Brain Resource Company Online Services Terms

The Brain Resource Company online services ("Services") are provided by BRC International Pty Ltd ACN 121 254 608 ("BRC").Your access and use of the Services is subject these terms and any additional terms specific to the services that you may purchase.

1. Privacy

Users of BRC services may be asked to allow their test results to be included in BRC's database. Once these test results are included in BRC's database they may be used for scientific research, clinical and commercial purposes.

Names, credit card details and any other information from which an individuals identity can be reasonably ascertained or for which there is a reasonable basis to believe can be used to identify the individual is not included in BRC's database. It is therefore a de-identified database. Confidentiality and privacy is maintained by this de-identification method.

BRC will at all times comply with all applicable laws relating to privacy.

2. Grant of Licence

Access to the Services is limited to persons over the age of 18. By accepting these terms you agree to subscribe to and BRC agrees to grant you a non-exclusive, non-transferable, limited licence to access the Services.

3. Reports

3.1 BRC acts as a resources company providing information only via reports to users. BRC reports show indications of brain function and cognition with the only purpose being to provide evidence based data to assist the decision making process of a competent relevant professional. Reports must not be used as a basis for action without consideration by a competent relevant professional. Reports are not intended to diagnose, treat, prevent or cure a health problem. BRC reports and tests do not establish any physician-patient relationship or supplant an in-person medical consultation or examination. Appropriate medical attention should always be sought for ailments. Do not disregard professional medical advice or delay seeking medical advice or treatment as a result of any BRC report.

3.2 In so far as permitted by law, BRC expressly disclaims any and all responsibility for any liability, loss, injury, damage, expense or risk which may be or is incurred by any party as a consequence, directly or indirectly, of any use and application of any BRC reports or any reliance placed on the representations in the reports. Whilst every effort is made to ensure that the contents of the reports are accurate and complete and that the representations are true at the time of issue, BRC accepts no liability in respect of the accuracy, usefulness or completeness of any information contained in any report.

3.3 BRC reports must not be modified and if any reference is made to any aspect of a BRC report in a separate report, the BRC report needs to be acknowledged, appropriately referenced and included in its entirety. The separate report must clearly delineate between what is a clinical opinion and what is stated in the BRC report.

4. User Access Codes

You will be issued user identification details for use in logging onto the Services ("Codes). You are solely responsible for the use and proper protection of the Codes.

5. Proprietary Rights

BRC has expended substantial time, effort and funds to create the Services. You acknowledge and agree that BRC exclusively owns or has been licensed by third parties to use all rights, title and interest in the Services and the information, data, databases, images, sound recordings, and other content provided by BRC through the Services ("Content").

6. Restrictions

You shall not remove, obscure, adapt or modify any copyright or other notice of BRC's proprietary interest placed on the Content. Distribution of Content must be limited to those who are aware of the obligations imposed by this these terms.

7. No Medical Advice

The information you access via the Services does not amount to medical or professional advice.

8. Compliance with Laws and Rules

The Services and Content may be used only for lawful purposes. You agree that you shall comply with applicable laws of the jurisdiction in which you are accessing and using the Services and Content. You represent and warrant to BRC that the information you provide to BRC in the registration process and in other uses of the Services is true, accurate and complete. Upon request by BRC, you agree to defend, indemnify and hold harmless BRC from all liabilities, claims and expenses, including legal fees that arise from a breach of these terms for which you are responsible.

9. Limitation of Liability

9.1 The Services and the Content are provided as is, with no guarantee of completeness, availability, accuracy, or timeliness and without warranty of any kind, express or implied, including any warranty of performance, merchantability, fitness for a particular purpose or non-infringement. In addition, BRC can assume no responsibility for any use you may make of the Services or the Content.

9.2 BRC will not be liable to you or to any other person for any loss, liability, cost, damage or other injury arising out of or resulting from any use of the Services or the Content. BRC will not be liable to you or to any other person, for consequential, incidental, indirect, special or punitive damages, including lost profits, business interruption, loss of programs or data.

9.3 Without limiting any of the foregoing, if BRC is found liable to you for any claims or matters arising under or in connection with any Service, BRC's aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the fees paid by you to BRC in that calendar year for the that particular Service.

9.4 You should be aware that the Internet may be an unsecure environment and messages to and from BRC may be observed by a third party whilst in transit. You understand that BRC accepts no responsibility for security of information on or transmitted via the Internet. It is up to you to take precautions to ensure that information you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

10. Fees

Fees you will pay (if any) for the Services and terms of payment are set out in the description of the applicable Service. BRC reserves its right to vary such fees from time to time.

11. Governing Law

These terms shall be governed by and construed under the law of New South Wales, Australia. You must consent and submit to jurisdiction in the federal or state jurisdiction of the courts of New South Wales, Australia.