Last Modified: February 15, 2018
You agree to be bound by the Terms regardless of whether you register to use the Website. If you do not agree, you must cease to access the Website and must discontinue use of the Services.
Pick My Brain is an online knowledge marketplace that allows the User to connect with other users acting as Brains from around the world in order to share information and experiences. The User can view a Brain’s profile, which displays their credentials and qualifications. Users may select a Brain based on the Brain’s profile and communicate with the Brain by telephone.
BY ACCESSING THE SERVICES FACILITATED BY THIS WEBSITE, YOU ACKNOWLEDGE THAT PICK MY BRAIN IS NOT PART OF THE SERVICE AGREEMENT ENTERED INTO BETWEEN THE USER AND THE BRAIN. PICK MY BRAIN DOES NOT VERIFY THE INFORMATION BEING PROVIDED BY THE BRAINS THROUGH THE SERVICES. PICK MY BRAIN DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH THE SERVICES.
“Brain(s)” refers to an individual registered with Pick My Brain to offer Services to the User in the form of providing information and sharing experiences;
“Fee(s)” refers to the monetary amount charged by the Brain for the provision of Services and payable by the User, including the amount to be remitted to Pick My Brain for facilitating the transaction;
“Pick My Brain” refers to Pick My Brain Knowledge Marketplace Inc.
“Service Agreement” refers to the agreement formed between the User and the Brain when a phone call is scheduled to communicate information and experiences;
“Services” refers to the services being provided to you whereby the User connects with a Brain to discuss information and experiences;
“Third Party Accounts” refer to accounts registered with other third party providers, including, but not limited to, social networking websites such as LinkedIn, Facebook and Twitter;
“User(s)” refers to the individual accessing the Website, including an individual who has registered with Pick My Brain through the Website in order to obtain Services;
“Website” refers to the website operated by Pick My Brain, available at http://www.pickmybrain.world .
2. Acceptable Use
(a) In order to access the Services provided through the Website, you must register as a User with Pick My Brain. Pick My Brain facilitates communications between Users and Brains by enabling a User and a Brain to arrange a telephone call and then facilitating the call through our systems. Pick My Brain is not responsible for the information shared between the User and the Brain during this communication.
(b) To register as a User, you must provide Pick My Brain with specified personal information as requested at the time of registration. You agree to provide complete and accurate information to Pick My Brain during the registration process and to update Pick My Brain of any changes to the information provided. Pick My Brain has the right to terminate your registration and you will no longer be able to use the Website and the Services if you do not provide complete and accurate information during the registration process.
(c) As a User you are responsible for honouring any scheduled phone call appointments made between yourself and a Brain through the Website. If you choose to schedule a phone call with a Brain, you are entering into a Service Agreement with the Brain. Any obligations that arise through the Service Agreement are your sole responsibility. Pick My Brain is not a party to the Service Agreement and will not be liable for related obligations.
(a) You are responsible for compliance with the Terms as set out herein. You are also responsible for compliance with any applicable laws or other requirements set out for your use of this Website or the Services. Any contravention of the Terms set out herein or the applicable laws will be considered Misuse and you will be solely responsible for any loss or injury suffered as a result of the breach.
(b) In addition to the breaches constituting Misuse as described above, you agree not to engage in the following actions, or encourage a third party to engage in the following actions, which are also considered to be Misuse:
If you engage in Misuse of the Website or the Services as described above, Pick My Brain has the right to terminate your status as a User under the termination provisions set forth in these Terms. Pick My Brain also has the right to remove any content that is considered to be in violation of these Terms or otherwise harmful or unacceptable to Pick My Brain.
4. No Endorsement
(a) Pick my Brain does not control, confirm or attempt to confirm the identity and credentials provided by the Brains or other users and is not responsible for what Users or Brains post, transmit or share on the Website or through the Services. The User is solely responsible for confirming the identity and qualifications of all Brains from which the User obtains Services. Pick My Brain is not responsible for any loss or injury whatsoever to the user or any third party as a result of any misrepresentations, errors or omissions in information provided to the User by a Brain, either on the Brain’s profile or during a communication with the User. The User acknowledges that Pick My Brain does not verify or guarantee the accuracy, quality or integrity of the information or sharing of experiences provided by the Brain and the Brain is NOT providing advice.
5. Ownership of Content
(a) As a User, you may submit content to the Website through your profile or through other means allowed for by Pick My Brain. By submitting content, you agree to grant Pick My Brain a perpetual, irrevocable licence to use, modify, distribute, sell, transfer, or otherwise use the content on the Website or for the provision of Services.
(b) By submitting any content to the Website, the User warrants that they have full right and authority to submit that content, and that they have sole copyright and proprietary right over that content. The User may not contribute, post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. Pick My Brain reserves the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever. You acknowledge that you are solely responsible for the information and content that you provide to Pick My Brain through the Website and the Services.
(c) You may be provided with the opportunity to provide feedback to Pick My Brain about the Website and your use of the Services. You agree that all feedback provided to Pick My Brain will become the exclusive property of Pick My Brain.
(d) You agree not to use, modify, copy, sell, distribute, transmit or otherwise inappropriately handle any content or information accessed through the Website or through the provision of Services. Pick My Brain does not grant you a licence to use any intellectual property owned or controlled by Pick My Brain, including trade marks, trade names and service marks.
(a) As a User, you have the ability to schedule your own telephone calls through our systems in order to connect with a Brain. The Brains have the ability to choose their own pricing rate. The prices listed are in US Dollars and are based on the Brain’s price per minute rate for a 30 minute call. The price per minute rate set by the Brain will be visible on the Brain’s profile and will be locked in for your phone call once it is scheduled. As a User your final charge will be calculated on a price per minute basis based on the actual length of the phone call rounded up to the nearest minute. You will not be charged until after the call is complete.
(b) At the end of your phone call, Pick My Brain will calculate the Fee due to be paid by the User. Pick My Brain receives a portion of Fee payable and the remaining amount is remitted to the Brain. At the discretion of Pick My Brain, the remission of the portion of the Fee payable to the Brain may be transmitted through a third party.
(c) In order to pay the Fee, you will be asked to provide personal information including your full name, billing address and credit card information. This information may be requested by Pick My Brain or a third party payment processing service chosen at the discretion of Pick My Brain. You agree to pay the Fee owed to Pick My Brain for the Services provided in accordance with the Terms set out herein. If you pay the Fee through a third party payment service, you must abide by the terms and conditions set out by that provider.
(d) You agree that Pick My Brain or a third party payment processing service chosen at the discretion of Pick My Brain has the right to pre-authorize your credit card for a nominal amount in order to verify the card.
(a) Refunds will only be offered at the sole discretion of Pick My Brain. If a scheduled phone call between the User and a Brain is cancelled, you will be refunded any Fees that were charged to you. The scheduled phone call may be cancelled by the User or the Brain up to the time of the phone call. Once the phone call has started it cannot be cancelled to obtain a refund.
8. Third-Party Services
(a) To access the Services, you may link your user account with your other Third Party Accounts, including, but not limited to, social networking websites such as LinkedIn, Facebook and Twitter. The User agrees that he or she has the right to grant Pick My Brain access to your Third Party Account and the content, including personal information, stored within for the purposes of providing the Services, without breach by you of any agreements made between you and the Third Party website and without obligating Pick My Brain to any agreements imposed by third party websites.
(b) The User acknowledges that Pick My Brain is not involved in the relationship between you and the third party website and your Third Party Accounts are governed solely by your agreements with those third party website providers.
(c) You agree not to disclose you password to any third party and you take responsibility for the actions performed through your User account, whether or not you have authorized the actions.
(d) Pick My Brain may also provide links to third party services from time to time. You agree that Pick My Brain is not responsible for any content or services provided through such web links.
9. Account Termination
(a) You acknowledge that Pick My Brain may elect to, at our sole discretion, with or without notice or cause, terminate: your User account; the agreement between you and Pick My Brain as set out in these Terms; and/or your access to the Website and the Services.
(b) You must pay Pick My Brain any remaining Fees owing and Pick My Brain will pay out any outstanding amounts owing to you.
(c) Termination of your User account does not release you from liability under the provisions of these Terms that survive termination.
(d) You may voluntarily elect to terminate your account at any time by providing notice to Pick My Brain. (e) Upon termination, either voluntary or involuntary, you must immediately cease to use the Services.
11. Liability and Disclaimers
(a) THE USER ACKNOWLEDGES THAT HE OR SHE IS CHOOSING TO ACCESS THIS WEBSITE OR USE THE SERVICES AT HIS OR HER OWN RISK. BY ACCESSING THIS WEBSITE OR USING THE SERVICES, THE USER AGREES THAT ANY LEGAL REMEDY THAT HE SEEKS TO OBTAIN DUE TO A LOSS OR INJURY SUFFERED AS A RESULT OF AN ACTION, MISREPRESENTATION, ERROR OR OMISSION BY A BRAIN OR ANOTHER USER OF THE WEBSITE WILL BE LIMITED TO A CLAIM AGAINST THE BRAIN OR OTHER THIRD PARTY. PICK MY BRAIN IS NOT A PARTY TO THE SERVICE AGREEMENT BETWEEN THE BRAIN AND THE USER. PICK MY BRAIN DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES AND THE WEBSITE.
(b) You acknowledge that Pick My Brain does not, and does not attempt to, verify or screen the identity or information provided by the Brains or other Users, including through the profiles available on the Website or communications between the parties. Pick My Brain reserves the right to investigate the identity or accuracy of information provided by a Brain or User at our own discretion. You agree that Pick My Brain is not responsible for any communications between you and the Brains or other Users of the Website and the Services.
(c) YOU ACKNOWLEDGE THAT PICK MY BRAIN EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
(d) Pick My Brain is not responsible or liable in any manner for any third-party services or supported platforms associated with or utilized in connection with the services.
(e) If you are dissatisfied with the Services provided, you may terminate your relationship with Pick My Brain and this shall be your sole and exclusive remedy against Pick My Brain.
(a) The User shall indemnify and hold harmless Pick My Brain, its directors, employees, officers, and agents from and against all losses, damages, claims, penalties, liabilities, and costs, of any kind or nature in connection with the use of this Website, the Services provided, privacy rights, or other rights of a third party.
(a) Inclusivity of Terms
“You”, “your” or similar terms refer to individuals or legal entities accessing this Website or as the User of the Services. If you are accessing this Website or using these Services on behalf of a legal entity, you warrant that you have the authority to bind that legal entity to these Terms. “We”, “us” or “our” refer to Pick My Brain.
All reference to the singular will be construed to include the plural, the masculine to include the feminine and neuter gender, and where necessary a body corporate.
These Terms may change at our discretion any time, and without notice. Modification to these Terms shall automatically come into effect upon posting. If you continue to use the Website or Services after modified Terms have been posted, you are agreeing to be bound by the modified Terms.
(c) Entire Agreement
These terms and conditions are a binding legal agreement between you and Pick My Brain. These Terms, together with any Service-specific terms and conditions or privacy policies, constitute the entire agreement between the parties with respect to the use of the Website and the Services, and supersede any prior or inconsistent agreements, representations and promises, written or oral.
(d) Conflict with Other Terms
You may encounter other terms and conditions through the use of the Website and the Services. There may be conflicts between these Terms and the other terms you encounter. In those situations, the terms specific to that situation or service will take precedence over these Terms for the conflict at issue.
(e) Nature of Relationship
No agency, partnership, joint venture, or employment relationship is created between Pick My Brain and the Users or the Brains as a result of this Agreement and neither party has any authority of any kind to bind Pick My Brain in any respect.
Should any part of these Terms for any reason be declared invalid, such decision will not affect the validity of any remaining portion, which remaining portion will remain in force and effect as if these Terms had been executed with the invalid portion thereof eliminated.
Any provision of these Terms, which to give effect to its meaning must survive or is intended to survive termination of the relationship between Pick My Brain and the User shall survive the expiration or termination of the agreement between the parties.
(h) Force Majeure
Neither Pick My Brain nor the User shall be responsible to the other for non-performance or delay in performance occasioned by any causes beyond its control including, without limitation, acts or omissions of the other party, acts of terrorism, acts of civil or military authority, strikes, lock-outs, embargoes, insurrections or acts of God. If any such delay occurs, any applicable time period shall be automatically extended for a period equal to the time lost, provided that the party affected makes reasonable efforts to correct the reason for such delay and gives to the other party prompt Notice of any such delay.
The User agrees not to assign or transfer any rights or obligations arising under these Terms without the consent of Pick My Brain.
These Terms will enure to the benefit of and be binding upon the User and his successors or permitted assigns.
Any notices required by Pick My Brain as provided for within these Terms will be given in writing by e-mail or by posting to the Website.
(l) No Waiver
The failure of Pick My Brain to assert any claim in a timely fashion for any of its rights or remedies under these Terms shall not be construed as a waiver of any subsequent breach and will not serve to modify, alter or restrict Pick My Brain’s right to assert any claim for a subsequent breach at any time thereafter.
(m) Governing Law
These Terms will be governed by the laws and courts of the province of British Columbia, and by the applicable laws of Canada.