Terms & Conditions
Last updated: March 2nd, 2022
These terms and conditions are between you and Cognitive Training Solutions Pty Ltd t/as SWiPE Brain Training (ABN 95 652 266 969) (we, our or us) and govern your use of our website located at https://www.swipebraintraining.com.au/ (Website) and our SWiPE Brain Training app (App), together the Services. By accessing and using the Services you agree to be bound by and abide by these terms and conditions.
1. INFORMATION ON THE SERVICES
All information set out on our Services (Information) is provided for general information purposes only.
The Information is not medical advice, nor is it a substitute for medical advice, diagnosis or treatment. It should not be considered complete, nor should it be relied on to make any decision about your health. You should consult a doctor to obtain medical advice.
You must never disregard medical advice, nor delay in seeking it, because of Information you have read on the Services.
We make no warranty about the accuracy, completeness, reliability or timeliness of the Information. You must not rely on the Information, including when deciding whether to seek treatment for an actual or perceived mental health or alcohol addiction matter. You are solely responsible for the consequences of your use of any Information, including any decision to act or not act on the basis of the Information.
If you are alcohol dependent, you should speak to your general practitioner or a medical professional before using the App. An abrupt cessation of alcohol use can lead to withdrawal symptoms and health complications.
The Services may be accessed from outside Australia. We make no representation that the Information or Services comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
2. ELIGIBILITY AND USE
Persons under the age of 18 are strictly prohibited from accessing or using the App. By accessing and using the App you acknowledge and represent that you are aged 18 years or older.
You may delete the App at any time. To the extent permitted by law, the one off payment for the App is non-refundable.
By accessing and using the Services, you warrant and agree that you will:
a) not use the Services for any purpose not permitted under these Terms and Conditions;
b) not use the Services for any commercial purpose without our prior written consent;
c) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Services in any way whatsoever;
d) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
e) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Services or any information contained within them;
f) refrain from tampering with, hindering the operation of or making unauthorised modifications to the Services;
g) not use the Services with an incompatible or unauthorised device;
h) refrain from uploading onto the Services any material, or use the Website, App or Services in any way which:
(i) infringes the intellectual property rights of any person; or
(ii) is unlawful or violates any law;
i) not breach any other terms of these Terms and Conditions.
By entering into this Agreement and using the App, you agree to receive in App notifications to remind you to complete weekly training sessions and to report on your alcohol consumption.
3. TECHNICAL INFORMATION AND SECURITY
The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Services, you access the Services at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Services.
You acknowledge that it is your responsibility to:
a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
b) ensure that whatever you select for your use in the Services is free of viruses of anything else that may interfere with or damage the operations of your computer of mobile device.
We do not warrant that functions available via the Services will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
4. OWNERSHIP OF CONTENT
Copyright and all other intellectual property rights in material contained on the Services (including the text, graphics, videos, photos, information, designs, data and other content) (Content) is owned by us or our licensors unless otherwise indicated.
While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Services for any other purpose.
All product and company names referred to in this Services are the property of their respective owners.
5. USER CONTENT
You may upload content to the App from your device (User Content). We don't claim ownership of any User Content you provide to us through or in connection with the Services. You are solely responsible for User Content including its legality, reliability, and appropriateness. User Content cannot be accessed by us and is stored only on your device (not in the App itself). We will not sell or share any User Content you upload to the App with a third party.
6. PRIVACY AND CONFIDENTIALITY
We do not collect your personal information through the App. We may collect your personal information (including your name and email address) if you sign up to our mailing list or submit a contact form through the Website.
We treat all information received from you as confidential and will not disclose this information to any person other than our officers, independent contractors or employers who require the information to offer the Services to you, or as required by law. We take reasonable precautions to maintain the secrecy and confidentiality, and prevent unauthorised disclosure, of your information.
7. COOKIES
'Cookies' are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. The Website uses cookies for a number of purposes.
Most browsers allow you to turn off the cookie function. If you'd like to do this, please look at the help menu on your browser. However, you should be aware that turning off cookies may adversely affect the Website's functionality.
8. THIRD PARTY SITES
We may provide links to third party sites for your convenience (Links). We have no control over third party sites. These terms and conditions do not apply to third party sites and you should review the terms and conditions of the applicable third party website before using that website.
Although we have used reasonable endeavours to review the Links, we make no representation or warranty as to, and we are not responsible for, the accuracy, legality, decency or any other aspect of any material located at the Links or the services provided by these third parties (including in relation to our products and services). The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, third party goods or third party services referred to on it.
9. NON-EXCLUDABLE OBLIGATIONS
To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these terms and conditions operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations).
10. DISCLAIMER
The Content on the Services is provided "as is" and "as available". Except in relation to Non-excludable Obligations, we expressly exclude all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us.
Except in relation to Non-excludable Obligations, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss or liability incurred by you or any other person under or in connection with your use of the Services (including any Content or in connection with any Link), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).
The Information on the Services is provided on the basis that all persons accessing the Services undertake the responsibility for assessing the accuracy of its content and that they rely on that Information entirely at their own risk.
11. MODIFYING THE SERVICES
We may modify, suspend or discontinue the services available via the Services from time to time in our absolute discretion, including if we believe there has been a breach of these Terms and Conditions.
If we suspend or terminate your access to the Services due to a breach of these Terms and Conditions, we will use reasonable efforts to notify you of the breach and ways in which you can remedy it.
We reserve the right to cease operating the Services at any time, without notice, and to terminate this agreement under these Terms and Conditions.
You have the right to terminate this agreement by deleting or ceasing use of the Services.
12. CHANGES TO TERMS AND CONDITIONS
We may change these terms and conditions at any time without notice to you. You agree to be bound by the changed terms if you use the Services after the terms have changed.
13. APPLICABLE LAW
These terms and conditions are to be construed in accordance with, and are governed by, the laws of Victoria, Australia. By using this website you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute relating to the Services.
14. ENQUIRIES
If you have any questions about these terms and conditions, you can contact us at support@swipebraintraining.com or via the Website.