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Terms & Conditions

Current version: February 7, 2011

Welcome to the BRAINUP Online Shop (the “BRAINUP Shop”). If you purchase products (always including software and services) from the BRAINUP Shop, you accept and agree to these Terms of Sale and any other applicable terms, conditions, policies or disclaimers found in the BRAINUP Shop (collectively the “BRAINUP Shop Policies”).

Please do not purchase products from the BRAINUP Shop if you do not agree to the BRAINUP Shop Policies.

BRAINUP may update the Terms of Sale at any time and without notice to you. Please review the current Terms of Sale each time you visit the BRAINUP Shop. The most current version of the Terms of Sale and the other BRAINUP Shop Policies can be reviewed by clicking on the appropriate hypertext link located at the bottom of the BRAINUP Shop web pages.

Use of Information about You

We process, use and maintain information about you and your purchase history in accordance with the Swiss Data Protection Legislation (“Datenschutzgesetz”).

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the BRAINUP Shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Errors on Site

The BRAINUP Shop works hard to publish information accurately, update the site regularly and correct errors when discovered. However, any of the content on our website may be incorrect or out of date at any given time. The BRAINUP Shop reserves the right to make changes to the BRAINUP Shop website at any time, including to product prices, specifications, offers and availability. The BRAINUP Shop also reserves the right to revoke any product offer and refuse, reject or cancel any order at any time to correct for errors on the BRAINUP Shop website. If your credit card has already been charged for an order that is canceled, the BRAINUP Shop will issue a credit to the same credit card for the amount of the canceled charge.

Product Availability and Quantity and Order Limits

Product prices and availability are subject to change at any time and without notice. The BRAINUP Shop may place a limit, at any time and for any reason, on quantities that may be purchased per order, per account, per credit card, per company, per person, or per household. The BRAINUP Shop may also refuse, reject or cancel any order at any time and for any reason. If your credit card expires between when you place your order and when we process the transaction, we will cancel the order. BRAINUP Shop also reserves the right, in its discretion, to restrict or prohibit sales to dealers or resellers.

Software Purchases and License Terms

When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the BRAINUP Shop are subject to the license agreement that accompanies the software product (the “License Agreement”). You will be required to agree to the terms and conditions of the License Agreement at the time you download the software. Please read the BRAINUP Shop information on Terms of Use for more information.

Intellectual Property

Products offered for sale on the BRAINUP Shop website are the intellectual property of BRAINUP or its suppliers.

Termination of Site Use

The BRAINUP Shop may terminate your account or use of the BRAINUP Shop website at any time and for any reason. By using the BRAINUP Shop, you agree to be responsible for any orders you make or charges you incur prior such termination. BRAINUP may change, discontinue, or otherwise suspend the BRAINUP Shop at any time, for any reason, and without prior notice to you.

Disclaimers and Limitation of Liability

The BRAINUP Shop and its content is provided on an „as is‟ and „as available‟ basis. By using the BRAINUP Shop, you agree to assume all related risks. Neither BRAINUP nor its suppliers make any representations or warranties whatsoever regarding the BRAINUP Shop, including without limitation the accuracy of the content or that your use of the BRAINUP Shop will be uninterrupted or error free. In no event shall BRAINUP be liable for any damages whatsoever, including but not limited to direct, indirect, special, consequential or punitive damages arising out of or related to the operation, use or performance of the BRAINUP Shop, the provision of or failure to provide services, or the information available from the BRAINUP Shop or services.

To the full extent permitted by applicable law, BRAINUP disclaims all warranties and liability whatsoever, express or implied, related to your use of the BRAINUP Shop website.

Governing Law and Jurisdiction

Swiss law governs the interpretation of the Terms of Sale and applies to claims for breach of them regardless of conflict of laws principles. All of our rights, duties, and obligations are settled exclusively by the competent court of the city of Zurich.