Privacy policy

Terms and Conditions

By ordering products the Customer confirms to have duly noted and agreed to the General Business Terms. The parties to the contract are: Customer – any person who orders products from the Braingame website

ARUS Media GmbH, Kreuzberger Ring 40, 65205 Wiesbaden

The Customer’s product order is a binding offer to Braingame to purchase such products. A confirmation message will be displayed and a confirmation email will be sent to the Customer as soon as an order is placed. Such automatic confirmation shall not constitute an acceptance by Braingame of the Customer’s order. Braingame’s acceptance of the Customer’s order shall occur and a contract shall come into existence only when Braingame makes the products available to the Customer via download.

Please check the automatic order confirmation for errors and inform us immediately of any discrepancies. You guarantee that the data you provided during registration is true, accurate, up-to-date and complete.

Orders will only be accepted from Customers who are 18 years of age or older.

Type of service and limitations

Products are delivered to the Customer by download or by mail order.You will receive an order confirmation by email. When you have ordered a downloadable product, you will obtain access to the product download, which is valid for 21 days from the purchase date. Once this delay has elapsed the download will no longer be available.

Conditions to use the download service

The Customer’s computer needs to be connected to the Internet via a broadband connection (e.g. DSL).

Product License

Under the terms of these General Business Terms the limited and non-exclusive right to use the number of ordered licenses of products delivered to the Customer by Braingame on a computer or laptop is granted to the Customer. Under the terms of this contract the Customer is not permitted to copy, modify, or decompile any software in a product, to extract its source code, create any item derived from it or remove any indication of the name or manufacturer of the software from it. The user is exclusively permitted to use the product for their own personal use and may not pass it on, sell, transfer or lend it to a third party.

Copyright

All software, games, information, names, trade names, product brands, inventions and in general all business content used in the products or in the ARUS website remain the exclusive property of their owners in accordance with the copyright. These are explicitly the software or games manufacturers, music publishers and all associated copyright owners. All programs and related software, games and music are subject to licenses granted by their owners and are not owned by Braingame. Under the terms of such licenses, Customers are not permitted to copy, photocopy, reproduce or translate the products, extract their source code, modify, dismantle or decompile them or create related products inspired by programs, games, services or functions. No name or identification belonging to the owner may be removed without prior written permission.

In addition to the right of use for private and non-commercial purposes, Customers are not permitted to do the following:

  • Sell, lend, pass on or transfer copies of the products,
  • Use products or any element of them on public platforms (in particular internet cafes and video amusement arcades),
  • Host or offer to third parties music, programs, games, services or multiplayer functions for any online or offline usage without prior written permission.

The Customer confirms that they have understood the restrictions set out above and that they will comply with these. Disregarding these guidelines may lead to the suspension or termination of the Customer’s account. The Customer understands that Braingame will not be liable for any infringement by a Customer of the restrictions set out above.

Anyone illegally duplicating, disseminating or publicly reproducing products or assisting in doing so is liable to criminal proceedings. Illegal duplication of products is punishable by imprisonment and/or a fine. Illegally copied data supports may be confiscated and destroyed. ARUS further expressly reserves the right on behalf of itself and the copyright owners to pursue claims for damages under civil law.

Prices and delivery charge

The prices for products shall be as listed in the respective current price schedules or online advertisements contained in the Braingame website. Payment must be made before mail order or before the Customer may download a product.
Technical details in respect of online payment transactions:
SSL (Secure Sockets Layer) encryption technology encodes the information during transfer.
The existing encryption functions of the internet browser will be used.
Braingame does not have access to private Customer data including bank account or credit history.
To prevent of misuse and fraud, Braingame only stores the Customer’s address and the transaction time and date. These data remain confidential and might be used in the following cases.
Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.
After a successful transaction, the purchased product is made available to the Customer via download or mail order. If the transaction is not successfully completed, Braingame reserves the right to block the user account and until the cause has been determined.

Liability for defects

ARUS warrants that all products sold are subject to the General Business Terms. Products have been tested and will function within the parameters for which they were created and as described on the website. However, ARUS does not guarantee that software products meet the expectations of the Customer and that the software will run without defects under all circumstances. Neither does ARUS provide any guarantee of specific functions and results of the software; provided that this is within its intended design parameters and exceeds the current minimum standard for software technology at the time the program is created. The same applies to the correctness or completeness of any documentation enclosed with the software.

Should the product be defective on delivery, making the intended use impossible, ARUS will either replace the product or refund the purchase price to the Customer at its own discretion within the statutory period from the date of purchase. This only applies to products which are obtained directly from ARUS online or by mail order. Braingame makes no warranty or guarantee of products downloaded by the Customer from a source other than the Braingame website. The Customer needs to send full details of the defective product and the nature of the defect to ARUS’s Customer service e-mail address mentioned above. ARUS accepts no further liability for direct or indirect damage occurring due to the use of a product, provided that this damage is not the result of ARUS’s willful intent or severe negligence and provided that liability may in law be excluded. Braingame is under no circumstances liable for unforeseeable damage or indirect or consequential loss of any kind.

ARUS accepts no liability for damage occurring due to incorrect handling, in particular failure to observe any operating instructions, faulty commissioning, faulty handling or unsuitable accessories.

If in the sole opinion of Braingame it is economically unreasonable for Braingame to remedy a defect, a replacement product will be supplied or a refund issued.

ARUS’s right to terminate

In the event of substantial or repeated infringement by the Customer of these General Business Terms, ARUS may terminate all contracts and licenses made with the Customer under these General Business terms with immediate effect. If any contract or license is terminated, regardless of the grounds, all licenses granted are deemed to be terminated forthwith without compensation and the Customer shall immediately cease to use all relevant products.

Customer’s right to cancel

Right of cancellation – Customer shall have the right to cancel any order within a period of 7 (seven) working days after the purchase date. If the Customer wishes to cancel an order, the Customer shall contact Braingame by email at hd@braingame.de, supplying order details and explaining the reason for his request.

Consequences of cancellation – In the event of effective cancellation by the Customer, ARUS shall refund any payment made for the products under the cancelled order. The Customer’s right to use the relevant product(s) shall terminate immediately upon order cancellation. The Customer must delete or destroy the products and all copies from the Customer’s computer and any other device or media to which the Customer has copied the products.

Data protection

ARUS uses the Customer’s personal data exclusively for the purpose of handling the order. All Customer data will be stored and processed only in compliance with the relevant regulations of the relevant data protection laws.

Customers have the right to review, correct, block and delete their stored data free of charge at any time. ARUS will not share personal data including home address and email address with any third party without the express consent of the Customer, which may be revoked at any time. ARUS’s service partners who require the transfer of data for the purposes of handling the order (e.g. the carrier contracted to make delivery and the credit institution contracted to handle payment) are excluded from this provision. In these cases the scope of data transferred is, however, limited to the necessary minimum. Braingame has implemented technical features and organizational security measures to protect Customer data handled against accidental or deliberate changes, loss or destruction and against access by unauthorized persons.

Credit card information is encoded by 128 Bit SSL (Secure Socket Layer) and transferred to a payment gateway which is directly connected to the credit card processing service. Data is verified online, payment is processed before the goods are delivered (cash in advance).

Governing Law and Jurisdiction

These General Business Terms and related policies and agreements shall be governed by and interpreted in accordance with German law. Anyone accessing the Braingame website from outside Germany is personally responsible for observing local laws if and to the extent that they are applicable to the products or the Customer’s use of them.

Saving clause

Should any part of these General Business Term be deemed unenforceable by a court competent to deal with disputes under them, the operability of the other parts is not thereby affected. Any part deemed unenforceable shall if possible be deemed amended in so far only as to make it enforceable.

Whole agreement

These General Business Terms are the basis for and contain all the legal agreements between the parties relative to the object of their contract and operate to the exclusion of all other verbal or written agreements.

This clause is not intended to limit Braingame’s liability for fraudulent misrepresentation.

Miscellaneous

YOU, THE CUSTOMER DECLARE THAT YOU HAVE READ AND UNDERSTOOD THESE GENERAL BUSINESS TERMS AND UNDERTAKE TO COMPLY WITH THEM. IF YOU HAVE ANY QUERIES, SUGGESTIONS OR COMMENTS, PLEASE CONTACT US AT THE EMAIL ADDRESS INFO@BRAINGAME.DE