Welcome to www.briancha.com (The “Site”). The Site is owned and operated by Brian Cha Motivation.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, your use of the Site constitutes your agreement (“Agreement”) to the terms and conditions outlined below.
We provide users of the site with access to certain content and services related to Brian Cha Motivation and its affiliated companies’ products and service, which may include membership platform, private communication groups, FAQ and other product manuals, information, news, tools, text, photos, audio and video clips, links to third party websites and other similar content (collectively, The “Services”).
ACCEPTANCE OF TERMS
The Site and Services are made available by Brian Cha Motivation and its affiliated companies subject to this agreement. We reserve the right to update or make changes to this agreement at any time. You can determine when this agreement was last revised by referring to the "Last Updated" legend at the top of the page. When using the site and any services, you agree that you are subject to any additional posted guidelines, rules, Terms And Conditions applicable to the Site and the Services, which are hereby incorporated by reference into this agreement.
We reserve the right at any time, temporarily or permanently, to:
- Modify or discontinue the Site and the Service, with or without notice
- Charge fees in connection with the use of the Site
- Modify and/ or waive any fees charged in connection with the Site and the Services
- Offer opportunities to some or all users of the Site and the Services
You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the site, in whole or in part, or of any Service, content through the site. Your continued use of the Site and the Services after such changes will indicate your acceptance of the changes.
The Site is controlled and operated by Brian Cha Motivation from Hong Kong Special Administrative Region and is not intended to subject Brian Cha Motivation to the laws or jurisdiction of any state, country, or territory other than that of Hong Kong Special Administrative Region. If you are accessing the Site outside of Hong Kong Special Administrative Region, Brian Cha Motivation does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction other than Hong Kong Special Administrative Region. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
COPYRIGHT AND TRADEMARK
The information and services made available through the Site and shall remain the property of Brian Cha Motivation and protected by international copyright, trademark, patent and/ or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Brian Cha Motivation to access and use the Site, at any given time you may view one copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorised in advanced by Brian Cha Motivation in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
All trademarks and service marks on the Site not owned by Brian Cha Motivation and/ or its licensors are the property of their respective owners. The trade names, trademarks and service marks owned by Brian Cha Motivation and/or its licensors, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Brian Cha Motivation’s and/ or its licensors’ trade names, trademarks or service marks without our express prior written consent.
Brian Cha Motivation’s and/ or its licensors’ trademarks include, without limitation, the word Brian Cha Motivation, any associated logos and individual registered and unregistered product names, as well as beginning and its associated logos.
SUBMISSIONS, FEEDBACK AND TESTIMONIALS
If you provide any comments or suggestions to Brian Cha Motivation with respect to the Site, services, or Brian Cha Motivation products or services, you agree to assign to Brian Cha Motivation all rights and titles to the feedback upon submission of the comment. You also agree not to assert any "Moral" rights or other rights with respect to attribution of authorship or integrity of such feedback that you may have under any applicable law and under any legal theory. Without limiting the foregoing, you agree that Brian Cha Motivation may make available on the Site any testimonials, content, and/or materials in connection therewith, that you submit to Brian Cha Motivation ("Testimonials"). As such, you hereby grant To Brian Cha Motivation, its affiliates and their respective service providers and designees a Worldwide, nonexclusive, transferable, sublicense (Through Multiple Tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: To use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such testimonial, in any media now known or hereafter developed.
For each testimonial, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such testimonial, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You acknowledge and agree that we reserve the right to do and or all of the following, at our discretion:
Monitor and respond to testimonials;
- Alter, remove, or refuse to post any testimonial;
- Disclose any testimonials, and the circumstances surrounding their transmission, to any third party, in each of the foregoing cases, in order to operate the site;
- Protect Brian Cha Motivation and its affiliates, and each of their respective employees, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers (the “Brian Cha Motivation Parties”), and the Site’s users and visitors;
- Comply with legal obligations or governmental requests.
RULES OF CONDUCT
While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section. If you fail to comply with such rules, we may terminate your access to the Site pursuant to this Agreement. You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal
activities or activities such as "hacking," "cracking," or “phreaking.";
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Any unsolicited or unauthorised advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation;
- Any material, non-public information about a company without the proper authorisation to do so.
- Use the Site for any fraudulent or unlawful purpose;
- Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
Impersonate any person or entity, including without limitation any representative of Brian Cha Motivation or its affiliates; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
- Frame or mirror any part of the Site without Brian Cha Motivation’s express prior written consent;
- Create a database by systematically downloading and storing all or any Site content;
- Additionally, you acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, however, there may occasionally be flaws in the information presented on the Site. All product or non-product descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site or Coaching Call, are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products; While it is our practice to confirm orders by email, the receipt of an email confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Brian Cha Motivation reserves the right to limit the available quantity of or discontinue any product or service; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
Refunds and exchanges will be subject to Brian Cha Motivation’s General Sales Terms and Conditions policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
You may be required to register with Brian Cha Motivation in order to access certain Services or areas of the Site. With respect to any such registration, we may prevent you from using the following:
- A user name (or email address) that is already being used by someone else
- A user name that may be construed as impersonating another person
- A user name that personally identifies you
- A user name that violates the intellectual property or other rights of any person
- A user name that we reject for any other reason in our sole discretion
If you do register with Brian Cha Motivation, you are responsible for keeping your account username and password confidential at all times and restricting access to your computer. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions). You agree to immediately notify Brian Cha Motivation of any unauthorised use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you sign out of your account with the Site at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
The Site may provide links to other web sites and online resources. Unless otherwise explicitly stated, because Brian Cha Motivation has no control over such sites and resources, you acknowledge and agree that the Brian Cha Motivation Parties are not responsible for the availability of such external sites or resources, and neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Web sites other than the Site may provide links to the Site with or without our authorisation. You acknowledge and agree that the Brian Cha Motivation Parties do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Brian Cha Motivation shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Except to the extent prohibited by applicable law, you agree to defend, indemnify and hold harmless the Brian Cha Motivation Parties from and against all claims, losses, costs and expenses (including attorney fees) arising out of (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region, without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the State and Federal Courts located in tHong Kong Special Administrative Region, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Brian Cha Motivation may give notice to you of a change in these terms and conditions, a change in the product prices, or any matter by general posting on email@example.com by electronic mail, or by conventional mail to your address contained in the customer registration data. You may give notice to Brian Cha Motivation by email to firstname.lastname@example.org.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Brian Cha Motivation. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way
defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Brian Cha Motivation relating to the Site and Services and supersedes any prior or contemporaneous agreements between you and Brian Cha Motivation relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Brian Cha Motivation’s discretion.