In these terms and conditions, “we” “us” and “our” refers to Brainmates Pty Limited (ABN 67 110 344 271) and the service we provide at http://brainmates.com.au (“website”), the Service. Your contribution, access to and use of all information (“Content”) on this website are subject to these terms and conditions.
We reserve the right to amend the terms and conditions at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that you read these terms and conditions periodically.
Use of the Content
1. In order to access the Content provided on this website, you acknowledge that you have read and understand these terms and conditions, and agree to comply with these terms and conditions.
2. By accessing this website, you understand and acknowledge that we are not acting as your business coach or consultant of any kind solely by use of this Website.
3. You acknowledge that you are responsible for your actions and hereby release us and our staff and employees or agents from any duty of care and liability for any of your actions or comments relied on or influenced by the Content of this website.
4. You agree not to use this website or post content that is reasonably likely to: injure, defame, harass any third party to the website; or not be keeping with the standards of content for a website of this type including, but not limited to, pornographic, violent, racially inflammatory or sexual discriminatory in nature.
5. Access to our website does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
6. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
7. You may link our website. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s content including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
8. The copyright to all content on this website and from any of our events including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
9. You may link, share, or tag our website’s content without any alternation to the content and with proper acknowledgement or reference to us. Links must be presented in a way which fairly represents our role and our website(s). They must not embarrass us.
10. The context of the link must not suggest that we have created any of your content, i.e. the source material must be clear, and acknowledgement of the Website clearly provided.
11. You must comply our request to take down or remove any link, share or tag to us when we request.
12. You must not modify, copy, reproduce, frame, upload to a third party, transmit or distribute any material, including but not limited to the handouts, audio, video and slideshows, on this website, or taken from any of our events except authorised by us in writing.
13. You must not record any video or audio during the course of any of our events.
14. We may take photographs or video footage of an event. These images and records remain our property and will not be sold to any third party.
15. In the event that you do not want your photos/videos to be used by us or a third party, you acknowledge that it is your responsibility to inform our personnel at the time photos/videos are being taken.
16. You will release and forever discharge us from all claims that you may have or may have had arising from, or in connection with, any intellectual property rights of the materials, photographs, or video of any of our events.
17. We grant a revocable limited personal non-exclusive non-transferable non-commercial license to access and use this website and the Content on the website or from any of our event for personal viewing only. You must not copy, distribute, modify, transfer or in any way use all or part of the Content for commercial reasons or in any way infringe third party rights that may bring us or any of our affiliates into disrepute.
18. All trademarks brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Our Website Services
19. Our services include the provision of information for event registration. However, we do not handle the event registration or purchase of event tickets. The process of event registration or purchase of event tickets is carried out through a third party service provider. You agree that you will hold us free of all liability and responsibility for any actions or results or adverse situations due to any process handled by a third party service provider.
20. We strive to ensure that the information on events for registration is described as accurately as possible on our website. However, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
21. We endeavour to ensure the event information listed on our website is current however we give no undertaking as to the availability of any event advertised on our website.
22. All prices are in Australian Dollars (AUD) and include GST.
23. Our courses require minimum attendee numbers to be effective. If the minimum attendee registration numbers are not met 10 days before the course start date, we reserve the right to make changes to the course date. If a course is cancelled or postponed, you will be notified in via email and your registration will be transferred to the next available course date. If a suitable date cannot be found for the course, your fee will either be refunded in full or held in credit towards your next course choice depending on your preference.
24. Registered attendees will receive a confirmation email no later than 10 days prior to the event to confirm course numbers have been met and that the course will be run on the scheduled date. If the minimum course numbers have not been met, then the notification will indicate that the current course has been cancelled and registrations will be moved to the next available date or a refund will be offered.
25. By supplying your contact information, you authorise us to contact you with further information from time to time.
26. Cancel: If you need to cancel, please email us more than 7 days before the course start date. Plans change. No refunds will be given after this time frame.
27. Substitutes: If you can no longer able attend in person, you can send a substitute. Substitutes are always welcome, but you should notify us in writing if you are unable to attend and wish to send someone else in your place.
28. No shows: You or your organisation are still responsible for full payment of your registration if you cannot attend in person or find a substitute to attend the event.
29. You acknowledge that we are not liable to you for any fees, travel, accommodation, or other costs and expenses you may have incurred should we need to cancel or modify the event.
30. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
31. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
32. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
33. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Service again or payment of the costs of having those services supplied again.
34. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
35. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
36. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia, and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia, and you agree to submit to the jurisdiction of those Courts.
37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
38. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.