Certain words and expressions used in these terms and conditions have specific meanings. References to:
- "we", "us" or “our” are references to the Owner;
- "you" or "your" are references to any person accessing, viewing or using the Website, including a Registered User (if applicable).
Other words and expressions have the meanings set out in the dictionary and interpretation section at the end of these terms and conditions.
- The Website is owned and operated by NEUROTHINKING PTY LTD ACN 110 370 637 (“Owner”).
- These Policies and User Agreement (if you are a Registered User) make up the legal agreement between you and us. You must use our Services only as permitted by our Policies and our Programs only as permitted by our user agreement. By electronically accepting these terms and conditions (for example, by clicking “I Agree”), downloading, installing, accessing Content or using our Services you agree to our Policies. If you do not agree to our Policies then you may not use our Services. We may suspend or stop providing our Services at any time if you do not comply with our Policies or if we are investigating suspected misconduct.
- You may browse the Website for personal information but you must not reproduce, copy, distribute, modify, transmit, republish or revise Content except as expressly permitted by us.
- Content does not take into account the personal objectives, circumstances or needs of individuals including you. You should consult with a professional where appropriate and obtain comprehensive advice before altering your position or refraining from doing so. Content and strategies identified by us:
- May not be suitable for your needs or circumstances;
- Are not medical advice or a substitute for medical advice.
Therefore, the use of or reliance on Content is entirely at your own risk. Subject to clause 2.6 and clause 2.7, we are not responsible for any adverse consequences arising out of your use of or reliance on Content.
Registration and Use
- You may use the Website to access our Services, participate in Programs and download Content for personal non-commercial use. You must not use, enable or permit any other person to use our Services in a manner that violates our Policies or law. If you act for or represent another person:
- You warrant that you have the authority to bind that person to our Policies;
- If the person you represent does not agree with our Policies, you must not accept these Policies, use or access the Services or register an Account as an authorised representative.
- In order to use our Programs, you will need to create an Account and become a Registered User. All Accounts and the use of Programs are subject to our User Agreement. After an Account is created Programs are made available through the Website and are licensed, not sold, to you. Your license to use each Program is subject to our User Agreement.
- Subject to factors out of our control, we will provide access to the Website at any time, unless access is restricted to perform Updates. We are not responsible and are not under any obligation or liability while we are performing Updates or if you are unable to access the Website as a result of factors out of our control including:
- The quality of or interruption to your Internet connection;
- Compatibility or the type of the device you use to access the Website; or
- Your software.
- Except for the right to use the Programs in accordance with our User Agreement and Services at our discretion and in accordance with our Policies you have no rights in or to the Website. All rights over, title to, and interest in all aspects of the Website are unaffected by your use of the Website. Use of or access to the Website does not affect our rights.
- You must not use the Website for any purpose except in accordance with our Policies or:
- Interfere with or try to access our Services using a method other than the interface and the instructions in our Policies;
- Copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the Website in any way whatsoever;
- Hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
- Use the Website for any activity that is unlawful, obscene, indecent, offensive or defamatory;
- Edit, hack, change, knowingly transmit a virus, cause damage to or alter the Website in anyway;
- Upload onto, link to or refer in the Website to any material, or use the Website in any way that infringes our Policies or the intellectual property rights of any person.
- Use of our Services may be available through a compatible mobile device or the Internet, and may require software. You are responsible for any requirements necessary to use our Services including any applicable changes, Updates and the cost and terms of your agreement with your mobile device and telecommunications provider. Our delivery of Content does not transfer any rights to you, and does not constitute a grant or waiver of any rights of any person in that Content.
- If you make a Post you must do so in accordance with our Policies and:
(i) Every Post must be your own original work, created by you;
(ii) We have the discretion whether to:
- Adopt, publish or answer your Posts or deal with them in any way or at all;
- Respond to Posts for any reason;
(iii) We will not receive Posts in confidence. A confidential relationship will not be created between you and us at any time and we will be under no obligation to maintain in secrecy any Post;
- Use Posts for any purpose (including any act that may otherwise constitute an infringement of your moral rights) including reproduction, transmission, broadcast, marketing or promotional purposes, product development, publication in any media or posting them on the Website;
- Adapt, modify or change Posts in any way without notice to you and without seeking your further permission; and
- Permit any other person to do any of these things;
(v) If we publish, refer to or use Posts in any way, unless we expressly obtain your consent to do so, to protect your privacy we will not publish your name or other details that would allow people to identify you as the author of the Post;
(vi) We have discretion in relation to all of the above matters and may choose to remove (or refuse to remove), edit (or not edit) information from or control Posts. If you include details in Posts that would allow anyone to identify you, that is your sole responsibility. We do not have and will take no responsibility for information you include in your Posts.
All Content (excluding your Posts) is owned or licensed by us and is protected by copyright law. Copyright of proprietary Content resides with us or the owners of Content licensed to us. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the provisions of the Copyright Act 1968, no part of the Website may be reproduced or re-used for any commercial purposes whatsoever without our prior written permission.
- The Website contains intellectual property including know how, trademarks, confidential information and goodwill and intellectual property rights subsisting in those things. You must not use any branding or logos, remove, modify, obscure or tamper with any copyright, trade mark or similar notices or alter any legal notices displayed in or along with our Services.
- We reserve all intellectual property rights, including copyright in Content. Content is provided for personal use only and unless permitted by law you must not except as permitted by us in writing:
- Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Content;
- Commercialise any information, products or Services obtained from any part of the Content;
- Disseminate, transmit or store the Content in any form and whether for reward or not.
- We provide access to Linked Sites as a convenience only and:
- The existence of a Linked Site does not imply any endorsement or approval by us of Linked Sites;
- We have the discretion to exclude or remove Linked Sites;
- We will not knowingly link to sites or resources that misrepresent or falsify data. While we take care before linking to a site or resource we make no representations or warranties and are not liable or responsible for the content, accuracy or completeness of any information contained in Linked Sites;
- We are not responsible for any loss or damage suffered as a result of access to, or use of Linked Sites or any reliance on information contained within Linked Sites.
Exclusion of Warranties
- We will provide our Services with a reasonable level of skill and care but there are certain things that we do not promise and will not be responsible for. Your use of the Services is entirely at your own risk and to the extent permitted by law:
- We exclude all warranties including:
- The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website;
- That any Website errors and defects in will be corrected at or by a particular time;
- Those concerning the loss, damage or corruption of any data or other material as a result of the use of the Website;
- The availability of telecommunication services from your provider and access to the Services at any time from any location;
- That the Website will remain free of errors, software viruses, technical faults, maintenance problems or defects that may disrupt delivery of the Programs or our Services;
- We will not be liable under any circumstances for any loss of profits, damages liability of any kind (even if we have been advised of the possibility of such loss of profits or damages) that are caused by or arise from:
- You acting, or failing to act, on any information contained on or referred to on the Website;
- You using or acquiring, or your inability to use or acquire, any Services;
- Errors or omissions in the Website;
- Delays to, interruptions of or temporary cessation of our Services;
- Defamatory, offensive or illegal conduct of any user of the Website;
- Any security intrusion from or through your telecommunication services.
- You are responsible for the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware that may be necessary as a consequence of you accessing the Website, downloading Content or using our Services.
Limitation of liability
- Where our liability cannot be excluded our liability will be limited as provided under the Competition and Consumer Act 2010 (Cth) and our total liability for any claims, including for any implied warranties will be limited to the amount you paid us to use the Services or, if we choose, to supplying you the Services again or having the Services supplied to you.
- We will not be liable for any loss or damage that is not reasonably foreseeable.
- The Services are provided for your benefit only. We do not accept responsibility whether in contract, tort or otherwise, including in relation to negligence, to any other person as a result of providing the Services to you.
- Consumer Rights
In some countries you might have legal rights as a consumer. If you are using the Services for a personal purpose then nothing in our Policies:
- Limits any consumer legal rights that may not be waived by contract;
- Is intended to exclude, restrict or modify rights which you may have under applicable Consumer Law which may not be excluded, restricted or modified by contract.
If any of our Policies are invalid under any applicable Consumer Law those Policies are enforceable only to the extent they are not invalid.
- Gather and process personal information that you may provide when opening an Account, accessing or using the Website;
- Disclose any information necessary to satisfy our legal obligations, protect us or our customers or to operate the Services properly;
- Offer you other services, products, or promotions. If so, additional terms, conditions and fees may apply. You grant us permission to:
- Use information about your business and experience to help us to provide the Services to you and to enhance the Services;
- Combine your business data, if any, with that of others in a way that does not identify you or any individual personally;
- Share or publish summary results relating to research data and to distribute or license such data to others.
- The transmission of data over the Internet is never entirely secure. Although we endeavour to secure the Website, you access the Website at your own risk and (subject to clause 2.6 and clause 2.7) we accept no responsibility for any interference, loss, damage, or disruption that is caused by or arises from your use of the Website except to the extent it is caused by our breach of duty.
- You acknowledge that it is your responsibility to:
- Implement sufficient procedures and virus checks to satisfy your particular requirements for the use of the Website; and
- Ensure that whatever you select for use in the Website is free of viruses, malware, or any other malicious or destructive code or anything that harms or interferes with the operation of our Website and does not damage the operations of your computer or mobile device;
- Securely manage your access to our Services and to contact us if you become aware of any unauthorized access to your Account.
- Alteration of Access
Due to security or maintenance issues we may need to alter, restrict or terminate access to the Website at any time possibly without giving prior notice. The Services may periodically be Updated. If so you agree to receive these Updates. We will exercise reasonable care not to disrupt our Services but (subject to clause 2.6 and clause 2.7) we will not be liable for any costs, losses or damages of any kind arising as a consequence of doing so.
Amending Our Policies
- Because our Services are diverse, frequently reviewed and we may also need to maintain the security of our Services or to comply with laws, sometimes additional terms or requirements may arise. If so, we reserve the right to Update our Policies, Programs and Services at any time. Updates will become part of your agreement with us if you continue to use our Programs or Services and will be effective immediately upon appearing on the Website. If you continue to use the Website or access our Services you will be deemed to accept Updates. You are responsible for ensuring that you monitor and keep up to date with our Policies and Updates.
- Updates will not apply retroactively and will become effective no sooner than after they are included or posted on the Website. If you do not agree to Updated or modified Policies, you should discontinue your use of our Services. Your continued use of our Services will constitute your acceptance of and agreement to Updates.
- Law and Jurisdiction
You are solely responsible for complying with the laws concerning the use of our Services and Programs. We are not responsible for your use of our Services. Our Policies are governed by the laws of Western Australia, and the courts of that state must determine any disputes arising from our Policies.
(a) If any part of these Policies is or becomes void or unenforceable that part is or will be severed from this so that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.
(b) Failure to exercise or delay in exercising a right does not operate as a waiver of that right. A single or partial exercise of a right does not preclude any other or further exercise of that right or the exercise of any other right.
(c) We may be required by law to send you communications about our Services, Programs or third party products. We have the discretion to send these communications to you by email or by posting them on our Website.
(d) Any translation of these Policies is done for convenience only. If there is a dispute:
(i) Between the English and any non-English version, the English version of these Policies must prevail;
(ii) These Policies and all related documents must be drafted in English.
- Dictionary & Interpretation
In these terms and conditions:
Account means an account created by a Registered User.
Consumer Laws means the Competition and Consumer Act 2010 and the laws of any legal jurisdiction that applies to you and cannot be excluded or modified by agreement.
Content means all the information, materials and Updates contained on or provided by us at any time on the Website. It includes the Programs, graphics, audio, video, text, logos and software.
Linked Site means any Internet website or resource operated, controlled or produced by third parties that is not under our control and which is linked to the Website. It includes the content of a Linked Site.
Policies means these terms and conditions and any Policies or guidelines published or Updated by us at any time. It includes our User Agreement.
Post means any material or information that you post or submit to the Website.
Programs means the paid programs offered by us on the Website.
Registered User means a person who has created an Account to use our Programs.
Service means any service provided by us including the Website.
Update means to amend, modify, add to, delete or novate by any means including tools, utilities, improvements or third party applications. It includes performing maintenance, or upgrades to our Services.
User Agreement means the agreement that governs the use of Accounts and Programs by Registered Users.
Website means any Internet based platform used by us to deliver our Services and Programs. It includes the landing page, associated links and sub-pages, Content, the code contained within it, all Internet pages, products contained or referred to on the Website and Linked Sites, networks, servers, other infrastructure or technology used to support or Update the Website.
(a) A reference to a thing or object includes the whole or any part or portion of that thing or object where the context permits.
(b) Unless contrary to the sense or context a covenant not to do or omit to do any act or thing includes a covenant:
(i) Not to suffer or permit that act or thing to be done or omitted to be done by another person; and
(ii) To do everything necessary to ensure that that act or thing is not done or omitted to be done.
(c) The singular means and includes the plural and vice versa. A reference to any gender means and includes all other genders.
(d) Words importing persons include corporations and other entities recognised by law.
(e) A rule of construction must not apply to the disadvantage of a party because the party was responsible for the preparation of these terms and conditions.
(f) The meaning of general words must not be limited by specific examples introduced by 'including’, ‘for example' or similar expressions. When used in the definition of a term or expression in this Deed, ‘include’ means that a meaning will be included if the context permits.
(g) Another grammatical form of a defined word or expression has a corresponding meaning.
(h) Every discretion is absolute and unfettered unless stated to the contrary.
(i) The expression ‘at any time’ means at any time and from time to time.