Terms & Conditions

The Poweringup website (“Site”) and services and goods provided through the Site ("Services") are provided by PoweringUpMBS Pty Ltd ACN 153 549 074 (“Company”). Your access and use of the Services is subject to these terms and any additional terms specific to the services that you may access and use.

If you are under 18 years of age you must obtain the consent of your parents before you accept these terms. If you are under the age of 13 you may not use the Site and Services, other than through our solution for parents, which requires your parent to register at www.mybrainsolutions.com/parents.

By using the Site and the Services, you consent to these terms. If you do not agree with any of them, do not use the Site or the Services.

  1. 1

    Grant of License

    If you agree to these terms the Company will grant you the right to access and use the Services subject to the terms and conditions set forth herein and any applicable laws.

  2. 2

    Reports and Services

    2.1

    The Company provides reports about brain cognition (“Reports”) and other Services including self development programs and information. The Reports and Services are not intended to be used for medical purposes or to diagnose, or select treatment for, or cure, any health condition. The Reports are intended to be used for self development purposes only to provide indications of cognition as compared to a normative database and to identify which self development programs available through the Site may prove most beneficial. In no way does a Report establish any physician-patient relationship or supplant an in-person medical consultation or examination. Appropriate medical attention and advice should always be sought for any health issues or concerns. You should not ignore medical advice or delay seeking medical advice because of any Report.

    2.2

    The Company and its related bodies corporate expressly disclaim any and all responsibility for any liability, loss or risk which may be or is incurred as a consequence, directly or indirectly, of any use of a Report or a Service.

  3. 3

    Third Party Goods or Services

    The Company may supply third party goods or services through the Site. The Company does not provide any warranty for third party goods or services, and it expressly disclaims liability for those goods or services to the maximum extent permitted by law. In some circumstances a warranty may be provided by the third party supplier of the goods or services, any such warranty is not a warranty of the Company for such goods and services. Third party goods or services supplied by the Company through the Site must be used in accordance with instructions provided with the goods or services and they must not be used for any medical purpose.

  4. 4

    User Sponsorship Codes

    To access the Services you may be provided with a Sponsorship Code which will allow you to register as a member and access the Services until your sponsorship ends or the sponsoring entity ceases sponsorship. You are responsible for the use and protection of the Sponsorship Code. You are also responsible for the protection of any unique login identifications that may be generated for you and any passwords you select.

  5. 5

    Proprietary Rights

    You accept that the Company has developed and owns the Site, Services and Reports and their content (“Content”) or has licenses from other parties for such content. The content of the Site and the Reports is protected by copyright and other laws. The Company reserves all rights in the Site and the Reports not expressly granted herein.

  6. 6

    Restrictions

    You must not remove or change any copyright or Company notice placed on the Content. You must not distribute Content to anyone that is not bound by these terms. You may only use the Content for your own self development purposes and you must not copy (other than for your own reasonable use), sell or re-supply any Content without the prior written approval of the Company.

  7. 7

    No Medical Advice

    The Services, Reports and Content are not medical advice and they must not be used for any medical purpose including diagnosing, selecting treatment, treating or assessing risks associated with any medical or health condition including but not limited to brain or heart related medical or health conditions. If you have any pre-existing medical conditions, seek medical advice before using the services. If you feel any ill effects during use of the Service, stop using the Services and seek medical advice.

  8. 8

    Compliance with Laws and Rules

    The Services and Content may only be used for lawful purposes. When you use the Services, you agree to provide information that is true and complete. You will be responsible for, and you will be required to reimburse the Company for, any loss that arises from a breach by you of these terms and conditions as well as any improper use or misuse of the Services or Content.

  9. 9

    Limitation of Liability

    9.1

    The Services and Content are provided ”AS IS”, with no warranty, express or implied. The Company will not be responsible for how you use the Services or Content.

    9.2

    You agree that the Company will not be liable to you or any other person for any loss or injury caused by your use or misuse of the Services or Content; and you hereby waive all claims related to such liability, including claims based on breach of contract, tort, or injury to persons or property. The foregoing waiver of liability includes, without limitation, the waiver of all consequential, incidental, indirect, special or punitive damages or for any loss of data. If you do not agree with this waiver, you are not authorized to use the Services.

    9.3

    Without limiting any other clause of these terms, in the event that the foregoing waivers are held not to be effective as a matter of law or equity, and the Company is found liable to you for any claims or matters arising under, or in connection with, any Service, you agree that the Company’s aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the fees paid by you, or the party paying on your behalf, to the Company in that calendar year for that particular Service.

    9.4

    Without limiting any other clause of these terms, in the event that the foregoing waivers are held not to be effective as a matter of law or equity, and in the event of a defect or default in any Service, you agree that the liability of the Company will be limited to re-supply of the Service.

    9.5

    You should be aware that the internet may not be secure and messages to and from the Company may be observed by others. The Company accepts no responsibility for security of information submitted, delivered or transmitted on or over the internet. It is up to you to take steps to ensure that information you select for your use is free of viruses and other items of a destructive nature.

  10. 10

    Fees, billing and refund policy

    10.1

    To register for the Site you need to either be provided with a Sponsorship Code from your clinician or other sponsoring entity, or you may register as an individual member.

    10.2

    If you have been provided with a Sponsorship Code by your clinician or other sponsoring entity then you will not be required to directly pay the Company Site subscription fees while you are sponsored as these will be paid by your clinician or other sponsoring entity under a separate agreement.

    10.3

    To register as an individual user and use the Site you will be required to pay Site subscription fees. The individual Site subscription fee is as set out on the Site registration page. It is payable on registration and thereafter each month in advance (for monthly subscribers) or quarterly or annually in advance for quarterly or annual subscribers. The Site subscription fee will be deducted from the credit card you provided to us on the date you register and then on the same date each subsequent period for so long as you remain registered on the site as an individual user. If you register on the last day of a period, then payment will be deducted on the last day of each subsequent period. By using the Service, you are agreeing to these automatic deductions.

    10.4

    The Site subscription fee may be varied by the Company at any time by providing all individual registered users with prior notice by email or by notification on the Site.

    10.5

    You may cancel your subscription at any time by editing your account settings or by sending a request to cancel to parents-support@mybrainsolutions.com. We may cancel your subscription and your access to the Site if you fail to pay the Site subscription fee by the due date or if you misuse the Site or for any other reason in our sole determination. Once we have processed your cancellation, you will not be charged further Site subscription fees. You will not receive a refund of any Site subscription fees paid in advance.

    10.6

    If you have cancelled your subscription you may re-activate your subscription at any time by logging into your account and following the prompts to re-activate your subscription. You will be required to pay Site subscription fees from the date you re-activate your subscription. Your user data will be retained for a period of at least one year so that you will have access to it if you re-activate your subscription.

  11. 11

    Privacy

    11.1

    The Company will comply with all applicable privacy laws. The Company will not resell any personal information it collects. It will use reasonable commercial efforts to keep all personal information is collects strictly confidential and to never disclose personal information to any other person without the consent of the individual except as set out below or required by law.

    11.2

    The Company may ask for permission to store and make use of the results of your on-line brain assessment. If you consent, this information will be included in an International Database (“Database”) in de-identified form. The Database will not include your name or any other information that can reasonably be used to identify you. The de-identified Database is used by the Company and may also be made available to third parties for scientific research, clinical or commercial purposes.

    11.3

    For product development and scientific research purposes and to demonstrate the use and performance of the Site and Services, the Company may store, use and disclose other data gathered through your use of the Site in de-identified form. The data will not include your name or any other information that can reasonably be used to identify you.

    11.4

    The Company may inform the party responsible for paying for, or sponsoring, your use of the Site that you have registered on the Site and the extent of your use of the Site.

    11.5

    If a Clinical Sponsorship Code has been provided to you by your clinician then, for so long as you are registered on the Site under that Clinical Sponsorship Code, the Company may provide Reports or other data gathered through the Site (including data regarding your usage of the Site, scores and goals) to your clinician for the purposes of providing information which may assist your clinician with your clinical assessment and care. Your clinician should have explained this process to you when providing you with a Clinical Sponsorship Code.

    11.6

    If a Research Sponsorship Code has been provided to you by a researcher for a research study, for so long as you are registered on the Site under that Research Sponsorship Code, the Company may provide Reports or other data gathered through the Site (including data regarding your usage of the Site, scores and goals) to the researcher for the purposes of providing information required for the research study. The researcher should have separately obtained your consent and explained this process to you.

    11.7

    For further information about the Company’s privacy practices, you have access to read its privacy policy at www.mybrainsolutions.com/parents. This policy explains how the Company treats your personal information, and protects your privacy, when you use the Services.

  12. 12

    Email Correspondence

    12.1

    If you register, you consent to receive periodic email communications from the Company such as newsletters and announcements. You may unsubscribe from these emails at anytime.

    12.2

    The Company reserves the right to email you at any time regarding issues related to your account and your use of the Site and Services.

    12.3

    If you have registered for a Sponsored membership, the Company reserves the right to email you at anytime on behalf of your Sponsor.

  13. 13

    Account Termination

    You may cancel your subscription to the Site at any time by editing your account settings or by sending a request to cancel your subscription to parents-support@mybrainsolutions.com. If you wish for your account (all user data) to be deleted entirely, you may send a request to delete your account to parents-support@mybrainsolutions.com. The Company may delete any user from the Site at any time if the Company considers that the user has breached these terms or abused its right to use the Site.

  14. 14

    Changes

    The Company may make changes to these terms from time to time. If you use the Services after the date of any such changes, the Company will treat your use as acceptance of the updated terms. For operational purposes the Company may also make changes to the Site or discontinue all or any part of the Site or delete any data obtained through the Site.

  15. 15

    Governing Law

    These terms are governed by the laws of California, USA without regard to its conflict of law provisions and you submit to the exclusive jurisdiction of the courts of that State.