you have selected. All payments will be processed through our designated payment processor, unless otherwise agreed to in writing by Brainy n Bright.
Payment Terms
- By purchasing a program/course or making a payment for our services, you agree to pay all fees and charges associated with the selected plan.
- Payment must be made in US dollars, unless otherwise agreed upon in writing.
- You agree to provide us with accurate billing information, including your name, address, email address, and payment information.
- If the payment method provided by you is declined, we reserve the right to terminate your program/course or withhold services until payment is made.
- A Minimum pay of 30% of the Total Invoice Amount needs to be paid in case you choose our installment payment offers before starting of the class.Consequently, other payments shall be made before their respective due dates.
Taxes
- You are responsible for paying any applicable taxes, including sales, use, or value-added taxes, that may be assessed on your use of our services.
- If we are required to collect and remit taxes on your behalf, we reserve the right to add such taxes to your account and collect them from you.
Price Changes
- Brainy n Bright reserves the right to change the prices of its services at any time. Price changes may / may not be notified to you directly/individually as sometimes it might be beyond our control, it is therefore advised to all the parents/individual/kids or any other related to any kind of services to keep checking the website or emails or any other form of communications from Brainy n Bright.
Payment Information
- You agree to provide accurate and complete payment information and keep it up to date. If payment cannot be processed for any reason, we may cancel your program/course or access to our services.
- During such scenarios, any additional service charge (for example bank penalty/fine) incurred to the company should/will be borne by the customer/parents.

4. Cancellation & Refund Policy

This Refund Policy ("Policy") governs the terms and conditions under which refunds will be issued to customers who have enrolled in Company programs. Please carefully review this Policy as it contains important information regarding the refund process.
Refund Eligibility:
  • Refunds under this Policy are applicable exclusively when the entire program payment is made in a single transaction and do not apply to installment or partial payments.
  • Refunds will be calculated on a pro-rata basis, taking into consideration the complete fee amount, irrespective of any discounts applied.
  • Camps and outdoor activities are not eligible for refunds.
  • Programs designed for competition preparation are charged based on the number of sessions offered. If a competition beyond the Company's control is canceled, rescheduled, or disrupted, resulting in fewer required sessions, charges will be adjusted to reflect attended sessions, and customers will not receive a full refund. The Company will apply the refund policy mentioned in "Refund Process" to calculate any applicable refunds.
Program Exchanges:
Customers have the option to exchange their program enrollment within the first two sessions. This allows customers to transfer their enrollment to another program offered by the Company that better aligns with their needs.
Refund Process:
In the event of a refund request, the following process and conditions shall apply:
  1. Refunds will only be issued in the form of a transferable voucher that remains valid for a period of six months from the date of issuance.
  2. 10% administrative and bank charges fee will be deducted from the refund amount.
  3. The refund calculation will be based on the sessions that the customer has already attended, utilizing a pro-rata approach.
  4. The remaining refund amount, after deducting the administrative and bank charges fee, will be provided to the customer in the form of a voucher.
Exceptions:
In some cases, such as the death of a child, severe health conditions, or other unavoidable circumstances, we may make exceptions to our refund policy. Please contact us if you believe you have exceptional circumstances.
Termination or Suspension of Service:
Brainy n Bright may, at its discretion, suspend or terminate any subscription or access to its services if a user is found to be in breach of any terms and conditions of the service, including these Terms of Use. In such cases, no refund will be issued.

Refund Calculation Examples
Example 1:
Suppose a customer has paid a total program fee of $1,000 for a program consisting of 10 sessions. After attending four sessions, they request a refund.
  • Administrative and bank charges fee (10% of $1,000) = $100.
  • Number of attended sessions = 4.
  • Pro-rata cost of attended sessions =  (4 / 10) x $1,000 = $400.
  • The remaining refund amount issued as a voucher: $1000(Paid Fee) - $100(Admin & Bank Charge) - $400(Cost of Attended Sessions) = $500
Example 2:
A customer enrolls in a program with a full fee of $1800 for 24 sessions but receives a discount, paying only $1600. They attend six sessions and request a refund.
  • Administrative and bank charges fee (10% of $1,800) = $180.
  • Number of attended sessions = 6.
  • Pro-rata cost of attended sessions =  (6 / 24) x $1,800 = $600.
  • The remaining refund amount issued as a voucher: $1600(Paid Fee) - $180(Admin & Bank Charge) - $600(Cost of Attended Sessions) = $820
Example 3:
A customer pays a full program fee of $4,200 for 96 sessions but receives a discount and pays $3800 upfront. They attend 80 out of 96 sessions and request a refund.
  • Administrative and bank charges fee (10% of $4,200) = $420.
  • Number of attended sessions = 80.
  • Pro-rata cost of attended sessions =  (80 / 96) x $4,200 = $3500.
  • The remaining refund amount issued as a voucher: $3800(Paid Fee) - $420(Admin & Bank Charge) - $3500(Cost of Attended Sessions) = -$120. ( Hence ZERO Refund)

5. Programs / Courses

General
- Lessons are only available for subjects offered by Brainy n Bright and taught in English or other available languages (please check at the time of registration).
- Brainy n Bright reserves the right to refuse service.
- Brainy n Bright is not responsible for specific outcomes, and lessons are a guidance/tutoring service only.
- Used sessions are non-refundable.
Pause or Reschedule Policy
- Classes can be paused/rescheduled at least 24 hours in advance to avoid sessions being counted for attendance.
- Paused classes must be completed within one month of the paused sessions date.
- In the event that a student pauses the classes due to vacation or other circumstances, the entire duration of the program must be completed in additional one month from the Program End Date.
- Under any circumstances it is advised that Brainy n Bright will not consider pausing the sessions for more than 1 month during the entire duration of the program.
- In case of camps enrollment, pausing, rescheduling, canceling, or cover up classes is not possible.
Cancellation of sessions
- If a class is canceled due to any unforeseen circumstances or events beyond our control, we will make our best efforts to make up for the class at a convenient time for all participants. However, we cannot guarantee that the rescheduled class will be held at the same time or on the same day as the original class.
- Participants should be aware that canceled classes should be availed within 1 month from the Program End Date. Any missed classes that are not availed within this timeframe will not be refunded or rescheduled.
- We reserve the right to cancel a class due to low enrollment. In such cases, we will offer participants the option to transfer to another class.
- We reserve the right to make changes to the schedule, curriculum, or instructors without prior notice. We will make our best efforts to inform participants of any changes as soon as possible.
Use of Hardware
- You are permitted to use the Hardware solely for your training purposes and in accordance with the user documentation provided with the Hardware. You agree to comply with all applicable laws, regulations, and industry standards relating to the use of the Hardware.
- Damage of any kind to the company hardware property by the students or parents shall be borne by the parents/students
No Photos / Video Recording Policy (for Customers/Website Visitors)
- Protecting student privacy: We take the privacy of our students seriously and would request that no parents or students shall use anyone else’s personal information and images.
- Maintaining a safe and secure learning environment: We want to provide a safe and secure environment for all our students to learn and grow. Video recording is not allowed and can lead to the sharing of confidential information and inappropriate behavior.
- Protecting intellectual property: Our online or onsite programs are designed and delivered by our instructors, and we want to protect their intellectual property. Recording and sharing of our programs without permission is strictly prohibited.
- Consequences for violating this policy: Anyone found violating this policy will face immediate consequences, which may include termination of their enrollment, legal action, and any other appropriate measures.
- We appreciate your cooperation in adhering to this policy and helping us maintain a safe and secure learning environment for all our students. If you have any questions or concerns, please do not hesitate to contact us.
Health & Safety
- We may collect health information like COVID-19 vaccine details or any other medical conditions known to you as and when you provide it to us directly, or we receive it from any third party services.
- You should call out if the kid is facing any kind of health issues in order to help us make necessary arrangements. This may include personal information such as your name, date of birth, gender, and health history. We may also collect health information from third-party sources, such as healthcare providers.
- We have implemented strict safety controls to protect kids from inappropriate content, including spam, phishing, and malware. We also provide age-appropriate content and restrict access to certain features for younger users.
Sign-Out
- Students must always sign out from the center after informing the trainer or admin staff and shall always be accompanied by parents to ensure safety of the child.
- Kids will not be allowed to go with anyone apart from authorized individuals like parents or guardians or siblings or anyone who is authorized by parents.
Child’s Photo Policy
- We may take photographs or videos of children's activities during our classes, workshops, camps, or other events and update you through the parents portal and many times post on social media and various digital channels. By enrolling your child in our program(s)/course(s), you grant us permission to use your child's photograph or video image for promotional and marketing purposes, such as on our website, social media channels, brochures, or flyers.
- We regularly take photos and videos of child activities and update you through the parents portal and many times post on social media and various digital channels.
- Considering the privacy of the child we may use the child's first name accordingly. In case of any concerns regarding its usage please get in touch with our center counselor.
- If you do not want us to use your child's photograph or video image, please contact us at
- USA: info@brainybright.com
- Others: contact@brainynbright.com

6. Complaints & Feedbacks

General
- Our commitment to delivering an excellent user experience means that we treat user complaints with the utmost care. Our goal is to respond to your complaints and feedback in a timely manner, and we will make every effort to do so within 5-7 business days. To submit a complaint or provide feedback, please direct your communication to
-USA: info@brainybright.com
-Others: contact@brainynbright.com

7. Camps (Out of Center Programs)

General
- We may organize field trips or excursions for educational purposes that will require us to collect, use and disclose personal information of students. When participating in a field trip or excursion, we will obtain consent from the student's parent or legal guardian, and only collect and use information that is necessary for the purpose of the activity.
- Personal information collected during a field trip or excursion may include the student's name, photograph, transportation arrangements and emergency contact information.
- Any kind of cancellation or refund is not entertained for camp or out of center activity. And, any exercises of any sort are forfeited and will not be rescheduled under any circumstances.

8. Promotions & Discounts

Trials and Promotions
- From time to time, we may offer free trials or promotions for our services.
- If you sign up for a free trial, you will have access to our program and services for a limited time period specified in the promotion.
- After the free trial, you can speak to our counselor to enroll for full regular programs.
- Any discounted fees are for a limited period or limited seats whichever comes first.

9. General

- Please note that the policy disclaims any liability for damages or injuries resulting from the use of the content and asserts that it is the sole property of Brainy n Bright Inc., with a perpetual license to use it.
- You understand and acknowledge that Brainy n Bright Inc., its owners, agents, partners, facility providers, and employees will not be held liable for any damages or injuries associated with the use of any equipment/tools or anything which is used during the program duration, including claims based on negligence.
- You also acknowledge that all images, testimonials, photos, videos, and audio taken at or in connection with a Brainy n Bright Inc. program are the sole and exclusive property of Brainy n Bright Inc., and that Brainy n Bright Inc. has a royalty-free, perpetual license to use copies of all student work and projects created during a Brainy n Bright Inc. program.

10. State Notices

USA
- Consumer Fraud Act: This law prohibits any deceptive practices, misrepresentations, or fraud in the sale or advertisement of goods or services to consumers in New Jersey.
- Children’s Online Privacy Protection Act (COPPA): This law requires websites to obtain verifiable parental consent before collecting personal information from children under the age of 13.
- Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA): This law requires clear and conspicuous disclosure of all terms, conditions, and warranties associated with a product or service.
- New Jersey Data Breach Notification Law: This law requires businesses to notify affected individuals in the event of a breach of personal information.
- New Jersey Family Educational Rights and Privacy Act (FERPA): This law regulates the privacy of student education records and gives parents certain rights with respect to their children's education records.

11. Indemnification

- You (kids or guardian and children(s)) agree to indemnify and hold Brainy n Bright Inc. and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Brainy n Bright Inc. Services, your violation of these Terms of Service, or your violation of any rights of another person or entity.
- This section basically states that you agree to defend, indemnify, and hold Brainy n Bright Inc. and its affiliates harmless from any claims, demands, or damages arising out of your use of their services or violation of the Terms of Service.

12. Copyright

- Ownership: All intellectual property rights, including copyrights, trademarks, patents, and trade secrets in the services and content provided by Brainy n Bright Inc. are owned by Brainy n Bright Inc. and its licensors. You acknowledge that the services and content are protected by the laws of the states and international copyright treaties.
- Use of Content: The content provided by Brainy n Bright Inc. is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Brainy n Bright Inc. without the prior written consent of Brainy n Bright Inc.
- Trademarks: All trademarks, service marks, logos and trade names used by Brainy n Bright Inc. are trademarks or registered trademarks of Brainy n Bright Inc. You may not use any of these trademarks or trade names without the prior written consent of Brainy n Bright Inc.
- Copyright Infringement: Brainy n Bright Inc. respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Brainy n Bright Inc. website infringes your copyright, please contact us at
[USA: info@brainynbright.com, Others: contact@brainynbright.com].
- Feedback: If you provide Brainy n Bright Inc. with any feedback, suggestions, or ideas regarding the services, you hereby assign to Brainy n Bright Inc. all rights in such feedback and agree that Brainy n Bright Inc. shall have the right to use and utilize such feedback in any manner it deems appropriate without any obligation to you.

13. Disclaimer

- Brainy n Bright Inc. provides online coding classes and content for educational purposes only. The company does not guarantee the suitability of its services for any specific purpose, and does not promise any specific results from its classes.
- The information and materials provided by Brainy n Bright Inc. are intended for general informational purposes only. The company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website.
- Brainy n Bright Inc. is not responsible for any damages resulting from the use of its services or content. The company shall not be held liable for any indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use its services or content.
- Brainy n Bright Inc. reserves the right to modify or discontinue its services at any time without prior notice. The company shall not be held liable for any damages resulting from the modification, suspension, or discontinuance of its services.
- Brainy n Bright Inc. is not responsible for the conduct of its users. The company shall not be held liable for any damages resulting from the actions of its users.
- Brainy n Bright Inc. is not responsible for any third-party content on its website or services. The company shall not be held liable for any damages resulting from the use of third-party content on its website or services.
- Brainy n Bright Inc. and its affiliates will not be held responsible for any direct or indirect damages, including, but not limited to, lost profits, loss of business, or any other consequential or incidental damages arising out of or in connection with the use or inability to use our services or products.
- In no event shall Brainy n Bright Inc. or its affiliates be liable for any amount exceeding the fees paid by you for the services or products purchased through our website.
- We will not be held responsible for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to, acts of God, labor disputes, or disruptions in communications, network, or information systems.
- The information, materials, and services provided by Brainy n Bright Inc. are on an "as is" basis, and we do not make any representations or warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. We make no warranty that our services or products will meet your requirements or be uninterrupted, timely, secure, or error-free.
- We reserve the right to modify or discontinue our services or products at any time, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

14. Rights Reserved

- Brainy n Bright Inc. owns and operates the Services, including all content provided on or through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and other material (collectively, the "Brainy n Bright Content").
- The Brainy n Bright Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Brainy n Bright Content without our express prior written consent.
- You may not use any meta tags or any other "hidden text" utilizing the Brainy n Bright name or trademarks without the express written consent of Brainy n Bright Inc. Any unauthorized use terminates any permission or license granted by Brainy n Bright Inc.
- You acknowledge that all intellectual property rights in the Services, including the design, graphics, text, sounds, pictures, software, and other content are owned by Brainy n Bright Inc. or its licensors. You will not acquire any right, title or interest in or to any such intellectual property rights by reason of these Terms of Use or your use of the Services.
- You may not use any of Brainy n Bright Inc.'s intellectual property without our prior written consent. In the event of any unauthorized use by you of any of Brainy n Bright Inc.'s intellectual property, we may terminate your use of the Services, and we reserve the right to take any action that we may be legally entitled to do to protect our rights.

15. Arbitration Agreement

- In the event of any dispute, controversy or claim arising out of or relating to the Services, the parties shall attempt to resolve the dispute through informal negotiation within 30 days from the date the dispute arises.
- If the parties are unable to resolve the dispute through informal negotiations, the dispute shall be resolved through binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- The arbitration shall be conducted in English and held in Princeton, New Jersey. The arbitrator(s) shall be chosen in accordance with the rules of the American Arbitration Association.
- The parties shall each bear their own costs and expenses in connection with any arbitration proceedings.
- This Agreement and any dispute arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of [insert state], without giving effect to any choice or conflict of law provision or rule (whether of the State of [insert state] or any other jurisdiction).
- The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of [insert state] for the purpose of any suit, action or other proceeding arising out of or in connection with this Agreement or its subject matter.