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    Terms of Service

    Executive Brains- Terms of Service

    Last updated: August 2018

     

    1. Executive Brains

    Sheryl Batchelor trading as Executive Brains (ABN 99 036 553 744) (hereafter referred to as “Executive Brains”) is the owner, operator and licensor of the website at www.executivebrains.com.au (“Website”) and the Executive Brains consultancy services offered through the Executive Brains Programs (“Executive Brains Programs” as defined in section 2 below), including those available on and through the Website (“Executive Brains Service”). Your rights to use the Website and engage the Executive Brains Service (collectively referred to as the “Service”) are set out in these Terms of Service (“Terms of Service”) and our Privacy Policy at  (“Privacy Policy”). Our Terms of Service and our Privacy Policy are collectively referred to as the Agreement (“Agreement”).

     

    In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.

     

    IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. 

     

    If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.

     

    The Executive Brains Service offers consultancy services provided in a one on one or group/workshop setting and includes educational sessions where participants learn about their brains, practice mindfulness and engage in a brain health screener and brain training programs recommended by Executive Brains using a combination of computer and non computer based evidence based programs.

     

    1. Executive Brains Programs

    A summary of the Executive Brains Programs is outlined  below:

    1. Brain Training for children

    8 – 16 years old

    One on one - Coaching

    Week 1 - Consultation plus assessment

    Week 2-4 - 3 Coaching calls

    Week 4 - Consultation

    Online brain training and non computer based exercises.  

    2. Corporate Training​

    Full day

    * Please contact the office for further details.

    Workshop assisting corporate staff to improve their brain health such as memory, brain speed, attention and stress reduction (mindfulness)​

    • Brain health screener

    • Personally tailored brain training program

    • Mindfulness training

    • Two month self-directed brain training program

     

    3. Pilates for the Brain​

    4 hours

    * Please contact the office for further details.

    Workshop assisting the public to understand their brain and improve brain health.​

    • Brain health screener

    • Brain training

    • Informative presentation on bio-feedback products and neurofeedback services.

    • One month self-directed brain training program

     

    4. Brain Health Screener​

    Individual – online service

    • An online brain health screener

    • 15 min brain health consultation

     

    5. Individual consultatio

    8 week program

    One on one consultancy assisting the client to improve their brain health.

    • Initial face-to-face consultation (1 – 1.5 hours)

    • Week 1 – participant complete a brain health screener with a follow up call from Executive Brains to discuss the results and get them started on a brain training program.

    • Weeks 2-7 – weekly phone conversations with Executive Brains to motivate the participant.

    • Week 8 – participant completes a post brain health screener. An Executive Brains Consultant discusses the results and recommends a way forward, which could involve further coaching or self-directed brain training.

     

    6.Neurofeedback training​

    Individual service

    Minimum of 2 months​

    • Initial face-to-face consultation (1 – 1.5 hours)

    • Regular phone or email conversations with Executive Brains to support the participant.

    Participants are required to hire or purchase the required equipment through Executive Brains.

     

    1. Payment

    Payment must be made in full prior to the commencement of an Executive Brains program. Payment can be made via our website online payment system or in person by credit card.

    1. Cancellation Policy

     

    Executive Brains Programs are dependent on participant numbers and the availability of a consultant. Executive Brains reserves the right to cancel an Executive Brains program at any time and will refund the full amount of any monies paid by you.

    If you are unable to make a scheduled appointment with Executive Brains we request the common curtesy of a phone call or message. We charge a cancellation fee equal to the cost of the scheduled appointment for failure to cancel an appointment with at least 24 hours notice.

    1. Ability to Accept Terms of Service

    You must be at least 18 years of age or have authorisation to use the Service offered by Executive Brains. If you have authorised a Child to use the Service, you are responsible for their conduct, and the consequences of any misuse.

    1. Executive Brains Service

    The Agreement applies to all clients engaging the Service (“you”). Information provided by you through the Service may contain links to third party websites that are not owned or controlled by Executive Brains. Executive Brains has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Executive Brains will not and cannot censor or edit the content of any third party website. By using and engaging the Service, you expressly acknowledge and agree that Executive Brains shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.

     

    1. Executive Brains Access

    Subject to your compliance with these Terms of Service, Executive Brains hereby grants you permission to use and engage the Service, provided that your use and engagement of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service.

     

    1. Privacy Policy

    You should ensure that you read our Privacy Policy.

     

    We will process all Personal Data supplied by you according to our Privacy Policy.

    Our Privacy Policy forms part of this Agreement. Accordingly, you must comply with your obligations in the Privacy Policy.

    1. Confidentiality

    Executive Brains will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

    1. as necessary to provide the Executive Brains Service through the Executive Brains Programs;

    2. to Executive Brains personnel and any service provider that Executive Brains works with where necessary to provide the Service;

    3. if the relevant person has given Executive Brains permission to do so;

    4. in accordance with our Privacy Policy; or

    5. if required or permitted by law.

    As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use and engagement of the Service at your own risk, and you should only proceed to use and engage the Service if you accept this condition.

    1. Indemnity

    You agree to defend, indemnify and keep indemnified, Executive Brains and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:

    1. breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy);

    2. violation of any Intellectual Property or other rights of a third party, or privacy right; or

    3. your use or engagement of the Service, and/ or Personal Data posted by you through or at the Service.

    This Indemnity clause will survive this Agreement and your use and engagement of the Service.

    1. Jurisdiction

    This Agreement shall be governed by and construed in accordance with the laws of Queensland, and the parties submit to the exclusive jurisdiction of the Queensland courts for any matter arising under or relating to this Agreement.

     

    1. Validity

    Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

    If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

    1. Amendments to this Agreement

    This Agreement may be amended or replaced from time to time, with or without prior notice to you, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Executive Brains will endeavour to post an announcement on the Website. Your use and engagement of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must not use and engage the Service.

     

    1. Transmission and Posting of Content

    Your solely responsible for your conduct and any:

    1. data, text, files, information, images, graphics, photos, links and other content or materials ("Content"); and

    2. information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”)

    that you submit or post via the Website or Service.

     

    1. Disruption of and Modifications to the Website

    Executive Brains will take all reasonable steps to ensure that the Website functions as intended. However, you acknowledge that your access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.

    To the extent permissible at law, Executive Brains shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. Executive Brains will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.

    1. Intellectual Property Rights

    All of the information contained on this Website and provided through the Service, including through the Executive Brains Service and Executive Brains Programs, is the intellectual property of Executive Brains. All trade marks, logos or any other of its intellectual property rights are the exclusive property of Executive Brains. You may not download, copy or print any of the pages of the Website or any information, material or documentation relating to the Executive Brains Service and Executive Brains Programs except for your own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, "scraping" or other manipulation of the content of the Website or any information, material or documentation relating to the Executive Brains Service and Executive Brains Programs is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website or any information, material or documentation relating to the Executive Brains Service and Executive Brains Programs; nor will you post to the Website any material which infringes any intellectual property rights of any third party.

    By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

    1. Website Accuracy

    The information contained on this Website is given in good faith and Executive Brains uses all reasonable efforts to ensure that it is accurate. However, Executive Brains gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

    1. Use of Subcontractors

    You agree that Executive Brains may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, billing and related technology required to provide the Service and manage Personal Data.

    1. Referral Commission

    You acknowledge that you are aware and grant permission for Executive Brains to accept a referral commission from a third party vendor, for third party services offered and accepted by you during the course of Executive Brains Service.

    1. Prohibited Activities

    In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:

    1. Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service;

    2. Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;

    3. Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the Service.

    4. Compromise the security of the Service;

    5. Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;

    6. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;

    7. Impersonate any person or entity;

    8. Buy, sell or otherwise offer in exchange for any compensation, access to Executive Brains Website and Service; and

    9. Develop any third party applications that interact with your Content, the Website or any other services without our prior written consent.

    1. Other Conditions of Use

    In addition to the other terms and conditions outlined in these Terms of Service, you agree that you are solely responsible for your interaction with other Users of the Service. You agree that Executive Brains is not responsible or liable for the conduct of any other third parties using and engaging the Service. Executive Brains reserves the right, but has no obligation, to monitor or become involved in disputes between you and other third parties using and engaging the Service.

    1. Insurance

    Executive Brains maintains comprehensive and current Professional Indemnity Insurance and Public Liability Insurance.

    1. Questions and Comments

    If you have any questions or comments about this Agreement, including our Terms of Service and Privacy Policy, please contact us. The Executive Brains contact details are as follows:

    Address: 17 Carl Street, Woolloongabba NSW 4102           

    Phone: 0413 484 276

    Email: shery@executivebrains.com.au