Terms of Service

1Acceptance of Terms

By creating an account, submitting information, making a purchase, posting a listing, or otherwise using any BrainPower platform, you confirm that you:

• Are at least 18 years of age (or the age of legal majority in your jurisdiction)
• Have the legal capacity to enter into binding agreements
• Have read, understood, and agree to be bound by these Terms of Service
• Agree to our Privacy Policy, which is incorporated by reference into these Terms

If you are using our platforms on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.

2Definitions

As used in these Terms:

• "BrainPower," "we," "us," "our" refers to BrainPower Engineering Company Limited and all platforms operated under its umbrella
• "Platforms" refers collectively to brainpower.my, e-hirelink.com, blink.e-hirelink.com, and auctome.brainpower.my
• "User," "you" refers to any individual or entity accessing or using the Platforms
• "Freelancer" refers to an independent professional offering services on HireLink
• "Employer" refers to a person or business posting job or project contracts on HireLink
• "Vendor" refers to a business or individual listing products on Blink Business
• "Buyer" refers to a person purchasing products on Blink Business
• "Agent" refers to a registered real estate agent or developer listing properties on Auctome
• "Content" means any text, images, data, information, or materials submitted to or displayed on our Platforms
• "Services" means all features, tools, and functionality provided through our Platforms

3User Accounts

To access most features of our Platforms, you must create an account. By registering, you agree to:

• Provide accurate, current, and complete information during registration
• Keep your account information updated
• Maintain the confidentiality of your login credentials and not share them with any third party
• Be solely responsible for all activities that occur under your account
• Notify us immediately at info@brainpower.my if you suspect unauthorised access to your account
• Not create multiple accounts, impersonate another person, or use a false identity

We reserve the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or are used for fraudulent activity.

4HireLink — Freelance Marketplace

HireLink is a platform connecting employers with freelancers for project-based work. The following terms apply specifically to HireLink users.

For Employers

• You must post accurate, complete, and lawful job or project descriptions
• You may not post listings that are discriminatory, misleading, or in violation of Nigerian employment and anti-discrimination laws
• You are responsible for evaluating freelancer profiles, reviewing proposals, and making hiring decisions
• Payment terms must be clearly agreed upon before work commences
• You must honour all milestone and payment agreements made through the platform

For Freelancers

• You must represent your skills, experience, and qualifications accurately in your profile
• You are responsible for delivering work to the agreed standard, scope, and timeline
• You are an independent contractor, not an employee of BrainPower or the employer
• You are solely responsible for your own tax obligations, insurance, and legal compliance as a self-employed individual
• You may not solicit employers to bypass the platform to avoid service fees

General HireLink Rules

• BrainPower acts as a marketplace intermediary and is not a party to agreements between employers and freelancers
• Disputes between employers and freelancers should be resolved through our dispute resolution process before pursuing external remedies
• We reserve the right to remove listings or accounts that violate these Terms or applicable law

5Blink Business — Product Marketplace

Blink Business is a B2C marketplace for businesses to list and sell products. The following terms apply to Blink Business users.

For Vendors

• You must be a legally registered business or a lawful seller of the goods you list
• All product listings must be accurate, including price, description, photos, availability, and applicable warranties
• You must not list counterfeit, prohibited, recalled, or illegal products
• You are responsible for fulfilling orders promptly and in accordance with your stated delivery terms
• You must handle returns, refunds, and customer complaints in a fair and timely manner consistent with applicable Nigeria consumer protection law
• You grant BrainPower a non-exclusive licence to display your product content on the platform

For Buyers

• Product purchases constitute a contract between you and the vendor, not BrainPower
• You are responsible for reviewing product descriptions and return policies before purchasing
• Disputes with vendors should first be raised through our platform's dispute resolution tool

6Auctome — Property Platform

Auctome is a property listing and discovery platform. The following terms apply to Auctome users.

For Agents and Developers

• You must hold a valid real estate licence or relevant registration as required under Nigerian law
• All property listings must be accurate, current, and lawfully available for sale or rent
• Listing photos, descriptions, prices, and location data must truthfully represent the property
• You are responsible for removing listings once a property is no longer available
• You must not list properties you do not have authority to market

For Property Seekers

• Auctome is a listing and discovery platform only — it does not facilitate property transactions directly
• Any transaction, negotiation, or agreement is solely between you and the agent or developer
• BrainPower does not guarantee the accuracy of listings or the availability of properties
• Always conduct proper due diligence, including legal and financial verification, before entering into any property agreement

7Prohibited Conduct

You agree not to use any BrainPower platform to:

• Violate any applicable local, national, or international law or regulation
• Engage in fraudulent, deceptive, or misleading activity of any kind
• Post content that is defamatory, obscene, threatening, harassing, or invasive of another's privacy
• Infringe the intellectual property, trademark, copyright, or other rights of any third party
• Transmit unsolicited advertising, spam, or chain messages
• Interfere with or disrupt the integrity or performance of our platforms or servers
• Attempt to gain unauthorised access to any account, system, or network
• Harvest, scrape, or collect data from our platforms without prior written permission
• Use automated tools, bots, or scripts to interact with our platforms in an unauthorised manner
• Engage in money laundering, terrorist financing, or any other financial crime
• Impersonate any person, organisation, or BrainPower employee
• Use the platforms in any way that could damage the reputation of BrainPower

8Intellectual Property

All content, design, code, trademarks, logos, graphics, and materials on our Platforms — except user-submitted content — are the intellectual property of BrainPower Engineering Company Limited or its licensors, protected under Nigerian and international intellectual property law.

You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any BrainPower intellectual property without our prior written consent.

Your content: By submitting content to our platforms (listings, profiles, reviews, messages), you grant BrainPower a worldwide, royalty-free, non-exclusive licence to use, display, store, and distribute that content solely for the purpose of operating and improving our services. You retain ownership of your content and are solely responsible for ensuring it does not infringe third-party rights.

9Payments & Fees

Where our platforms involve financial transactions:

• All fees, charges, and pricing will be clearly disclosed before any transaction is completed
• Payments are processed by authorised third-party payment gateways; we do not store full payment card details
• All prices displayed are in Nigerian Ringgit (MYR) unless otherwise stated
• Applicable taxes (including GST/SST where required by Nigerian law) are the responsibility of the respective parties
• Refunds, cancellations, and dispute resolution procedures are governed by the specific policies of each platform (HireLink, Blink Business, Auctome)
• BrainPower reserves the right to modify its fee structure with reasonable notice to users

10Disclaimers

We do not warrant that:

• Our platforms will be uninterrupted, error-free, or free from viruses or harmful components
• Any information on our platforms (including property listings, freelancer profiles, or product descriptions) is accurate, complete, or current
• Results obtained from using our services will meet your expectations

BrainPower is a marketplace platform and intermediary. We are not responsible for the conduct, content, quality, or legality of users, listings, products, services, or properties on our platforms. All transactions and agreements are made at your own risk.

11Limitation of Liability

To the fullest extent permitted by Nigerian law, BrainPower Engineering Company Limited, its directors, employees, affiliates, agents, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from disputes between users of our platforms
• Unauthorized access to or alteration of your transmissions or data
• Any loss arising from your reliance on information posted on our platforms

In no event shall our total aggregate liability to you for all claims relating to our services exceed the amount you have paid to BrainPower in the twelve (12) months preceding the claim, or MYR 500, whichever is greater.

12Indemnification

You agree to indemnify, defend, and hold harmless BrainPower Engineering Company Limited and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of or access to our platforms
• Your violation of these Terms of Service
• Your violation of any third-party right, including intellectual property or privacy rights
• Any content you submit, post, or transmit through our platforms
• Any dispute between you and another user of our platforms

13Termination

BrainPower reserves the right to suspend, restrict, or permanently terminate your access to any or all of our platforms at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or caused harm to other users or our business.

You may close your account at any time by contacting us at info@brainpower.my. Upon termination:

• Your right to access our services will immediately cease
• We may retain certain data as required by law or legitimate business purposes
• Outstanding obligations, including payment obligations, survive termination
• Sections of these Terms that by their nature should survive termination (including Sections 8, 10, 11, 12, and 14) shall remain in full effect

14Governing Law & Disputes

These Terms of Service shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law principles.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the use of our platforms, the parties agree to first attempt to resolve the matter through good-faith negotiation for a period of thirty (30) days.

If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of Nigeria. You agree to submit to the personal and exclusive jurisdiction of such courts.

Notwithstanding the foregoing, BrainPower reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

15Changes to These Terms

We may revise these Terms of Service at any time. When we make material changes, we will update the "Last Updated" date and, where appropriate, provide notice via email or a prominent notice on our platforms.

Your continued use of our platforms after the effective date of any revised Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of our platforms.

We encourage you to review these Terms periodically to stay informed of any updates.

16Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: