Terms of Use Agreement

Welcome to Whole Brain Thinking Pty Ltd. We sincerely hope that you will enjoy your experience.

The following Terms & Conditions are necessary to allow Whole Brain Thinking Pty Ltd to provide our valued users with the best possible experience and are intended to:

• Outline the Code of Conduct for all members of the service
• Protect users from those few individuals who act in an inappropriate or fraudulent manner
• Maintain the integrity of the data collected and accuracy of results
• Clarify the terms regarding payment and billing
• Share information with our users in an honest, upfront manner

Your Account

In consideration of your use of Whole Brain Thinking Pty Ltd, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if Whole Brain Thinking Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, Whole Brain Thinking Pty Ltd has the right to disable or terminate your account and refuse any and all current or future use of the site.

Once you complete the registration process with Whole Brain Thinking Pty Ltd, you will receive an account designation and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify Whole Brain Thinking Pty Ltd of any unauthorized use of your account or any other breach of security.

Unless otherwise specified, Whole Brain Thinking Pty Ltd grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon, and the Fee-Based Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this website and/or any of our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription or use of our Fee-Based Products may not be shared with others. If Whole Brain Thinking Pty Ltd has reasonable grounds to suspect that you have shared your account access and password with another individual, Whole Brain Thinking Pty Ltd has the right to terminate your account and refuse any refund.

You agree that you shall only use the Services and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.

Eligibility

By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement. Children under 10 are not permitted to use this website.

Payment and Billing

Payment for Whole Brain Thinking Pty Ltd services or products may be made by credit card or other means by which Whole Brain Thinking Pty Ltd authorizes. Payment must be received by Whole Brain Thinking Pty Ltd prior to acceptance of an order.

Customers must promptly inform Whole Brain Thinking Pty Ltd of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Whole Brain Thinking Pty Ltd is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.

Modifications to Service

These Terms & Conditions were last modified on October 1, 2005. At any time and without prior notice, Whole Brain Thinking Pty Ltd shall have the right, in its sole discretion, to modify, add or remove terms of these Terms & Conditions, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of this website and/or the Whole Brain Thinking Pty Ltd services following our posting of any such change on our site will constitute binding acceptance of such change. You agree that Whole Brain Thinking Pty Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Refunds

Please select your instruments carefully as no refunds will be given.

Communication

As a part of the service Whole Brain Thinking Pty Ltd provides to our Members, we communicate via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. However, even though users may request removal from the distribution of certain e-mails, Whole Brain Thinking Pty Ltd has the right to send messages from time to time that we believe would interest them. Whole Brain Thinking Pty Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.

Privacy Policy

All personal information collected and stored by Whole Brain Thinking Pty Ltd as a result of your use of our website is used by Whole Brain Thinking Pty Ltd only for the purposes of facilitating the supply of services to you, the customer and servicing our relationship with you.

Our .client’s privacy is important to us. Therefore, once the user’s online NBI™ Profile is completed, the user’s profile or any associated information will not be disclosed to anyone other than the user and their NBI™ Practitioner.

Customer contact information may also be used by Whole Brain Thinking Pty Ltd for some direct marketing purposes.

Advertiser Links

This website contains links to Internet websites maintained by third parties. Whole Brain Thinking Pty Ltd does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by Whole Brain Thinking Pty Ltd and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.

Copyright and Trademarks

The content included on this website, including, but not limited to the Whole Brain Thinking Pty Ltd tests, reports, text, graphics, logos, icons, and images is the exclusive property of Whole Brain Thinking Pty Ltd, Solutionsfinding & Kobus Neethling and other respective owners that have granted Whole Brain Thinking Pty Ltd the right and license to use such property and is protected by international copyright laws. All trademarks, service marks, and trade names are proprietary to Whole Brain Thinking Pty Ltd, Solutionsfinding/Kobus Neethling or other respective owners that have granted Whole Brain Thinking Pty Ltd the right and license to use such marks. The Whole Brain Thinking Pty Ltd website contains copyrighted material, including, but not limited to: trademarks and other proprietary information, content, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Whole Brain Thinking Pty Ltd website without the express permission of the organization.

Disclaimers of Warranties

The products, offerings, content and materials (including, without limitation, the Fee-Based products) on this website are provided "as is" and without warranties of any kind, either express or implied. Whole Brain Thinking Pty Ltd disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement. Whole Brain Thinking Pty Ltd does not conduct criminal background checks on its members.

Neither Whole Brain Thinking Pty Ltd, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.

Neither Whole Brain Thinking Pty Ltd, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.

Limitation of Liability

You expressly understand and agree that Whole Brain Thinking Pty Ltd and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this website (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on this website or any website or websites linked to this website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); or (f) any other matter relating to this website. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website. If you are dissatisfied with any portion of our website, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website.

Indemnity.

You agree to indemnify and hold Whole Brain Thinking Pty Ltd, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.

All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, shall be governed by and construed in accordance with the law.

Whole Brain Thinking Pty Ltd will not be responsible or liable to you for any delay or failure to perform under these Terms & Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Whole Brain Thinking Pty Ltd

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

Web Advantage Security Policy

Whole Brain Thinking Pty Ltd uses Web Advantage to provide a secure environment for the authorisation of credit card transactions over the Internet. Confidential information including client credit card details are encrypted the moment they are transmitted from the client's browser to the banking network using industry standard SSL 128-bit RC4 encryption technology.
A client's credit card details are not stored anywhere on the Internet and the only company who has access to this data is the merchant's bank. The bank also sends confirmation information via the same encryption technology back to the client's browser. These secure processes provide clients with peace of mind when purchasing online.

Problem Resolution

If problems arise, users may contact us by email or phone .We are committed to resolving disputes ASAP.

Miscellaneous Terms

All information presented by Whole Brain Thinking Pty Ltd is for educational and entertainment purposes. Whole Brain Thinking Pty Ltd and the creators, producers, and distributors of the content disclaim any liability in connection with the advice, recommendations or products advertised on this site.

Whole Brain Thinking Pty Ltd may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Entire Agreement

These Terms & Conditions represent the complete and entire agreement between Whole Brain Thinking Pty Ltd and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read these Terms & Conditions and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using Whole Brain Thinking Pty Ltd, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms & Conditions.

We sincerely hope you enjoy your use of the Whole Brain Thinking Pty Ltd site. Please understand that these rules help make it possible to offer our valued users these Services.

Official correspondence must be mailed to:
info@wholebrainthinking.com.au

IMPORTANT: These Terms & Conditions of Service for Whole Brain Thinking Pty Ltd ("Agreement") is a legal agreement between you and Whole Brain Thinking Pty Ltd. By initiating a purchase or otherwise using or accepting the Services, you agree to be bound by the terms of this Agreement. If you do not agree to the Terms of this Agreement, do not purchase or use these Services. You agree that your use of the services acknowledges that you have read this Agreement, understand it, and agree to be bound by its Terms and Conditions.