TERMS OF USE

Brain Value Pty Ltd (Brain Value) operates the https://www.brainvalue.com.au website. The terms and conditions tell you the rules for using our website. 

1 Terms of use

1.1 Access to our website (Website) is conditional upon acceptance of these terms of use (Terms of Use). These Terms of Use govern your access and use of the Website, including any software, data, information, content or materials located on, forming part of, or available in connection with, the Website, and any services provided through or in connection with the Website. A reference to the Website in these Terms of Use includes a reference to such applications and associated materials and services.

1.2 Use of the Website indicates your acceptance of these Terms of Use. Please read them carefully before using the Website. If you do not agree with these Terms of use, you must immediately exit and not use or access the Website.

1.3 By using the Website you confirm that you are at least 18 years of age. If you are under the age of 18, you confirm that you have the permission of your parent or guardian to use the Website.

1.4 These Terms of Use are deemed to incorporate our privacy policy (the Privacy Policy) which is available at  https://brainvalue.com.au/privacy. You should read the Privacy Policy together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.

1.5 Some of the products or services we offer online have separate terms and conditions which govern their acquisition and use (Product T&Cs). These Product T&Cs apply to you if you acquire or purchase such products and services. To the extent of any conflict or inconsistency between these Terms of Use and any applicable Product T&Cs, the applicable Product T&Cs will prevail to the extent of any conflict or inconstancy.

1.6 We may from time to time amend, update, or change the Website, including these Terms of Use. These changes may include to remove or change different functions offered by the Websites. Every time you wish to use our Website, please check and ensure that you understand the Terms of Use that apply at the time. By continuing to access or use the Website after any changes, you will be deemed to have accepted the amended Website and/or Terms of Use.

1.7 While we will take reasonable steps to ensure the availability and security of the Website, you accept that the Website provided by us are provided on an “as is” basis. We do not warrant that the Website will be continuously available and will not be liable if the Website is unavailable at any time or for any reason. We do not represent that the Website will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety.

2 Rules about how you use our website

2.1 You must only use our Website in a reasonable manner, consistent with these Terms of Use, the Privacy Policy and any relevant Product T&Cs, as well as ordinary community standards of behaviour and decency. Under no circumstances may the Website be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person.

2.2 You must not use the Website for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include, but are not limited to: impersonating or otherwise misrepresenting your identity or affiliation with any other person or entity; posting, disclosing or transmitting any material that is defamatory, illegal, threatening, harassing, offensive, obscene, misleading or deceptive, or which infringes Brain Value’s or any third party’s intellectual property or breaches any duty of confidence or contractual obligation owed to Brain Value or any third party, or otherwise using the Website for any inappropriate or harmful purpose; sending junk, obscene, indecent, offensive or threatening electronic mail or “spam” to any person or company; falsifying or deleting any attributions, legends, or other proprietary designations of origin or source of any content of the Websites; conducting, displaying, or forwarding surveys, contests, pyramid schemes, or chain letters; interfering with, harming, limiting the functionality of, or disrupting the Website, or the servers, equipment, systems or networks connected to the Website or any user of the Website, or disobeying any requirements, procedures, policies, or regulations of the websites or networks connected to the Website; attempting to gain unauthorised access to the Website or computer systems or networks connected to the Website through any means; modifying, adapting or amending the Website, or permitting any third party to modify, adapt or amend the Website; disassembling, decompiling, or reverse engineering (or permitting any other person to do so) all or any parts of the source code which comprises the Website (or attempting to do so); sending or uploading any material that contains viruses, worms, trojan horses, time bombs, cancelbots or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; committing forgery (or attempted forgery), harassing any individual, or harming minors in any way; soliciting money, passwords or personal information from any person; harming, abusing, harassing, stalking, threatening or otherwise offending others; vilifying, insulting or humiliating any person on the basis of race, religion, ethnicity, gender, age, sexual orientation, any physical or mental disability or in any other discriminatory way; using the Website to assist in the conduct of the business of any third party, including by promoting or advertising goods or services, websites, schemes or other matters (unless expressly permitted); collecting, storing, posting, disclosing or transmitting personal information or data about others; breaching the Privacy Act 1988 (Cth) or the Australian Privacy Principles, each as applicable and as amended from time to time, or contravening or breaching any other applicable state, Commonwealth or international law, convention or regulation. 

2.3 You acknowledge and agree that: we may immediately suspend or terminate your access to the Website if you breach these Terms of Use, or we suspect on reasonable grounds that you have breached these Terms of Use or used the Website for any unacceptable purpose; and such immediate suspension or termination is reasonably necessary to protect the legitimate interests of our business.

2.4 The information on our Website is provided to you for general guidance only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances. Brain Value does not warrant anything about the reliability, accuracy, currency, completeness, timeliness, quality, physical state or suitability for any particular purpose of any material on or accessible through our Website and makes no commitment to update any material on our Website. You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through our Website. 

3 Different type of website users and registration

3.1 Subject to these Terms of Use, any person may access the Website via the internet without registering with or disclosing any personal information to Brain Value (Unregistered User).

3.2 Registration on the Website may be offered by Brain Value to subscribers to various Brain Value services (Registered Users). If you wish to become a Registered User, you must provide Brain Value with certain true and correct information about yourself (User Information), as requested by Brain Value on the relevant registration pages on the Website. User Information requested by us may include, but is not necessarily limited to: your first name, your last name, your date of birth, your valid personal email address, and any other information that may be required. Brain Value’s Privacy Policy applies to any personal information collected by Brain Value from Registered Users of the Website.

3.3 Brain Value reserves the right to refuse to register a user of the Website, or revoke a Registered User’s registration, where it is reasonably necessary to protect the legitimate interests of Brain Value. We may be unable to register you if you fail to provide the requested information or if you provide the incorrect information. We generally try and provide you with an explanation if we have refused or revoked your registration. You must promptly notify and/or update your User Information if any of your User Information is erroneous or changes from time to time. 

3.4 You acknowledge that the internet is an inherently insecure communication medium, and you use the Website at your own risk. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Website.

3.5 Registered Users must keep all usernames, passwords and other security-based information secure and private at all times. We are entitled to assume that you are the user of the Website if your username, password or other security-based information is used to access the Website. You agree to notify Brain Value immediately of any unauthorised use of your usernames, passwords and other security-based information or any other breach of security. 

4 We are not responsible for third party website links

4.1 We may provide links to third parties’ websites on the Website (Linked Sites). Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way.  The provision of links to the Linked Sites does not mean that Brain Value or its directors, officers, employees, or agents endorse or recommend, or have any association with, the Linked Sites or the relevant third party goods and services. 

4.2 You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site.

4.3 Linked Sites may be subject to their own terms and conditions of use and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.

5 Our intellectual property rights

5.1 The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Websites (the Content) is protected by copyright, trade mark and other intellectual property laws, and is owned by and vests in Brain Value and its licensors.

5.2 You acknowledge and agree that these Terms of Use do not transfer any right, title or interest in the Content to you. You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content, except as expressly permitted by the Copyright Act 1968 (Cth).

5.3 All trademarks displayed on this Website are either owned or used under licence by Brain Value. The Brain Value logos and name may not be used as part of your business or in connection with any goods or services without the prior written consent of Brain Value.

6 Your statutory rights

6.1 Nothing in these Terms of Use is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth) or any applicable legislation which may not be excluded, restricted or modified by agreement (Statutory Rights).

6.2 If any consumer guarantees under the Competition and Consumer Act 2010 (Cth) (Consumer Guarantee) apply to any services provided by Brain Value under these Terms of Use, then Brain Value’s liability for a breach of such Consumer Guarantee, including any economic or consequential loss which you may sustain shall be limited, at the option of Brain Value, to the supply of the services again, or the payment of having the services resupplied. 

7 Limitation of liability and indemnity by you

7.1 Without limiting any other provisions of these Terms of Use and subject always to your Statutory Rights, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Website including without limitation any viruses or other malicious software that may affect you while using the Website or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications made using the Website.

7.2 Neither Brain Value nor any of its directors, employees, or affiliates shall be liable under or in relation to these Terms of Use, or their subject matter, for any loss or damage, howsoever caused, including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on or accessible through the Website, even if Brain Value has been advised of the likelihood of such damages.

7.3 You are responsible and accountable for your use of our Website and, subject to applicable law, you agree to indemnify, defend, and hold harmless Brain Value, and its directors, employees, and agents against any and all losses, claims, liability, damages, and costs (including, but not limited to, reasonable lawyers’ fees) arising from your use of the Website or your failure to comply with these Terms of Use, or from your violation of any applicable laws or rights or any third party.

8 General matters

8.1 Brain Value shall not be liable by reason of any failure by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Brain Value, including without limitation any form of technological failure or the actions of third parties.

8.2 These Terms of Use (including the Privacy Policy and any applicable Product T&Cs), together with any additional rules of engagement or other terms set out on the Website from time to time, constitute the entire agreement between you and Brain Value with respect to the Website, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Website.

8.3 If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

8.4 No failure to exercise nor any delay in exercising by Brain Value of any right, power, privilege or remedy under these Terms of Use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power, privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

8.5 You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights or obligations under these Terms of Use. Brain Value may assign, transfer, sub-contract or otherwise dispose of any or all of its rights or obligations under these Terms of Use.

8.6 These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales, Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia for any cause of action relating to or arising under these Terms of Use.

9 How to contact us

If you have any questions, do not hesitate to contact us.

All correspondence with Brain Value, including any queries you may have regarding the Website or these Terms of Use, should be sent to:

Brain Value Pty Ltd, PO Box 54, Lane Cove, NSW 1595, Australia.

PRODUCT TERMS AND CONDITIONS

1 General

1.1 On our Website, you can browse, select and purchase:

(a) learning and development materials;
(b) tickets to attend seminars, conferences, courses or events (which may include live or recorded webcasts) (Activities); and
(c) other products displayed from time to time,
(collectively, the Products).

1.2 These Product T&Cs govern your purchase of Activities and Products and are deemed to incorporate the Terms of Use and the Privacy Policy. Accessing the Website is conditional upon your acceptance of the Product T&Cs. If you do not accept these Product T&Cs, you must refrain from using the Website or making a purchase, however, your browsing of the Website will still be governed by the Terms of Use and the Privacy Policy. In the event of any inconsistency between the  Product T&Cs and the Terms of Use, these Product T&Cs  shall prevail to the extent of the inconsistency.

1.3 If you are under the age of 18:

(a) you must have all necessary parental consent; and
(b) you acknowledge that, despite being a minor, you fully understand and agree to be bound by these Product T&Cs in your use of the Activities and the Products.

2 Registration and Conduct

2.1 In order to access some of the functionality of the Website, you will need to register and provide personal information. You must be capable of forming a legally binding contract; and accept these Product T&Cs.

2.2 You acknowledge and agree that any information you provide in connection with Activities and Products will be held, used and disclosed by Brain Value in accordance with the Privacy Policy; and you must notify Brain Value of any unauthorised use of your account or any suspected or actual breach of security in connection with your account.

2.3 You must act in a manner which is safe, respectful, responsible and lawful at all times. This means that all of your interactions must be respectful and inclusive. Brain Value does not tolerate any form of trolling, online abuse, rude or discriminatory conduct or behaviour.

2.4 Brain Value reserves the right to remove content which does not comply with these Product T&Cs and to remove you from specific groups, webinars, events or remove access to Products that you purchase if you breach these Product T&Cs and/or Terms of use.

3 Orders

3.1 You may order Products by selecting and submitting your order through the Website.

3.2 Any order placed through the Website for a Product is an offer by you to purchase the particular Product for the Price (defined below) notified (including, all applicable delivery and other charges and taxes) at the time you place the order. While Brain Value may take certain preliminary procedural steps, including processing your order, issuing an order number and/or charging your payment method, Brain Value does not actually accept your offer until Brain Value has confirmed availability and delivered your Product. If Brain Value needs to cancel your order, Brain Value will do so in accordance with clause 3.7.

3.3 Each order placed for Products through the Website that Brain Value accepts will result in a separate binding agreement between you and Brain Value for the supply of those Products.

3.4 You acknowledge that: Brain Value will have no liability to you for any delays or losses resulting from you providing Brain Value with inaccurate, incomplete or out of date information. Brain Value may charge your payment method for any costs incurred by Brain Value in rectifying your order; once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in these Product T&Cs, or otherwise agreed to by Brain Value in writing; the transmission of your order or the confirmation of any payment, made through an electronic instruction may not be received by Brain Value for reasons beyond either party’s reasonable control; Brain Value may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you; and Brain Value may treat an electronic instruction as authentic and Brain Value is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy or completeness of such electronic instructions.

3.5 Where you order a Product for a person other than you, you acknowledge and agree that:

(a) you have the necessary consent and authority from the other person to order the Product (including privacy consents);
(b) Brain Value may, in its sole discretion, reject an order for the other person; and
(c) the other person must present appropriate identification when attending the Activity or redeeming the Product.

3.6 Brain Value reserves the right to accept, reject or cancel an order for any reason or no reason, including, without limitation, unavailability of Products, an error in the Price, image or Product description, or an error in your order.

3.7 If Brain Value rejects or cancels an order placed through the Website, Brain Value will endeavour to notify you of that rejection or cancellation at the time you place the order or within a reasonable time after you submit your order. If your credit card is charged for the purchase and Brain Value subsequently rejects and / or cancels the order, Brain Value will notify you and credit your credit card account for the amount charged or contact you to arrange a suitable refund method should that credit card no longer be valid.

3.8 From time to time, you may be redirected to a third party website to complete your purchase, and you may be asked to accept third party terms and conditions as a condition to ordering the Product. In such instances, your acceptance of those third party terms and conditions is between you and the relevant third party.

4 Products and Activities

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 Prices

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.

8 Liability

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 Indemnity

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.

10 Intellectual Property

10.1 The Website and its contents contain copyright materials and registered and unregistered trade marks owned by Brain Value, 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.

10.2 You must not copy, or print out a copy of parts of the Website for a commercial or business purpose. Where you wish to copy or print out a copy of parts of this website, then you must:

(a) not modify the copy from how it appears on the Website; and
(b) include an appropriate copyright notice on the copy.

10.3 You must not use any registered or unregistered trade marks except as expressly permitted by law or with the prior written consent of Brain Value.

10.4 You must not reproduce, transmit (including broadcast and publishing online), adapt or otherwise exercise in the whole or any part the copyright or trade marks contained on the Website for any other purpose, except as expressly permitted by law or with the prior written consent of Brain Value.

10.5 You acknowledge and agree that in the course of attending an Activity, or otherwise in connection with your use of Product, Brain Value and/or a Third Party Provider may provide you with access to certain industrial and intellectual property rights anywhere in the world, including patents, trade marks, design rights, trade or business names, copyright (including rights in computer software and databases), inventions, know-how, secret formulae and processes, customer lists, domain names, goodwill and moral rights, whether registered or unregistered and including all common law and statutory rights attaching thereto (Intellectual Property Rights) owned by, or licensed to, Brain Value or a Third Party Provider, including any updates, upgrades, enhancements, modifications, revisions or additions made to such Intellectual Property Rights (Brain Value IP).​

10.6 Nothing in these Product T&Cs or any other terms in connection with an Activity operates to transfer any Brain value IP to you.

10.7 Subject to these Prodcut T&Cs, Brain Value hereby grants to you, and you accept, a limited, personal, non-exclusive, non-transferable and revocable licence to use the Brain Value IP for your own personal use and only as authorised in these.  You must not use the Brain Value IP for any commercial purpose or in any way not expressly permitted by these Prodcut T&Cs.  Your access to the Brain Value IP is licensed, not sold and is subject to any additional conditions, limitations or restrictions Brain Value or a Third Party Provider may disclose to you from time to time.  You must not, and not allow any person to, edit, copy, reverse engineer, decompile, create a derivative work of, de-code, interfere with, or in any way disassemble, copy, modify, reproduce, adapt, tamper with or re-sell Brain Value IP.

11 Third party sites

11.1 The Website may contain hyperlinks to and content from third party sites, which are provided solely for your convenience and do not indicate Brain Value’s endorsement of the site(s) or the products or services provided by those third parties.

11.2 You acknowledge and agree that:

(a) these Prodcut T&Cs do not cover the sale of any products or services by third parties to you where such products are not purchased through the Website;
(b) Brain Value is not responsible for the condition or the content of third-party sites as they are not under its control;
(c) your access to third party-sites and use their products and services is solely at your own risk; and
(d) in accessing third party-sites and using the products and services therein, you must adhere to any and all terms and conditions of use as specified by those sites.

12 General

12.1 If any provision of these Prodcut T&Cs is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Prodcut T&Cs in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Prodcut T&Cs in any other jurisdiction shall not be affected.

12.2 No failure to exercise nor any delay in exercising by Brain Value of any right, power, privilege or remedy under these Product T&Cs shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power, privilege or remedy under these Product T&Cs shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

12.3 These Prodcut T&Cs are governed by, and construed in accordance with, the laws of New South Wales, Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia for any cause of action relating to or arising under these Prodcut T&Cs.

12.4 This website may be accessed throughout Australia. Brain Value makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

12.5 Any information, ideas, concepts, know-how or techniques provided by/obtained from you, or your use of the Website, shall be deemed to be non-confidential and Brain Value shall be free to reproduce, use, disclose and distribute the information to others without limitation.

12.6 Brain Value may, from time to time, amend or update these Product T&Cs without notice to you.

 

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