Thank you for choosing Brainwise Academy!
These terms and conditions govern your purchase (Terms and Conditions)
By clicking “accept” you agree to these Terms and Conditions.
(a) The Website is operated by Nicolene Shields (ABN: 47 939 339 549) t/a Brainwise Academy of 14 Tiger Drive, Arundel QLD 4214 (Brainwise Academy). Access to and use of the Website, or any of its associated products or services is provided by Brainwise Academy.
(b) The Website provides you with an opportunity to browse and purchase participation in various self-guided courses that have been listed for sale through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
(c) You have agreed to purchase a Service through the Website.
(d) These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Services information page (Information Page) of the Website.
You accept the Terms and Conditions by remaining on the Website. You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions where this option is made available to you by Brainwise Academy in the user interface.
(a) When purchasing the Services, you will be required to provide personal information such as your full name, password and e-mail address.
(b) You agree that all details that you have provided in completing the purchase are true and correct.
(c) Your personal information is kept in accordance with the Brainwise Academy Privacy Policy (Privacy Policy) which can be accessed which is available on the Website.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
- The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
- Confidential information means any information that is:
- processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and
- confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).
- All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
- Brainwise Academy must not disclose any Confidential Information to any third party without your prior consent.
- These Terms and Conditions prohibits the disclosure of Confidential Information by Brainwise Academy with exception to the following circumstances:
- the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions and you have consented to the disclosure of such information to the professional adviser;
- the disclosure is required by applicable law or regulation; or
- if the confidential information is already in the public domain at no fault of Brainwise Academy.
- You agree that any works, documentation, materials, Services content, creative works or information of whatever nature produced or developed by Brainwise Academy or under Brainwise Academy’ direction pursuant to or in the course of providing the Services will remain the sole and complete property of Brainwise Academy, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
- There is no assignment of Intellectual Property Rights by Brainwise Academy to you pursuant to these Terms and Conditions.
- Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.
- If circumstances beyond Brainwise Academy’s control prevent or hinder its provision of the Services, Brainwise Academy is free from any obligation to provide the Services while those circumstances continue. Brainwise Academy may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.
- Circumstances beyond Brainwise Academy’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
- For the sake of clarity, if in Brainwise Academy’s reasonable opinion, the provision of the Services will be affected by a pandemic, Brainwise Academy may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Brainwise Academy will not be liable for any losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, the relevant cancellation or termination clause will apply.
You hereby indemnify and agree to keep indemnified Brainwise Academy against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
You agree that any testimonials that may be provided by you from time to time may be used by Brainwise Academy for marketing purposes.
This Agreement is governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Services, Brainwise Academy agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
This agreement may not be assigned without the consent of both parties.
This agreement may not be changed or modified in any way except in writing.
Any provision of this agreement, which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
This Agreement in addition to the Information Page ad Payment Page constitutes the entire agreement of the parties in respect of the matters dealt with in this agreement and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in this agreement
