Terms of Services

Welcome to our terms of use and service! We invite you to use our website and services, but please note that your invitation is subject to your agreement to these Terms of Use and Services. By using our website and services, you accept these terms and conditions in full. If you disagree with any of these terms and conditions, you must not use our website and/or products/services. You may want to view our Privacy Notice, Cookie Notice, and Interest-Based Ads notice for more comprehensive information on all of our stated agreements.

The OT BRAIN TRUST is an Australian company that operates under the ABN: 64371563863 being its main domain https://otbraintrust.com.au/. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users when they buy our products.

Description of Services: individual or group online course and/or consulting in recorded video format, which may or may not contain a live streaming service, as informed on the page from which this term was accessed. Please read these terms and conditions carefully before using our service.

Interpretation and Definitions

Interpretation

Words whose initial letter is capitalized have defined meanings under the following conditions. The following definitions must have the same meaning, regardless of whether they appear in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under the common control of a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities with voting rights for the election of directors or other authority administrative.

  • Account means a single account created for you to access our Service or parts thereof.

  • Company (referred to as "the Company", "We", "We" or "Our" in this Agreement) refers to the otbraintrust.com.au website including its subdomains.

  • Content refers to content such as text, images or other information that may be posted, uploaded, linked to or otherwise made available by or to you, regardless of the form of that content.

  • Device means any device that can access the Service, such as a computer, mobile phone or digital tablet.

  • Feedback means feedback, innovations or suggestions sent by or to you regarding the attributes, performance or features of our Service.

  • Products refers to the products or items offered for sale on the Service.

  • Orders means a request by you to purchase Products from us.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service and Products refer to courses and professional guidance offered by us.

  • Terms and Conditions (also called "Terms" or "Terms of Use") means those Terms and Conditions that constitute the entire agreement between you and the company with respect to your use of the Service.

  • Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through the Service.

  • You mean the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


Recognition

These are the Terms and Conditions that govern your use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users in relation to the use of the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our website and Service.

By accessing or using any of our services and websites including subdomains, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you will not be able to access the Service. You declare that you are over 18 years of age. The Company does not allow anyone under the age of 18 to use the Service. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of Your personal information when You access our website or use our Services.

Legal advice disclaimer for our products

Any information and/or advice offered in this course is for informational purposes only. You are responsible for applying your own judgment on any perceptions shared by presenters. By purchasing this course, you agree that any subsequent results arising from the course are at your own risk, and you release Kobie Boshoff and any other lecturers in the course even if not mentioned herein from any liability for any loss or injury of any kind. You agree that under no circumstances (including negligence), Kobie Boshoff and any other speaker are liable to you or any other person for any direct, indirect, incidental, special or consequential damages, personal injury (including death) or damages of any kind or nature whatever comes out of your practice with learning in this course.

You understand that it is your responsibility to ensure that the privacy policy or any other policy you create with us is complete, accurate and meets your company's specific privacy needs.

OT BRAIN TRUST is not responsible for any privacy policies or any other policies created using our services, and we make no representations or warranties, express or implied, that the privacy policies or any other policies created using our service are complete, accurate or free from errors or omissions.

Ordering Products/Services (Purchase)

By placing an order for products through the Service, you warrant that you are legally able to make use of the Service and to apply your own judgment to any advice given, and that you are fully responsible for your own actions.

Your information

If you wish to place an order for products available on the Service, you may be asked to provide certain information relevant to completing and accessing that Service, which may include, but not be limited to, your name, your email address, your telephone number, your Social Security number, ID, your credit card number, your credit card expiration date, your billing address, and other information for your identification and access to the Service purchased.

You represent and warrant that: (i) You have the legal right to use any credit or debit card or other payment method in connection with any Order; and that (ii) the information you provide to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties who process the payment in order to facilitate the completion of your order.

Order cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons, including, but not limited to:

  • Product availability

  • Errors in product description or prices

  • Errors in your order

  • We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your order cancellation rights

Any products you purchase may only be returned or refunded in accordance with these Terms and Conditions.

Refunds

If you purchase a Product and for some reason decide that you want a refund, you have 7 days to request a refund. If you request a refund within 7 days from the date of purchase, our Company will give you a full refund of the purchase price. If you do not request a refund within the 7-day refund period, you will lose this option and will not be entitled to a refund, which is optional for the company after that time.

Availability, errors and inaccuracies

We are constantly updating our Product and Service offerings, which may lead to incorrect pricing, incorrect description or unavailability, and we may experience delays in updating information about our products and services and in our advertising on other websites.

While we make every effort to keep all information on all products and services as current as possible, we cannot and do not guarantee the accuracy or completeness of any information, including pricing, product images, specifications, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or any other information that we need at any time without notice.

Pricing Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices mentioned on our websites may be revised by the Company upon acceptance of an Order in the event of any occurrence affecting delivery caused by government action, variation in tax rates, increased shipping or access charges, increased exchange costs foreign nationality and any other matter beyond the Company's control. In that case, you will have the right to cancel your order.

Payments

Payment can be made using the various payment methods that we have available, such as online payment methods via PayPal, Stripe, which accept cards from brands such as Visa, MasterCard, American Express, etc. Payment cards (credit or debit cards) are subject to validation and authorization checks by your card issuer. If we do not receive the necessary authorization, we will not be responsible for any delay or non-delivery of Your Order.

We do not have access of any kind and do not store any of your credit card details at the time of purchase of our Products and Services. This transaction is done through a third-party company outside our website, such as Stripe, PayPal for example. By submitting such information, you grant us the right to provide the information to third parties who process the payment for the purpose of facilitating the completion of your order.

We can offer alternative payment options such as bank transfer for example as a contingency strategy in the event of a server failure of one of the third-party companies that process the payment. In this case, the handling of your product or service will happen manually, which may lead to a delay in delivery. Sending such money to a non-Our Company account is at your own risk. We make no guarantees of any kind against money sending errors.

Electronic Signatures

You understand and agree that checking the Terms and Use confirmation box available on our payment page is equivalent to your signing consent to use Our Services.

Promotions

Any Promotions made available by Our Company may be subject to rules separate from these Terms. If you participate in any promotion, please review the applicable rules as well as our privacy policy. If the rules of a Promotion conflict with these Terms, the rules of the Promotion will apply.

User accounts

When creating an account with us, you must provide us with accurate, complete and up-to-date information at all times. Failure to comply with this recommendation constitutes a breach of the Terms, which may result in the immediate termination of your account and stop the provision of Our Service.

You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password, whether your password is with our service or a third-party social media service. You agree not to disclose your password to third parties. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not legally available for use, a name or trademark that is subject to any rights of any person or entity other than you without proper authorization, or a name that is otherwise offensive, vulgar or obscene.

Your right to post content

Our service allows you to post content. You are responsible for the Content you post on the Service, including its legality, reliability and suitability. By posting Content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content through the Service. You retain any and all rights to any Content that You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or You have the right to use it and grant us the rights and license under these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person.

Content restrictions

The Company is not responsible for the content of users of the Service. You expressly understand and agree that you are solely responsible for the Content and for all activities that occur under your account, whether by you or anyone else using your account.

You may not transmit any Content that is unlawful, offensive, harassing, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to:

  • Unlawful acts or promotion of illegal activities.

  • Defamatory, discriminatory or petty content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other target groups.

  • Spam, machine generated or randomly, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, malware, trojan horses or other content that is designed or intended to interrupt, damage or limit the operation of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any data or other information from a third person.

  • Violate any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonate any person or entity, including the Company and its employees or representatives.

  • Violate the privacy of others.

  • False information and resources.

The Company reserves the right, but not the obligation, in its sole discretion, to determine whether or not any Content is appropriate and complies with these Terms, refuse or remove such Content. The Company further reserves the right to make formatting, editing and changes to the form of any Content. The Company may also limit or revoke your use of the Service if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, you understand and agree that you may be subject to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be responsible in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using any content.

Content backups

Although regular backups of the Content are performed, the Company does not guarantee that there will be no loss or corruption of data. Corrupted or invalid backup points can be caused by, but not limited to, Content that was corrupted prior to the backup or that has changed during the time a backup is performed. The Company will provide support and will attempt to resolve any known or discovered issues that may affect backups of the Content, but you acknowledge that the Company has no liability relating to the integrity of the Content or the failure to restore the Content to a usable state. We encourage you to keep a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual property infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes any person's copyright or other intellectual property infringement. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement occurring through the Service, you must notify us via the email admin@otbraintrust.com.au including a detailed description of the alleged violation. You may be liable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark and other laws of the country and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the Company's prior written consent.

Your feedback to us

You assign all right, title and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and exploit such Feedback without restriction.

Links to other websites

Our service and/or website may contain links to third party websites or services that are not owned or controlled by the company. The Company has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any of these websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend your account immediately, without notice or liability, for any reason, including, but not limited to, breach of these Terms and Conditions. In the event that this happens, upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.

Limitation of Liability

Notwithstanding any damages You may incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or R$ 100.00 if You have not purchased anything through the Service. To the fullest extent permitted by applicable law, in no event will the Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for lost profits, loss of data or other information , for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use or inability to use the Service, third party software and/or third party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In those states, each party's liability will be limited to the maximum extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise in the course of dealing, performance, use, or business practice. Without limiting the foregoing, the Company makes no warranty or commitment, and makes no representation of any kind, that the Service will meet your requirements, achieve your intended results, be compatible with, or work with any other software, application, system, or service. , will operate without interruption, meet any performance or reliability standards or be error free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any supplier to the Company makes any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products included therein; (ii) that the Service will be uninterrupted or error free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; and (iv) that the Service, its servers, content or emails sent from or on behalf of the Company are free of viruses, scripts, trojans, malware, or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable legal rights, so some or all of the above exclusions and limitations may not apply to you. But, in such case, the exclusions and limitations set forth in this section will apply to the greatest extent practicable under applicable law.

Applicable law

The laws of the country, excluding its conflict of law rules, will govern these Terms and your use of the Service. Use of Our Service may also be subject to other local, state, national or international laws.

Dispute Resolution

If you have any concerns or disputes about the Service, you agree to first attempt to resolve the dispute informally by contacting the Company at admin@otbraintrust.com.au

For European Union (EU) users

If you are an EU consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "supporting terrorism" country, and (ii) You do not is listed on any US government list of prohibited or restricted parties.

Severability and waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be amended and interpreted to fulfill the purposes of such provision to the fullest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Renounce

Except as provided herein, failure to exercise a right or to enforce an obligation under these Terms shall not affect a party's ability to exercise such right or enforce such performance at any later time, nor shall it be a waiver of a breach will constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we made them available to you on our service. You agree that the English language text will prevail in the event of a dispute.

Changes to these Terms and Conditions

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will use reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined in our sole discretion. By continuing to access or use our service after these revisions take effect, you agree to be bound by the revised terms. If you do not agree with the new terms, in whole or in part, please stop using the website and the Service.

Contact us

If you have any questions about these Terms and Conditions, or any other of our terms, please contact us via email: admin@otbraintrust.com.au