WEBSITE TERMS AND CONDITIONS OF USE
WEBSITE TERMS AND CONDITIONS OF USE
Effective from: 18 Apr 2021
1. About the Website
(a) Welcome to www.braincipher.com (the 'Website'). The Website provides online courses on various subjects (the 'Services').
(b) The Website is operated by Braincipher Pty Ltd (ACN 657 599 490). Access to and use of the Website, or any of its associated Products or Services, is provided by Braincipher. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and Services immediately.
(c) Braincipher reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. It is your responsibility to regularly review the Terms to stay informed of any updates or modifications. Your continued use of the Services after the posting of any changes constitutes your acceptance of the revised Terms.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Braincipher in the user interface.
3. Subscription to the Services
(a) In order to access the Services, you must purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
(b) By purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) Once you have purchased the Subscription, you will be required to register for an account through the Website to access the Services (the 'Account').
(d) As part of the registration process and continued use of the Services, you may be required to provide accurate and up-to-date personal information about yourself, including but not limited to: (i) Email address (ii) Preferred username (iii) Mailing address (iv) Telephone number (v) Password (vi) Country of Residence
(e) You warrant that any information you provide to Braincipher during the registration process will be accurate, correct, and up-to-date at all times.
(f) Upon completing the registration process, you will become a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member, you will have immediate access to the Services from the time you complete the registration process until the end of the subscription period (the 'Subscription Period').
(g) You may not use the Services and may not accept the Terms if: (i) You are not of legal age to form a binding contract with Braincipher. (ii) You are a person barred from receiving the Services under the laws of Australia or any other applicable country.
4. Member Obligations
As a Member, you agree to comply with the following obligations:
(a) Use the Services only for purposes permitted by:
(i) The Terms; and
(ii) Any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
You shall not engage in any activities that violate the Terms or infringe upon the rights of Braincipher or any third party.
(b) Maintain the confidentiality of your password and/or email address.
You are solely responsible for safeguarding your login credentials. Sharing your password with any other person is strictly prohibited and may result in the immediate cancellation of the Services. You should take appropriate measures to ensure the security and confidentiality of your account information.
(c) Prohibit any unauthorized use of your registration information.
You must promptly notify Braincipher of any unauthorized use of your password, email address, or any breach of security of which you become aware. It is your responsibility to keep your registration information accurate, up-to-date, and secure.
(d) Understand that access and use of the Website are limited, non-transferable, and solely for your personal use of the Services provided by Braincipher.
You shall not sublicense, distribute, or transfer your rights to access or use the Website or any course content to any third party without prior written consent from Braincipher. You acknowledge that the Services are provided exclusively for individual learning purposes and any commercial use or exploitation of the Services is strictly prohibited.
(e) Respect the intellectual property rights of Braincipher and other users.
You shall not copy, reproduce, modify, distribute, display, or transmit any content or materials from the Services without the prior written permission of the respective owner. Any unauthorized use or infringement of intellectual property rights may result in the termination of your access to the Services and may also subject you to legal liabilities.
(f) Comply with all applicable laws and regulations governing your use of the Services.
You shall not engage in any unlawful, fraudulent, or harmful activities while using the Website or participating in the course. You shall also refrain from engaging in any conduct that may disrupt the operation of the Website or interfere with the learning experience of other users.
(g) Behave in a respectful and professional manner when interacting with other users or Braincipher's staff.
You shall not engage in any harassing, abusive, or offensive behavior while using the Services. Braincipher reserves the right to take appropriate action, including the termination of your membership if you violate this provision.
(h) By using the Services, you agree to comply with all the policies and procedures provided by Braincipher.
It is your responsibility to review and familiarize yourself with these policies and procedures, and to ensure your compliance with them while using the Services. Failure to comply with the policies and procedures may result in the suspension or termination of your access to the Services.
By accessing and using the Services, you acknowledge and agree to adhere to these Member Obligations. Failure to comply with these obligations may result in the suspension or termination of your access to the Services, without prejudice to any other remedies available to Braincipher under the law.
5. Termination of Contract
(a) Subject to local applicable laws, Braincipher reserves the right to discontinue or cancel your membership at any time and may suspend or terminate your access to the Services without prior notice or liability. Reasons for termination may include, but are not limited to:
(i) Violation of the Terms or any other policies or guidelines provided by Braincipher;
(ii) Conduct that is harmful, disruptive, or interferes with the operation of the Website or the learning experience of other users;
(iii) Non-payment of the Subscription Fee or any other fees owed to Braincipher;
(iv) Engaging in fraudulent or illegal activities;
(v) Providing false, inaccurate, or misleading information;
(vi) Breach of intellectual property rights of Braincipher or any third party;
(vii) Any other reason deemed necessary by Braincipher to protect its interests or the interests of other users.
(b) Upon termination, your access to the Services and the Website will be revoked, and you will no longer have the right to use or access any materials or content associated with the course. Any outstanding fees or obligations owed to Braincipher at the time of termination will remain due and payable.
(c) If you want to terminate the Terms, you may do so as outlined in our 'Monthly Payment Cancellation Policy'.
6. Duration of Access
(a) Upon completing the registration process and activating your account, you will be granted immediate access to the Services for the duration of the Subscription Period, which is 12 months from the date of registration.
(b) At the end of the Subscription Period, your access to the Services will be automatically revoked, and you will no longer be able to view or participate in the course content.
(c) It is your responsibility to complete the course within the Subscription Period to fully benefit from the Services provided. Braincipher shall not be held liable for any inability to complete the course due to personal circumstances, time constraints, or other factors beyond its control.
7. Modification of Services and Terms
(a) Braincipher reserves the right to modify, suspend, or discontinue any part of the Services or the Website, including the course content, features, and availability, at any time without prior notice or liability.
(b) Braincipher may also update or revise these Terms from time to time at its sole discretion. Any changes to the Terms will be effective immediately upon posting on the Website. It is your responsibility to regularly review the Terms to stay informed of any updates or modifications. Your continued use of the Services after the posting of any changes constitutes your acceptance of the revised Terms.
8. Disclaimer of Warranties
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.1 Website Availability and Accuracy
We strive to provide accurate and up-to-date information on our Website; however, we do not warrant the accuracy, completeness, or reliability of any information or content provided. Your use of the Website is at your own risk, and we disclaim any warranties, express or implied, regarding the availability, functionality, or accuracy of the Website. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Braincipher make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Braincipher) referred to on the Website includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or
other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services-related products (including third-party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services, or any of the products of Braincipher; and
(iv) the Services or operation in respect to links that are provided for your convenience.
8.2 Course Content
We make no warranties or representations regarding the completeness, accuracy, or reliability of the content provided in the online courses available on our Website. The course materials and information are provided for educational purposes only, and you acknowledge that the results and outcomes you achieve from participating in the courses may vary. We do not guarantee any specific results or improvements in your personal development as a result of using our services.
8.3 Third-Party Content
Our Website may contain links to third-party websites or resources. We are not responsible for the availability, accuracy, or reliability of such external sites or resources. The inclusion of any links does not imply our endorsement or affiliation with the third-party website. You acknowledge and agree that we shall not be liable for any damages or losses incurred as a result of your use of any third-party websites or resources.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Braincipher and its directors, officers, employees, or agents shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Website or the services provided, even if we have been advised of the possibility of such damages.
You agree to indemnify Braincipher, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, losses, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
11. Education Services
(a) By using our services, you agree that Braincipher is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own.
Under no circumstances can you hold Braincipher liable for any actions you take nor can you hold us or any of our
employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials, or techniques used or provided by Braincipher.
(b) All our information on both the website and in consultations is intended to assist
you and does not in any way, nor is it intended to substitute professional, financial, or legal advice. Results are not guaranteed and Braincipher takes no responsibility for your actions, choices, or decisions.
12. Dispute Resolution
12.1 Informal Resolution
We encourage you to first contact us directly at [email protected] to seek a resolution of any concern or dispute arising out of or relating to these Terms of Service or your use of the website www.braincipher.com ("Website"). We will make reasonable efforts to address and resolve your concerns in a timely manner.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 28 business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which
they may mutually agree;
(b) If for any reason whatsoever, 14 business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be appointed by the President of the Braincipher or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in NSW, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
12.5 Termination of Mediation:
If 28 business days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
12.6 Binding Arbitration
If a resolution cannot be reached through informal means, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the arbitration institution mutually agreed upon by the parties or, in the absence of such agreement, the rules of the Australian Centre for International Commercial Arbitration (ACICA). The seat of arbitration shall be in Australia.
12.7 Exceptions to Arbitration
Notwithstanding the above, either party may seek equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized use or access to the Website.
12.8 Waiver of Class Action
To the fullest extent permitted by applicable law, you and Braincipher agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as a class, consolidated, or representative action. You hereby waive any right to participate in any class, consolidated, or representative proceeding against Braincipher.
12. Governing Law and Jurisdiction
The laws of Australia govern these Terms and your use of the Website and Services. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of NSW, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. You agree to submit to the exclusive jurisdiction of the courts located in Australia for the resolution of any disputes arising out of or relating to these Terms or your use of the Website and Services.
13. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
(a) If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
15. Entire Agreement
(a) These Terms constitute the entire agreement between you and Braincipher regarding your use of the Website and the Services and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.
(b) Any failure by Braincipher to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
By continuing to use the Website and accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use. If you do not agree with any part of these Terms, you must discontinue usage of the Website and Services immediately.
If you have any questions or concerns about these Terms, please contact us at [email protected]
Thank you for using Braincipher to enhance your personal development journey.
Last updated: 16 Jun 2023
මෙම ලියවිල්ලෙහි සිංහල පරිවර්තනයක් අවශ්ය නම් [email protected] වෙත දන්වා එවන්න.