Terms and Conditions

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1. BEHAVIOUR

So that Brain Camp is a fun and safe experience for everybody, we have rules in place for kids to follow. These will be explained to your child on arrival at Brain Camp. If your child misbehaves, we will discuss the issue with your child, and if the problem continues, we will contact you. Brain Camp has a zero-tolerance stance on bullying.

2. GENERAL MATTERS

1. ‍‍You      acknowledge and agree that temporary interruptions of training services      may occur from time to time. We shall exercise reasonable care to prevent      or minimise such interruptions.
2. We may      refuse any individual admission to enrol in a course, that we consider to      be a safety or security risk to other course participants or the premises      where the course is being held. Additionally, we may request any person in      breach of the course regulations to leave the premises where the course is      held. Fees paid for course participant not admitted due to these      circumstances will be forfeited, and you will not be entitled to a refund      for any portion thereof.
3. We      will not be liable for performance delays or for non-performance, due to      causes beyond our reasonable control) You and your child or minor must      comply with the general obligations specified by these Terms and      Conditions together with any specific obligations described herein, in a      timely manner. You acknowledge that our ability to deliver the Brain Camp      Courses is dependent upon your full and timely cooperation, the      cooperation of your child or minor, as well as the accuracy and      completeness of any information you provide to us.‍

3. DEFINITIONS

1. ‍‍“Brain      Camp Courses” means training courses, services and Course Materials      delivered by Rethinking the Brain Pty Limited (“Brain Camp”). Courses may      be in various formats including, but not limited to, classroom scheduled      seats (such as scheduled instructor-led training at a nominated facility);      dedicated onsite training.
2. “T&C’s”      means this document entitled “Brain Camp Courses Terms and Conditions”.
3. “Course      Materials” means courses, documentation (for example, questionnaires and      process guidelines), educational materials and other written information      (in any form including electronic) and any other materials.‍

4. GENERAL CONDITIONS OF USE – YOU AND YOUR CHILD’S OBLIGATIONS AND RESTRICTIONS

1. You      must ensure that your own behaviour and that of your child or minor is not      offensive to other Brain Camp students, as deemed by Brain Camp      management.
2. You      and your child or minor must use and/or occupy Brain Camp equipment solely      as agreed with Brain Camp management and for no other purpose.
3. You      and your child or minor may enter Brain Camp premises only during the Brain      Camp’s operating hours or as otherwise agreed by the Brain Camp      management.
4. You      must ensure that your child or minor will conduct themselves while on Brain      Camp premises in a responsible, proper and orderly manner and will not      permit or suffer to be done in or about the premises any act, matter or      thing which may injure or tend to injure the Brain Camp, the premises or      any other student.
5. Emergency      procedures are displayed in all on-site facilities.
6. Personal      Injury – Brain Camp accepts no responsibility for any injury incurred at      the Brain Camp by your child or minor nor any subsequent cost related to      that injury.
7. Brain      Camp takes no responsibility for the loss or damage to your child or      minor’s personal property, including money or other valuable items.
8. Your      child or minor must not undertake any illegal activity on site.
9. You or      your child or minor must not permit any of the equipment supplied by Brain      Camp to be removed from the facility or damaged/destroyed.
10. You or      your child or minor must not record images of persons unaffiliated to you      unless it is with their prior consent and in the case of minors the prior      consent must be from their legal guardians.
11. You      and your child or minor must leave the facility and/or the equipment in a      tidy, safe and proper condition to the reasonable satisfaction of Brain      Camp.
12. At Brain      Camp’s reasonable demand, you must pay for any damage to the facility      and/or equipment or other items supplied by Brain Camp, which at any time      may be found to be missing, damaged or damaged beyond repair or destroyed      as a result of you or your child or minor action or inaction.‍‍

‍5. ORDERS AND ACCEPTANCE

1. We      will provide a reservation notice as soon as possible after receipt of      your order and will provide a confirmation notice after receipt of a valid      method of payment.
2. The      parties hereby agree that they may do business electronically, including      contract formation, order placement and acceptance. Any orders placed by      you and accepted by us will create fully enforceable obligations that will      be subject to these T&Cs. Such orders and acceptances will be deemed      for all purposes to be: 1) business records originated and maintained in      documentary form; a “writing” or “in writing”, ”signed”; and an “original”      when printed from electronic files or records established and maintained      in the normal course of business.
3. ‍‍Acceptance      by us of your offer to acquire or attend at a Brain Camp Course will occur      upon our performance of such services.
4. If you      are required to pay a fee for all or any part of the Brain Camp Courses      for which you have chosen to register, you hereby authorise us to charge      your credit card in advance for all applicable fees incurred by you in      connection with your chosen Brain Camp Courses. You acknowledge that it is      your responsibility to notify us of any changes to your credit card or if      your credit card has expired otherwise your access to the Brain Camp      Courses may be terminated. If your payment and registration information is      not accurate, current, and complete and you do not notify us promptly when      such information changes, we may suspend or terminate your registration.      We will automatically charge your credit card for the payments described      in an order and any other material provided by us unless your registration      is terminated under this Agreement.
5. By      entering into any transaction, you warrant and represent that all      information you provide is true and correct (including, without limitation      your credit card/bank account number, card expiration date and address),      that any transactions are authorised, and that you are the legal holder of      any credit card or payment account used to enter into any transaction. By      providing a method of payment pursuant to a transaction, you confirm that      you are permitted to use that method of payment. You also authorise us to      collect and store it, along with other information related to your      transaction. You authorise us (and our designated payment processor) to      charge the full amount to the payment source you designate for the      transaction. If your payment results in an overdraft or other fee from      your bank, you alone are responsible for that fee. You are responsible for      and agree to reimburse us for all reversals, charge-backs, claims, fees,      fines, penalties and other liability incurred by us (including costs and      related expenses) that were caused by or arising out of payments that you      authorised or accepted.
6. In the      event (a) your method of payment is not valid, (b) we determine, in our      sole discretion that a transaction is unauthorised, (c) your method of      payment cannot be processed at the time of any charge, or (d) any charge      is disputed for any reason other than the undisputed failure by us to      deliver the products purchased by you, we reserve the right to immediately      terminate any pending transactions, suspend your access to the website,      thereby terminating all of our obligations to you under this Agreement, and,      in addition, to charge you an administrative processing fee equal to $20      AUD, per instance, which charge you hereby authorise by entering into any      transaction through the Website. Notwithstanding the foregoing, you agree      that any formal payment disputes lodged with any bank, credit or payment      card company shall be invalid unless you notify us within 60 days from      date of the applicable transaction that you wish to dispute any charge      relating thereto, and that you have made reasonable, good faith efforts to      resolve such dispute with us directly, and such efforts have failed.

‍6. WARRANTY

1. ‍We      warrant that all Brain Camp Courses will be provided in accordance with      generally recognised commercial practices and standards.
2. We      make no other warranty or representation as to the suitability or quality      of the Brain Camp Courses. We expressly disclaim all liability for      anything done or omitted in reliance upon the Brain Camp Courses. You      shall have sole responsibility for fulfilling any requirements or      accomplishing any objectives for which You purchased any Brain Camp      Courses.
3. THE      WARRANTY CONTAINED IN THIS SECTION IS IN LIEU OF, AND WE EXPRESSLY      DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL OTHER EXPRESS WARRANTIES OR      CONDITIONS, AND ALL OTHER WARRANTIES, CONDITIONS, AND OBLIGATIONS IMPLIED      IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A      PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY      ARISE IN CONNECTION WITH THIS AGREEMENT.IN USING THE BRAIN CAMP COURSES,      YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD US OR OUR OFFICERS,      DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS LICENSEES OR SUPPLIERS      LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL,      INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY      RESULT FROM THE USE OF, OR THE INABILITY TO USE OR ANY ASPECT OF THE BRAIN      CAMP COURSES OR OTHERWISE RELATING TO OR ARISING OUT OF THE Brain Camp      COURSES OR CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT,      NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. WE SHALL NOT BE LIABLE EVEN IF      WE , OR AN AUTHORISED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY      OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR      DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE PRODUCTS OR SERVICES, OR      THESE TERMS OF USE, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN      CONNECTION WITH YOUR USE OF THE BRAIN CAMP COURSES IN THE 12 MONTHS PRIOR      TO THE ACTION GIVING RISE TO LIABILITY.IN NO EVENT SHALL WE AND/OR OUR      SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR      CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES      FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE)      EVEN IF BRAIN CAMP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE      POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
       i) THE USE OR INABILITY TO USE THE BRAIN CAMP COURSES,
       ii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
       iii) FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED ADVICES OBTAINED      THROUGH THE BRAIN CAMP COURSES OR OTHERWISE ARISING OUT OF THE USE OF THE      SERVICE,
       iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BRAIN CAMP COURSES      COURSE MATERIALS , OR
       v) ANY OTHER MATTER RELATING TO THE SERVICE.
4. You      agree to indemnify, defend and hold harmless Brain Camp and its      affiliates, and each of their officers, directors, employees, consultants,      advisors, agents and representatives from any and all claims, liability,      damages, and costs (including, but not limited to, attorneys’ fees, costs      and expenses) that result from, arise out of or are in any way connected      with your or that of your child or minors use of the Brain Camp Courses,      your breach of these T&C’s, or your infringement of any Brain Camp IP      or other right of Brain Camp or any third party. These T&C’s will      inure to the benefit of the parties and their successors, assigns,      licensors and licensees.

‍7. CANCELLATION

1. Unless      otherwise specified or agreed in writing by us, all courses shall commence      on the date specified by us in the order confirmation. We reserve the      right to change or cancel events up to 3 business days prior to the class      start date.
2. We      will use reasonable efforts to give notice of any cancellation of any      course. If the course cannot be rescheduled, You may be entitled to a      refund of any fee paid in respect of the cancelled services but shall not      otherwise be entitled to any compensation, costs, losses or damages      arising from such cancellation.
3. Cancellations      or rescheduling of courses must be made within the specified number of      business days prior to the start date of the class or the full tuition      will be charged. Such days are specified in our cancellation policy.‍

8. PAYMENTS

1. We      reserve the right to change course prices at any time. In the event of      such change, confirmed registrations will be honoured at the original      price. Registrations confirmed by a purchase order within 10 days of a      price increase will also be honoured at the original price.
2. Prices      do not include sales, use, service, value added or like taxes or customs      duties (or GST). Such taxes and duties, when applicable, will be added to      our invoices.‍

9. INTELLECTUAL PROPERTY

1. ‍‍All      Course Materials provided for use throughout the course are the      copyrighted works of Brain Camp or the original content provider. Unless      otherwise set forth, the Course Materials are provided for the sole use of      the person attending classes and may not be used by any other person and      may not be reproduced, distributed or modified without the written      permission of Brain Camp. Brain Camp may present you with the Course      Materials and other information, content and features, including but not      limited to, charts and graphs, articles, statistics, data, product      information, video and audio files and various procedural tools. The Brain      Camp Courses and Course Materials may also include third party materials      and information made available to you by virtue of a license, grant or      some other form of Agreement. We are not responsible for inaccurate      information provided through the Brain Camp Courses, and we make no      representation as to the quality, accuracy or completeness of the Course      Materials and do not assume any liability for any loss that may result      from the reliance by any person upon any Course Material provided on or      through the Brain Camp Courses.
2. We      make no warranty, express or implied, as to the suitability, accuracy or      reliability of any Course Material provided or accessible through the Brain      Camp Courses.
3. Except      as otherwise set forth herein, all Course Materials are owned by us and      are protected by worldwide copyright laws and treaty provisions, unless      stated otherwise. You may make and use printouts of the Course Materials      for your personal, non-commercial use only, provided that the printouts      retain all copyright, trademark and other proprietary notices.
4. Except      when included in any authorised printouts of the Course Materials, you are      not authorised to make any use of any names, logos or taglines, including      without limitation “Brain Camp” whether or not designated by such symbols      in any fashion without the express prior written permission of Brain Camp.      Nothing herein grants you any right, title or interest in any trade name,      trademark, service mark, tagline or logo, technology or designs (whether      or not the subject of a patent application) (together, “Brain Camp IP”).      At no time during or after the term of this Agreement shall you, either      directly or through any third party or agent, (i) challenge or assist      others to challenge the Brain Camp IP or the registration thereof; (ii)      attempt to register any designs, trademarks, marks, trade names, or trade      dress confusingly similar to the Brain Camp IP; or (iii) incorporate any Brain      Camp IP into any third-party designs, trademarks, product names, service      marks, company names, domain names, or any other similar designations,      without the prior written consent of Brain Camp.‍

10. REMEDIES AND LIABILITIES

1. ‍‍Brain      Camp’s total aggregate liability to You for any reason and upon all claims      and causes of action hereunder will be limited to the amount of fees paid      by You for the Brain Camp Courses giving rise to the claim or cause of      action. This limitation applies to all causes of action or claims      including without limitation breach of contract, breach of warranty,      negligence, strict liability or other torts. In no event will Brain Camp      be liable for any consequential, special, indirect, incidental or punitive      damages, including without limitation loss of data, loss of profits or      loss of savings or revenue, even if it has been advised of the possibility      of such damages.
2. In no      event will any cause of action be brought against Brain Camp more than one      year after the cause of action has accrued.
3. The      remedies in these T&Cs are your sole and exclusive remedies.
4. The      parties understand and agree that, to the extent permitted by applicable      law, the foregoing exclusions and limitations of liability represent the      parties’ agreement as to the allocation of risk between them in connection      with their respective obligations hereunder. The fees payable to us      reflect and are set in reliance upon, this allocation of risk and the      exclusions and limitations of liability outlined in these terms and      conditions.
5. Disputes      arising in connection with these T&Cs will be governed by the laws of      New South Wales, Australia.
6. If any      term or provision herein is determined to be illegal or unenforceable, the      validity or enforceability of the remainder of the terms or provisions      herein will remain in full force and effect.
7. Neither      party’s failure to exercise any of its rights under these T&Cs will      constitute or be deemed a waiver or forfeiture of those rights.
8. These      T&Cs and, any applicable amendment, constitute the entire Agreement      between us and supersede any previous communications, representations or      agreements between the parties, whether oral or written, regarding      transactions hereunder. Your purchase will constitute your acceptance of      these T&Cs which T&Cs may not be changed except by an amendment      signed by an authorised representative of each party.