Terms and Conditions
Effective Date: 03/04/2023
Last Updated: 02/04/2024
Welcome to The Learning Brain (the "Company," "we," "us," or "our") website (the "Site"). These Terms and Conditions (the "Terms") govern your access to and use of the Site. By accessing or using the Site, you agree to be bound by these Terms.
Use of the Site
1.1. You must be at least 18 years old to use the Site.
1.2. You agree to use the Site only for lawful purposes and in accordance with these Terms.
1.3. You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
1.4. You agree not to:
Use the Site in any way that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Site;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Intellectual Property Rights
2.1. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes; and
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Disclaimer of Warranties
3.1. The Site is provided "as is" and "as available" without any representations or warranties of any kind, express or implied. The Company makes no representations or warranties regarding the accuracy, completeness, reliability, or availability of the Site or its content.
3.2. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Limitation of Liability
4.1. To the fullest extent permitted by law, in no event shall the Company, its affiliates, or their respective directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your access to or use of the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been informed of the possibility of such damages.
4.2. If you are dissatisfied with the Site or these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Indemnification
5.1. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your access to or use of the Site or your violation of these Terms.
Governing Law and Jurisdiction
6.1. These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflicts of law principles.
6.2. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of Australia or the courts of the State of [State], and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Severability
7.1. If any provision of these Terms is deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
Entire Agreement
8.1. These Terms constitute the entire agreement between you and the Company regarding your access to and use of the Site and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
Changes to the Terms
9.1. The Company reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when we post them, and your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check these Terms periodically for changes.
Contact Us
10.1. If you have any questions about these Terms, please contact us at:
The Learning Brain
3/62 Sydney Street, KILMORE VIC 3764
855 Plenty Road, SOUTH MORANG VIC 3752
hello@thelearningbrain.com.au
0421 882 427