Terms and Conditions of Use

These Terms and Conditions of Use ("Terms") govern your access to and use of the Brainland website, mobile application, and any related services provided by Brainland Pty Ltd ACN 673 550 966 (collectively referred to as the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.

Acceptance of terms

By accessing or using the Service, you agree to comply with and be bound by these Terms. Brainland reserves the right to update or change these Terms at any time without notice. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service after any modifications to the Terms constitutes acceptance of those changes.

Use of the service

(a) You agree to use the Service for lawful purposes only and in a manner consistent with all applicable laws and regulations.

(b) You must not interfere or attempt to interfere with the proper functioning of the Service or any activities conducted on the Service.

(c) Brainland reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.

User Accounts

(a) In order to access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

(b) You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password.

(c) Brainland reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Products and Services

(a) Brainland may make changes to any products or services offered on the Service at any time without notice.

(b) All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Brainland.

Intellectual Property

(a) The Service and its original content, features, and functionality are and will remain the exclusive property of Brainland and its licensors.

(b) The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.

(c) You may not reproduce, modify, display, sell, or distribute any content from the Service without the express written consent of Brainland.

Disclaimer

(a) The Service is provided "as is" without warranties of any kind, either express or implied.

(b) Brainland does not warrant that the Service will be uninterrupted, secure, or error-free.

Limitation of Liability

(a) In no event shall Brainland be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

(i) Your use or inability to use the Service;

(ii) Any unauthorised access to or use of our servers and/or any personal information stored therein;

(iii) Any interruption or cessation of transmission to or from the Service;

(iv) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party;

(v) Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.

(b) This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Brainland has been advised of the possibility of such damage.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.