The terms and conditions stated below (“Terms & Conditions”) apply to South Africa version of iBrainer Premium Subscription Service ("iBrainer" and/or "Service") offered online via the Internet by Cellon Ltd ("Cellon"). The End-user requests the iBrainer service from Cellon. These 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.
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. In order to encourage consumers to use the service and train their brain, we reward players for their achievements. Awards policy and mechanics are based on knowledge and skills only and any element of luck is disabled.
To enter iBrainer service, the End-user must enter his mobile phone number and/or some other details and/or information via the promotion web page ("Landing Page") provided by Cellon. Then the End-user will receive an SMS to his mobile device, with Personal Identification Number ("PIN code") or so called offer message with service information. By entering the received PIN code on the landing page and/or sending the confirmation message 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. The End-user will receive confirmation SMS message of successful activation of iBrainer service, method, frequency and cost of the Service receipt, as well as precise unsubscribe details.
iBrainer is ongoing subscription service. The End-user can cancel the subscription at any time. To cancel the subscription, the End-user should send SMS with text STOP to the short number 47923. The End-user will be charged for iBrainer service as long as the subscription is not canceled.
iBrainer subscription service cost 15 ZAR per day. The membership fee is collected by the end user 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 Mobile Network Operator for more information on the charges imposed by them.
Upon successful registration to iBrainer service and payment of the membership fee, you will receive SMS message with password to iBrainer web site: http://za.ibrainer.net ("Website"). The Website is compatible with desktop and mobile browsers (data charges may apply). 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 End-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.
In order to encourage consumers to use the service and train their brain, the iBrainer service grants awards to the outstanding players per competition period. The competition for the prize starts at 1st of every annual quarter at 00:00:00 o'clock and lasts three months ("Competition Period"). The End-user will have to compete against other End-users that used the iBrainer service during the same Competition Period. The End-user who answered correctly the most questions, in the shortest possible time, in any game on iBrainer Website during the competition period - wins the prize promoted on the registration web page. All End-users are entering the same competition through different online promotions of iBrainer service. The promotions may advertise different prizes. The winner will receive the prize that was promoted on the registration web page through which he subscribed to iBrainer service. Per each Competition Period there is only one (1) prize that will be awarded. Within 14 workdays after the closing of the competition, the winner will be personally contacted by Cellon or by our partner via the mobile number used to subscribe to the iBrainer Service. Upon being notified as the winner, the winner have 14 days from the date of notification to provide Cellon or their local representative winner’s address to which the prize is to be sent to and his photo. If winner fails to provide the address to send the prize to and/or his photo or not be in contact with Cellon within 14 days after being notified, the prize won will be forfeited and Cellon shall no longer be required to give winner the prize. The prize will then be given to the second place winner with also the same 14 days' time period to collect or providing Cellon the forwarding address to send the prize to. The prize will be delivered to the winner within 28 days upon Cellon received winner's address for delivery. The winner's name will be published at iBrainer web site. The results are final and binding and no correspondence will entertained. Cellon reserves the right to replace the item of equal or greater value as an alternative to replace any of the prizes in whole or in part. The prize must be accepted as offered, and is not transferable or severable. Cellon reserves the right to utilize all winners’ images, photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice or paying the winner.
Phone: 0861131009 Email: [email protected]
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.
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 Conditions 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.
Cellon LTD is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Cellon LTD may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za