iBrainer
- Malaysia
TERMS
AND CONDITIONS
Applicability
The terms and conditions stated below (“Terms & Conditions”) apply to Malaysian version of iBrainer Premium Subscription Service and/or iBrainer Website ("iBrainer" and/or "Service") offered online over the Internet and/or other marketing channels.
The End-user requests the iBrainer service from Cellon Ltd. ("Cellon"). This will be delivered by Cellon to End-user via the network of any mobile communication provider (“Operator”) with whom the End-user has a subscription or a prepaid-agreement, Internet, WEB, WAP, SMS, MMS or other means. Powered by MacroKiosk Bhd.
General
iBrainer is an educational cross device platform dedicated to brain fitness. End-users can train their brain through game experience to: Improve the ability to solve problems; Speed up the brain response; Enhance memory and attention. The end-users can access the service through desktop PC, mobile optimized website or smartphone APP. iBrainer's Premium end-users can play different brain training games on their device. For this, the user should subscribe to the service and pay a fee to receive access and credits to play. The user can cancel the subscription at any time.
Sign-up
/ Registration
To subscribe iBrainer service in Malaysia the user should send SMS with text ON IPLAY to 32355. By doing so and/or using the service the End-user acknowledge and confirm that read the Terms & Conditions, is authorized mobile phone bill holder or have the consent of the mobile phone bill payer to use this service.Upon successful subscription to iBrainer service, the end user will receive SMS message to his mobile phone with details about method, frequency and cost of the service receipt, as well as precise unsubscribe details.
Subscription
iBrainer is ongoing subscription service. iBrainer subscriber will receive 4 SMS messages per week (Maxis users 3 SMS/week), charged RM4 per SMS (“fee”). The fee will be charged on mobile phone bill or prepaid balance until the user will request to cancel the subscription. The End-user can cancel the subscription at any time. To cancel the service, the End-user should send SMS with text “STOP IPLAY” to 32355.
Costs and Fess
As stated above, iBrainer service costs RM4/SMS, 4 SMS/week (Maxis users 3 SMS/week), charged on End-user's mobile phone bill / prepaid balance. Signup fee (one-time): RM4/SMS. Each successfully delivered SMS will provide end-user with one game credit at iBrainer website (see "iBrainer Website" paragraph below). Fees are collected by Mobile Network Operators.
Charges are debited against the End-user's account by the Operator; in the case of a pre-paid subscription, charges are deducted from the End-user’s credit balance. The End-user hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of subscribing and/or using the iBrainer service.
If you are not the person responsible for paying the mobile bill, please obtain the permission of the payer of the mobile before subscribing and/ or using the iBrainer service. By subscribing and/or participating in the Service, Cellon presumes that End-user has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.
All SMS messages sent by End-user will be charged by End-user's mobile operator for standard tariff. These tariffs can differ per operator. Please contact your GSM Operator for more information on the charges imposed by them.
iBrainer Website
Upon successful registration to iBrainer service and payment of the membership fee, you will receive SMS message with password to iBrainer game web site: http://my.ibrainer.net ("Website"). The Website is compatible with desktop and mobile browsers.
In order to play the iBrainer game, you should login our Website and click the play button. During the week, upon successful collection of fee, you will receive SMS text messages with information about the new game available on iBrainer Website and/or number of game credits added to your account on iBrainer website and/or your password to iBrainer website. Provided that the fee was collected successfully, the end-user will be able to play iBrainer games.
Every game consists of five brain training questions. The target is to answer as many questions correctly, in the shortest possible time. At the end of each game, the user will be provided with his result, performance statistics and other useful information about the game.
Cellon makes every effort in verifying and ensuring the accuracy and integrity of content provided on the iBrainer website. However, we do not warrant that the content provided is by all means free of all errors and inaccuracies and the user shall not have any claim or any right to appeal in the matter.
Help and support
For help and support you can contact our call center on 03-21632100 (9am – 5pm Mon – Fri). Powered by MacroKiosk Bhd.
Intellectual
property
You may use the Service for your own personal non-commercial use.
The term iBrainer and any other trademarks, service marks and/or trade names used by the Cellon on the Service from time to time (the "Trade Marks") are the trademarks, service marks and/or trade names of the Cellon or one of its group companies or its licensors and these entities reserve all rights to such Trade Marks. In addition, other content on the Service, including, but not limited to, the Games, images, pictures, graphics, photographs, animations, videos, music, audio and text belongs to the Cellon or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, you obtain no rights in the trademarks or the Service Content other than as specified in this Agreement.
In particular, under no circumstance may you copy any Service Content (including without limitation trivia questions, answers, or games) or use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service.
Liability
The use of the iBrainer and/or Website of Cellon takes place at the end-user’s own risk. End-user must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the iBrainer services. Cellon cannot guarantee that the IBrainer services meet the requirements of the end-user and that the download, receipt and/or viewing of the IBrainer services shall be free of interruption or errors.
If at any time the End-user is unable to make uninterrupted use of the iBrainer Services, this shall in no way lead to any right to reduction of the charges for the iBrainer Services nor to any right to restitution of payments previously paid.
Any usage of the iBrainer services are at the end-user’s own discretion and risk and that under no circumstances shall Cellon be held liable for damage of any kind, including but not limited to infections or contamination or loss of data or damage(s) of the end-users’s hardware and/or software resulting from access to the Website or use of the iBrainer services or downloaded iBrainer services, including the hardware and software required to connect to the iBrainer services. It is the responsibility of the end-users to take the necessary measures to avoid potential damage of this nature.
In the event that Cellon for any reason whatever is held liable to compensate the end-user for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the iBrainer Services paid by the end-user for the alleged damage.
The contents of the Website have been compiled with the greatest care. However, Cellon cannot provide any guarantee as to the nature, accuracy or content of this information. Cellon shall not be held liable for any errors, omissions, inaccuracies, misunderstandings, delays or illegible orders or notifications pursuant to the use of the Internet, or the applicable information point.
Final provision
Any disputes relating to the implementation of these Terms and Condtions shall be resolved by the competent common courts.
Cellon reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to end-users by posting on iBrainer website.