4.1 The Products and Activities on sale are intended for personal use only, in normal and reasonable quantities. Unless indicated, you, or the person nominated under clause 3.5 must not redistribute, share or otherwise provide others with access to the Products or Activities.
4.2 While Brain Value will take reasonable steps to ensure the availability of the Website and the accuracy of the information displayed there, the Website and its contents are necessarily provided on an “as is” and “as available” basis. Brain Value reserves the right to correct any errors published on the Website and to suspend access to the Website, without notice.
4.3 If, after receiving your order and payment for an Activity, Brain Value exercises its discretion and does not accept your order for an Activity under clause 3.6, Brain Value will refund the Price in accordance with these Product T&Cs.
4.4 Where the Price of the Activity is changed under clause 5.1 then
(a) a registration for an Activity which has been confirmed by Brain Value in writing before the change in Price will remain registered and the Price will remain as confirmed in the original registration;
(b)subject to clause 4.4(c), a registration for an Activity which has not been confirmed by Brain Value in writing before the announcement of such a change in Price will be cancelled and Brain Value will refund you the Price for the Activity upon receipt of a written request by you for a refund; and
(c) if notwithstanding the increase in the Price, you elect to proceed with your registration for the Activity, you must pay the difference in the Price to Brain Value in order for your registration to be confirmed by Brain Value.
4.5 Brain Value reserves the right to refuse your admission to, or ask you to leave, an Activity, where it is reasonably necessary to protect the legitimate interests of Brain Value, including where you have failed to comply with the Terms or in the opinion of Brain Value you represent a security risk, nuisance or annoyance to the running of the Activity.
4.6 You agree to comply with all reasonable instructions issued by Brain Value or the venue operators at an Activity.
4.7 The person who purchases or otherwise registers for an Activity through the Website (the Delegate) must attend the entire Activity in order to qualify for the allocated continuous professional development (CPD) qualifying hours.
4.8 You are not permitted to photograph, film, record or otherwise transmit any audio or visual material, data at or in connection with an Activity unless you have Brain Value’s prior written consent.
4.9 You understand and acknowledge that:
(a) you may be photographed, filmed or otherwise recorded (Recordings) by Brain Value, media or any other third party at an Activity;
(b) Brain Value may provide the Recordings to third parties (such as journalists, advertising agencies and media outlets) for use or distribution; and
(c) you will not receive any payment in relation to the use, publication or distribution of any Recording.
4.10 By being present at an Activity, you:
(a) agree that Brain Value has absolute rights of ownership of any Recordings taken by or on behalf of Brain Value at an Activity;
(b) agree that the Recordings may be used by Brain Value for various purposes, including but not limited to, promoting our activities, in Brain Value’s advertising materials, newsletters, on social media and anywhere on Brain Value’s websites; and
(c) hereby release Brain Value, its officers employees, affiliates, licensees, agents and assignees (Related Parties) from any and all present and future liabilities, including but not limited to:
(i) claims, demands or suits;
(ii) losses or damages of any kind excluding those caused by or resulting from any wrongful, wilful or negligent act or omission of Brain Value or any of its Related Parties; or
(iii) any indirect, incidental, special or consequential damages, including but not limited loss of profits or anticipated profits, loss of goodwill or loss of reputation, even if notified of the possibility of such potential loss or damage, that may arise out of you participation at an Activity, or as a result of Brain Value’s use of any Recordings in which you are in any way depicted and/or identified.
5.1 The price of Products (including all applicable delivery and other charges and taxes) will be as quoted on the Website from time to time, and are subject to change without notice to you until you have paid for the Products in full (Price).
5.2 All Prices:
(a) are displayed in Australian Dollars; and
(b) include GST unless indicated otherwise, but are otherwise exclusive of all taxes.
5.3 The valid payment methods are outlined on the Website.
6 Delivery of Activities
6.1 Due to the nature of online Activities, Brain Value will generally deliver access to the Activities electronically, via a link to your email address supplied when you order the Activity. Brain Value will provide use and access instructions within an email after registration.
6.2 If Activities are deliverd face-to-face, Brain Value will provide the location and access instructions within an email sent after registration.
6.3 Brain Value uses all reasonable efforts to sent the email with instructions one week before the date of the Activity.
7 Refunds and Returns for Products and Activities
Where you purchase a Product and/or Activty, the following terms shall apply to refunds and returns:
7.1 Subject to clause 8, no refunds are provided for incorrect choices or change of mind.
7.2 Should you receive an incorrect Product or faulty link to a Product or Activity, please contact Brain Value within 10 days of receipt and Brain Value will arrange to either:
(a) exchange the Product; or
(b) re-issue a link to the correct Product/Activity.
7.3 Brain Value may require you to provide an appropriate proof of purchase before offering to re-issue or exchange the Product/Activity. Any refund will be made using your original payment method or such other method at Brain Value’s discretion.
7.4 Subject to clause 8, webinars, workshops and other recordings are non-refundable once downloaded.
7.5 You must contact Brain Value to claim a refund, exchange, credit or for further information in connection with the Products/Activities.
7.6 Brain Value intends to run live Activities as advertised, but reserves the right to change the Activities without notice and to cancel if there are insufficient registrations.
7.7 If Brain Value determines that you are entitled to a refund in respect of cancellation of an Activity, the Price will be refunded.
7.8 If you wish to cancel your registration for an Activity, you must do so by contacting us. If the Notification is received by Brain Value 7 days or more before the date of the Activity (Final Cancellation Date), Brain Value will refund you the Price less any reasonable administration costs (as determined by Brain Value, acting reasonably and in good faith by taking into account what is reasonably necessary to protect Brain Value’s legitimate interests). As a result of the administrative, third party and other costs incurred by Brain Value, no refunds will be provided for cancellations received after the Final Cancellation Date. If the Activity for which you have registered, consists of multiple activities (a Multi-Event Activity), including, without limitation, update subscriptions, series, packages and blended learning, the Final Cancellation Date for such Multi-Event Activities is 7 days before the date of the first activity within that Multi-Event Activity. As a result of the administrative, third party and other costs incurred by Brain Value, no refunds (in whole or in part) will be provided for Multi-Event Activities once they have commenced. Amounts to be refunded cannot be credited or otherwise applied towards future Activities. Exceptional cases will be taken into consideration and reviewed by Brain Value for qualification of refund after the Final Cancellation Date.
7.9 You may apply to transfer to another Activity date offered at the Website which you originally registered for by notifying Brain Value, in writing, by close of business on or before the Final Cancellation Date. Transfers are subject to availability and payment of the difference of the Price for the Activity to which you have transferred. You cannot apply for a transfer to another Activity if the Activity for which you registered is a Multi-Event Activity, and that Multi-Event Activity has already commenced.
7.10 Brain Value will not grant you a refund if you or the relevant Delegate fails to attend an Activity which you have registered for and was not cancelled by you in accordance with this clause 7.
7.11 If you or the Delegate wish to send an alternate Delegate to an Activity (Substitute), you must make a request to Brain Value in writing by close of business on the Final Cancellation Date. The registration of a Substitute may be:
(a) subject to additional fees, including, but not limited to, changes to the Price; and
(b) is subject to Brain Value’s sole discretion, provided that Brain Value acts reasonably in the circumstances.
7.12 Where a Substitute is rejected by Brain Value, Brain Value will provide notice in writing setting out the reasons why the Substitute has been rejected. Where a Substitute is accepted by Brain Value, the qualifying hours will be allocated to the Delegate which has been approved as a Substitute by Brain Value.
Limitation of Liability
8.1 To the maximum extent permitted by law but subject always to clause 8:
(a) the Products and Activities are provided to you:
(i) subject to clause 4; and
(ii) without any representation or endorsement and without warranty or guarantee of any kind;
(b) Brain Value excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms and Product T&Cs;
(c) Brain Value does not guarantee, nor shall it be liable to your loss or claim (or those of a third party) in connection with:
(i) the accuracy, completeness or timeliness of the content on the Website;
(ii) continuous, uninterrupted or secure access to the Website or that its servers are free from viruses (including malware or spyware), bugs or other destructive properties or that defects will be corrected; or
(iii) that the operation of the Website will be uninterrupted or error free;
(d) under no circumstances Brain Value will be liable for any indirect, incidental or consequential loss or damage arising in relation to:
(i) any transaction entered into with you; or
(ii) any Products/Activities purchased by you through the Website; and
(e) Brain Value’s liability will be limited to the cost of the Product/Activity purchased by you.
Application of Consumer guarantees
8.2 The Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) provides consumers with certain ‘consumer guarantees’. These guarantees apply where the goods and services Brain Value supplies you are of a kind ordinarily acquired for personal, domestic or household use and are not re-supplied by you.
8.3 Where our liability with respect to any statutory rights under the Consumer Laws cannot be excluded, but may be restricted or modified by agreement, our liability is limited to:
(a) in the case of a supply of goods, our choice of replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or, paying the cost of having the goods repaired, and
(b) in the case of a supply of services, our choice of supplying the services again; or, paying the cost of having the services supplied again.
8.4 Nothing in these Product T&Cs is intended to exclude, restrict or modify any rights that you may have under any applicable legislation, which may not be excluded, restricted or modified by agreement.
8.5 If any provision of these Product T&Cs is rendered or deemed to be illegal, void or unenforceable, then under Australian Consumer Law where the offending provision can be read down so as to give it a valid and enforceable operation, it must be read down to the minimum extent necessary.
9.1 You agree to indemnify and hold harmless Brain Value from and against any losses or claims arising out of or in connection with your:
(a) breach of these prodcut T&Cs;
(b) violation or breach of any laws (including any act of fraud by or on behalf of you); or
(c) infringement of the rights of any third party.
9.2 For the avoidance of doubt, the indemnity in clause 9.1 will extend to any losses or claims Brain Value may suffer as a result of the use by third parties of your account.
9.3 You agree to fully indemnify and hold Brain Value, its employees, agents, contractors and sub-contractors (Representatives) harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by Brain Value and/or its Representatives arising out of or in connection with the Activity other than to the extent caused or contributed to by Brain Value, including, but not limited to:
(a) a breach of these Product T&Cs by you;
(b) your use of the Activity venue or attendance at the Activity;
(c) any damage by your act or omission to the Activity venue or any goods located at the Activity venue; or
(d) your infringement of any intellectual property rights or other right of any third party.
-shop and its contents contain copyright materials and registered and unregistered trade marks owned by CA ANZ, or in the case of some materials, owned by third parties. This content is subject to intellectual property rights under the laws of Australia and, through international treaties, other countries.
14.1 The E-shop and its contents contain copyright materials and registered and unregistered trade marks owned by CA ANZ, or in the case of some materials, owned by third parties. This content is subject to intellectual property rights under the laws of Australia and, through international treaties, other countries.