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Last revised: December 10th, 2013

PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY

1. DESCRIPTION OF SERVICES AND LIMITED LICENSE TO USE SERVICES

These Terms of Use sets forth the agreement between BRAINways Education and each of the participants in the BRAINways Education programs, users of the BRAINways Education website and other services. BRAINways Education’s Privacy Policy is an integral part of these Terms and is integrated into them by reference. If you do not agree to the BRAINways Terms of Use, you may not access or otherwise use the Services.

BRAINways Education reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below in article 11.   By continuing to access and use the BRAINways services after these Terms have been modified, you are agreeing to such modifications.

Any of the materials available on the BRAINways Education website, or made available via face to face or e-learning programs are designated for the non-commercial use by individuals, namely the students who enrolled and participated in the respective program(s). Any use of the BRAINways Education materials, other than the uses listed above will attract legal consequences

 2. ENROLMENT

2.1 Enrolment in BRAINways programs.

Access to the BRAINways E-Learning programs will be based on the existence of an account, which will be accessed via a username and a password. The account will be created by the BRAINways staff based on the enrolment information provided. Please note that, should the enrolment information provided be incorrect, the access to BRAINways E-Learning may not be possible.

Students participating in the BRAINways E-Learning programs may not change the password and username allocated by the BRAINways Education staff. Should the BRAINways E-Learning participants change their username and password, a penalty will apply. Also, the username and password is designated for the use of the individual student who enrolled in the respective BRAINways E-Learning program, and it is not transmissible. The individual student enrolled in the BRAINways E-Learning program is responsible for maintaining the confidentiality and security of the BRAINways E-Learning username, password, and of the account itself, and he/she is not to reveal the username and password to any parties. BRAINways Education reserves the right to suspend the access to the BRAINways E-Learning program and prohibit any and all current or future use of the BRAINways Education services (or any portion thereof) by you, if BRAINways Education has reasonable grounds to believe that the confidentiality and the security of the username, password or account itself was not maintained. Also, BRAINways Education is not to be held responsible for any damage or loss incurred as a result of the unauthorized use of the Account..

If any contact details (including without limitation, user name, e-mail address and billing address) change, you agree to notify BRAINways Education in writing within thirty (30) days of the occurrence of such change.

2.2 Accuracy of Information Provided.

As an applicant or participant in the BRAINways programs, you agree to supply true, accurate, up-to-date and complete personal information and keep it up to date. You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the User name, password or any other information relating to someone else’s Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when the registration process asks you to give this information.

You acknowledge and accept that BRAINways Education may take action to check the accuracy of the information you give.

If you provide any information that is false, inaccurate, outdated or incomplete, or BRAINways Education has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, BRAINways Education has the right to suspend or terminate your access in the BRAINways programs and prohibit any and all current or future use of the BRAINways Education services (or any portion thereof) by you.

You also agree to inform BRAINways Education as quickly as possible at info@brainways.com.au of any unauthorized use of your User name, password or other information concerning your Account or of any other security violation concerning or involving the BRAINways Education services which comes to your attention.

 3. USE OF SERVICES AND RULES OF CONDUCT

3.1 Use of Services.

The BRAINways services are intended for personal use only and, as applicant to attend or participant in the BRAINways Education programs, you must in no case use them in any way for commercial purposes. You undertake not to sell, rent out. You also undertake not to arrange, modify, decompile, disassemble, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the BRAINways services or content,

You undertake to comply at all times during use of the BRAINways services (i) with the national and international laws and regulations in force and (ii) with these Terms. YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICES (INCLUDING THROUGH THE CREATION AND USE OF ANY CONTENT GENERATED BY YOURSELF) FOR UNLAWFUL OR IMMORAL PURPOSES OR FOR PURPOSES CONTRARY TO THE USE OF THE SERVICE.

You agree to use the BRAINways services only for lawful purposes, and that you are responsible for your use of and communications within the BRAINways services.

4. ACCESS AND TERMS SPECIFIC TO MINORS

If you are a minor, you represent that you obtained the legal consent of your parent or legal guardian to participate in BRAINways Education programs and enter into these Terms, submit content, participate through the Services and fulfill the obligations set forth in these Terms.

If you are a parent or guardian, BRAINways Education advises that it is your responsibility to monitor your children’s online activities.  To protect your children’s privacy, BRAINways Education advises you check that your children never disclose their personal data.

In all cases, use of the Services by Minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. BRAINways Education DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

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5. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all materials related to the BRAINways Education Services are the property of BRAINways Education, and are subject to and protected by the Australian and international copyright and other intellectual property laws and rights.  Therefore, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of BRAINways Education.

The trademarks, services marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the BRAINways Education website or as part of other services are the sole property of BRAINways Education not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of BRAINways Education.  Please note that BRAINways Education will enforce its intellectual property rights to the fullest extent of the law.

BRAINways Education does not make claims that every element of the material or services provided is legal in every country or territory outside Australia, Therefore, participants who use the BRAINways services from outside Australia do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable.  You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not BRAINways Education are responsible for compliance with applicable local laws.

You may submit reviews, comments, or other feedback on the Services.  Any comments, suggestions, or feedback relating to the Services or the Materials on the Services submitted to BRAINways Education shall become the property of BRAINways Education.  BRAINways Education will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or the Services operations, the content that is posted on the Services whether the changes are to related content that is posed on the Site or not in the future.  Without limitation, BRAINways Education will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.  You acknowledge that you are responsible for whatever material you submit, and you, not BRAINways Education, have full responsibility for the message, including its legality, reliability, and appropriateness, originality and copyright.

6. USER GENERATED CONTENT (“UGC”)

BRAINways Education offers you the possibility of (i) creating original content as part of the BRAINways programs, If you create content, you undertake to comply with the clauses of these Terms at all times during and after the creation of this content. The Terms will continue to apply after any termination of your participation in the BRAINways Education programs, .

You understand that all content you generated is your sole responsibility.

UNDER NO CIRCUMSTANCES WILL BRAINways Education BE LIABLE IN ANY WAY FOR ANY CONTENT YOU GENERATED.

7. REPORTING OF UNLAWFUL CONTENT

If you consider that any content made available on the Services by users does not comply with these Terms (including the Rules of Conduct stipulated in article 3.2), you may report this to BRAINways Education at info@brainways,com,au

a.        Specify the date of your notification;

b.        Indicate your surname, first name, profession, nationality, date and place of birth, address, telephone number and e-mail address;

c.        Identify and describe the content which is, in your opinion, contrary to these Terms or infringing, indicating its precise location on the Services;

d.        Indicate the reasons why you believe that this content does not comply with these Terms and should be removed from the Services. With regard to this, cite the legal provisions and proof of the facts;

e.        When reporting a copyright infringement, identify the work protected by the copyright of which you wish to report the infringement

After receipt of a full notification, BRAINways Education reserves the right to act as it deems appropriate, entirely at its own discretion.

8. FORUMS AND DISCUSSION AREAS PROVIDED BY THE SERVICES

The services made available through BRAINways Education may contain forums, information groups or other types of online discussion areas (collectively known as “Forums”) which are moderated after the event, with the result that your messages are not checked before being displayed.

When you use these Services, you should be aware of the fact that your User name and your messages will be public and consultable by any student enrolled in the BRAINways Education programs. Therefore, your messages will be sent at your own risk and you have sole responsibility for their submission, publication and dissemination.

You undertake not to:

·            restrict or prevent use of the Forum by any other User of the Services;

·            place on line or reveal via the Services any real personal information concerning a participant;

·            place on line or reveal information which is not generally related to the designated topic or theme of the public Forum in question;

·            place on line or reveal information which is inappropriate or disrespectful of the usual or targeted Users of the Forum.

BRAINways Education reserves the right to contact you to obtain further information on the messages you have disseminated, in particular to check that you are entitled to disseminate them and/or that you are the owner of the elements (text, words, images, sounds, videos, etc.) which they contain.

IN ALL CASES, BRAINways Education is not responsible towards a User for and does not endorse the opinions, advice and/or recommendations displayed or sent by Users on the Services, notably in any public forum, and declines any responsibility in this regard.

9. ADVERTISING AND PROMOTION OF PRODUCTS

BRAINways Education will not directly advertise any company or product. However, indirectly some promotion might take place. BRAINways Education will not be responsible or liable for any content, goods, or services provided by third parties

10. LIABILITY, GUARANTEE AND COMPENSATION

LIMITATION & EXCLUSION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE BRAINways SERVICES IS AT YOUR OWN RISK.

THE BRAINways SERVICES ARE SUPPLIED ON AN “AS IS” OR “AS AVAILABLE” BASIS.  BRAINways Education EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND.

BRAINways Education DOES NOT GUARANTEE AND MAKES NO COMMITMENT OR WARRANTY CONCERNING THE USE OF ITS SERVICES OR THE RESULTS OF THE USE OF THE SERVICES.

BRAINways Education DECLINES TO OFFER ANY GUARANTEE CONCERNING THE MARKET VALUE OF THE SERVICES OR YOUR SATISFACTION OF THE SERVICES. BRAINways Education THEREFORE OFFERS NO GUARANTEE AND ACCEPTS NO RESPONSIBILITY TO YOU WITH REGARD TO YOUR OWN ACTIONS AND/OR THE ACTIONS OF OTHER USERS OF THE SERVICES.

BRAINways Education MAY IN NO CASE BE HELD LIABLE FOR PAYMENT TO YOU OF ANY SUM OR ANY DAMAGES AS A RESULT OF YOUR BEING UNABLE TO USE ALL OR PART OF THE SERVICES. IN NO CASE MAY BRAINways Education BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SERVICES, EVEN IF BRAINways Education HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES .  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WEILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRAINways Education AND YOU.

IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL OBLIGATIONS, BRAINways Education RESERVES THE RIGHT (i) TO DELETE YOUR ACCOUNT  AND (ii) TO TAKE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY IN ORDER TO HALT THE VIOLATION AND OBTAIN COMPENSATION FOR ITS LOSSES. IN PARTICULAR, WITHOUT LIMITATION, BRAINways Education RESERVES THE RIGHT TO PROSECUTE ANY USER WHO WAS DELIBERATELY DAMAGED OR ATTEMPTED TO DAMAGE THE SERVICES OR DISRUPTED THE LEGITIMATE FUNCTIONING OF THE SERVICES OR PROVIDED ASSISTANCE FOR SO DOING.

BRAINways Education RESERVES THE RIGHT TO TERMINATE ALL OR PART OF THE AVAILABLE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. UPDATING OF SERVICES AND TERMS

Modification of Terms

BRAINways Education reserves the right to change, modify, add or delete the clauses of these Terms and other notices at any time, temporarily or permanently and entirely at its own discretion.

You therefore undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.

Modification of Prices of Services

BRAINways Education reserves the right to modify the prices of the Services, on the understanding that the new price is applied only to applications for enrolments after the new price has come into effect.

Modification of Access to Services and Content

BRAINways Education may modify the Content on its websites at any time. Lastly, BRAINways Education reserves the right to (a) restrict access to all or part of its services for any User and/or (b) delete all or part of the Services, entirely at its own discretion.

12. PRIVACY POLICY

Use of the Services is subject to the terms of our privacy policy (“Privacy Policy”) accessible at register.brainways.com.au/privacy-policy which is incorporated into and made part of these Terms. Please carefully review our Privacy Policy.  By using the BRAINways Education services, you acknowledge that you have read, and you agree to be bound by the terms of our Privacy Policy.  We reserve the right to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

13 MISCELANEOUS

Titles and Headings

The headings of the clauses are intended solely to facilitate reading and understanding of these Terms and may in no case allow any assumption to be made as to the content of the clauses and the way in which they may be interpreted.

Force majeure

Subject to the applicable legal provisions, BRAINways Education may not be held liable for exceptional circumstances.

You agree that you will not access the Services from any territory where its contents are illegal, and that you and not BRAINways Education, are responsible for compliance with applicable local laws.

Contacts

These Terms can be accessed at any time at www.brainways.com.au