Terms and Conditions

1. About the Website

• Welcome to www.brainwise.au (Website). The Website provides you with an opportunity to browse and purchase various self-guided online courses (Course) that have been listed for sale through the Website (Services). The Website additionally offers you the opportunity to browse Brainwise Academy services. The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
• The Website is operated by Nicolene Shields (abn: 47 939 339 549) t/a Brainwise Academy (Brainwise Academy). Access to and use of the Website, or any of its associated Services, is provided by Brainwise Academy. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies 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, or any of Services, immediately.
• Brainwise Academy reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Brainwise Academy updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Purchase of Services

• In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (Purchase Price).
• Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
• In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
• Following payment of the Purchase Price being confirmed by Brainwise Academy, you will be issued with a receipt to confirm that the payment has been received and Brainwise Academy may record your purchase details for future use.
• You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking Purchase Price and charges, associated with the Purchase Price.
• Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
• You agree that if you default on any payments due and payable under the Terms, any costs incurred by Brainwise Academy for steps taken to enforce payment terms will be recoverable and payable by you.

4. Delivery of Course and Licence Information

• Each Course purchase grants to you access to the Course through Learnworlds or other platforms used from time to time (Member Portal).
• When you purchase a Course through the Website, Brainwise Academy grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
• The Licence is valid for the lifetime of the Course (Licence Term). This means the Course will be viewable by You for as long as the Course exists.  You acknowledge and agree that Brainwise Academy may cease to offer the Course at any time, and if this occurs You will no longer have access to the Course.  You will not have any right to seek recourse or a refund from Brainwise Academy.
• The Course is intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.

5. Course Refunds

• You must notify Brainwise Academy of an intention to cancel your involvement in the Course as soon as practicable through e-mail to admin@brainwise.au and abide by the following (Cancellation Policy).
• The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Purchase Price are non-refundable.

6. Warranty

• Brainwise Academy will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Brainwise Academy makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
• The Services comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Brainwise Academy, and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

7. Disclaimer

• You are solely responsible for creating and implementing Your own professional, medical, psychological, physical, emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services. As such, You agree that Brainwise Academy is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by Brainwise Academy.
• You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for professional, medical, phycological or physical advice. Brainwise Academy recommends You seek independent professional advice before relying on any information, tools, case examples, or guidance provided through the Services. Brainwise Academy will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

8. Information Disclaimer

• Any information, advice, content or documentation provided on the Website, through the Services including the accompanying Course materials, Member Portal, social media accounts, or on any other related platform do not constitute professional, medical, phycological, physical or other advice, and are provided for general information and guidance purposes only.
• All care is taken in the preparation of the information and published materials on the Website through the Services including the accompanying Course materials, Member Portal, social media accounts or on any other related platform. Brainwise Academy does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
• To the extent permissible by law, Brainwise Academy will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services including the accompanying Course materials, Member Portal, social media accounts or on any other related platform.

9. Copyright and Intellectual Property

• The Website, the Services and all of the related products of Brainwise Academy are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Brainwise Academy or its contributors.
• All trademarks, service marks and trade names are owned, registered and/or licensed by Brainwise Academy, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in your device's cache memory; and
  3. print pages from the Website for your own personal and non-commercial use.
• Brainwise Academy does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Brainwise Academy.
• Brainwise Academy retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
• You may not, without the prior written permission of Brainwise Academy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

10. Privacy

Brainwise Academy takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to  Brainwise Academy's Privacy Policy, which is available on the Website.

11. General Disclaimer

• 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.
• Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. Brainwise Academy will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the Website and the Services is at your own risk. 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 Brainwise Academy make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Brainwise Academy) 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:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. 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);
  3. costs incurred as a result of you using the Website, the Services or any of the products of Brainwise Academy; and
  4. the Services or operation in respect to links which are provided for your convenience.

12. Third Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Brainwise Academy does not control any Third-Party Services. Brainwise Academy additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Brainwise Academy will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

13. Limitation of liability

• Brainwise Academy's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that Brainwise Academy, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly).

14. User Generated Content

• If you choose to contribute any content to the Website or any other platform operated by Brainwise Academy, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
• By contributing content to the Website, you grant Brainwise Academy a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Brainwise Academy.
• Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Brainwise Academy can use that information with your Your Content for advertising and promotional purposes, or any other business purpose.
• You confirm you own or have the right to use any copyright material included in Your Content (including replies to Brainwise Academy social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Brainwise Academy. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
• Please ensure you keep your own copies of Your Content as Brainwise Academy may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
• Brainwise Academy will endeavour to provide you with an appropriate credit when using Your Content on Brainwise Academy platforms, though you understand and agree this may not always be possible.
• Brainwise Academy reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

15. Mailing List Registration

• You will be given the option to register for the Brainwise Academy Mailing List (Mailing List).
• As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. Email address
  2. Name
• If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Brainwise Academy.

16. Indemnity

• You agree to indemnify Brainwise Academy, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal Purchase Price on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.

17. Venue and Jurisdiction

The Services offered by Brainwise Academy is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.

18. Governing Law

The Terms are governed by the laws of Queensland, Australia. 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 will be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia.

19. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

20. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.