Terms of Service

Thank you for using Biobrain!  Biobrain is created by Cotton Educational Consulting (“CEC” or “we”).  These Terms of Service (“TOS”) govern the use of Biobrain online at biobrain.com.au, cottoneducationalconsulting.com and on mobile devices (collectively, “Biobrain”).

These TOS represent a binding contract between you and CEC, and by creating an account or otherwise accessing Biobrain, you expressly agree to be bound by them.  The TOS incorporates the provisions of the Privacy Policy and Payment Policy, so please review them carefully as well.  If you do not agree to be bound by the TOS, you may not use or purchase Biobrain.

  1. Your account information and email
  2. Intellectual property
  3. Your license to use Biobrain
  4. Cancelling your account
  5. Restrictions and prohibited uses
  6. Disclaimers
  7. Limitation of liability
  8. Complaints contact
  9. Indemnity
  10. General

1. Your account information and email

Biobrain provides a personalised content and, educational and training experience.  When you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information”).

Some Biobrain features either now or in the future may allow you to post or submit content and materials for publication on Biobrain (“Your Content”).  You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt, and publish Your Content for purposes of enabling us to offer Biobrain or the features you have elected to use.  You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.

You may choose to opt out of much of this email correspondence through your Account Settings pages or by using the links at the bottom of our emails.

Please note that even if you opt out, we will still send you account-related emails, such as purchase confirmation and password reset emails.

2. Intellectual property

Biobrain is protected by Australian and international intellectual property laws and you agree to abide by them.  Without our prior written consent, you may not download, copy or store Biobrain content in any form outside of Biobrain and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Biobrain content.  You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Biobrain.  All intellectual property rights in Biobrain are, as between you and CEC, the sole and exclusive property of CEC.

Some Biobrain features either now or in the future may allow you to post or submit content and materials for publication on Biobrain (“Your Content”).  You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Biobrain or the features you have elected to use.  You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

3. Your license to use Biobrain

We are providing you with access to Biobrain pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license.  You can use Biobrain for personal, non-commercial use only, and subject to the TOS.  This license is available to you if you are not barred from Biobrain by applicable law and your account is not terminated by us or by you.  If the TOS are not enforceable where you are located, you may not use Biobrain.  CEC reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

4. Cancelling your account

While we hope you enjoy using Biobrain, you may cancel your account at any time by contacting our customer support team.  For information about the availability of refunds, please review our Payment Policy.

5. Restrictions and prohibited uses

Biobrain is used by many people, and we are proud of the trust our users place in us.  We expect, in turn, that our users do not misuse our products and services.  Except with our written permission, you shall not:

  • Attempt to impersonate another person or use another person’s Biobrain account information without authorisation;
  • use or distribute Biobrain for your own scientific or research purposes;
  • violate or attempt to violate Biobrain’s security features, including logging into a server that you are not authorised to access, or probing the vulnerability of Biobrain systems and networks;
  • redistribute, decompile, reverse engineer, publish, or copy Biobrain;
  • use Biobrain to create a product or service with a substantially similar look, feel or design;
  • access or search Biobrain by any means other than our publicly supported interfaces;
  • interfere with others’ use and enjoyment of Biobrain;
  • use Biobrain or any trademarks, trade names, service marks, copyrights, or logos of Biobrain and/or CEC, in unsolicited mailings, spam material, contests, or surveys, or to create the impression that such items are associated with you;
  • violate any third party’s rights, including intellectual property or privacy rights; or
  • threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal, or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Biobrain account, and may also subject you to civil or criminal penalties.

6. Disclaimers

You agree that use of Biobrain is at your own sole risk and that Biobrain is provided on an “as is”, “as available” basis, without warranties or any kind, either express or implied.  To the maximum extent permitted by law, CEC and its affiliates, offices, and/or employees expressly disclaim any and all warranties, express or implied, regarding Biobrain, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.  Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you. CEC strives to maintain Biobrain on a commercially reasonable basis and cannot guarantee that you will have access to Biobrain at all times.

7. Limitation of liability

In no event shall CEC or its affiliates, offices, and/or employees be liable with respect to Biobrain for (1) in the aggregate, any amount in excess of the fees paid by you to subscribe to Biobrain; (2) lost profits, lost data, or failure to meet and duty including without limitation good faith and reasonable care arising out of your access to or use of Biobrain; or (3) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between CEC and you.  You understand that Biobrain would not be provided without such limitations.  Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

8. Complaints contact

If you have any complaints with respect to material published on Biobrain, you may contact our designated agent by email to complaints@biobrain.com.au

You must include the following information in your complaint:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on Biobrain;
  • your mailing address, telephone number, and if available, email address;
  • a statement by you that you have a good faith belief that the use of the material on Biobrain is not authorised by the copyright owner, its agent, or the law;
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorised to act on behalf of the copyright or intellectual property owner; and
  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed.

9. Indemnity

You will indemnify and hold harmless CEC, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Biobrain, Your Content, or the violation of the TOS by you.

10. General

(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible.  Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

(b) Governing law, jurisdiction and venue.  The TOS are governed by the laws of the State of Victoria without regard to conflict of law provisions.  Both parties further consent to the personal jurisdiction of and exclusive venue in the courts of Victoria, Australia as the legal forum for any dispute between them.

(c) Change Policy.  The TOS may be updated from time to time.  If we make material changes, we will provide notice to you either by email, by posting a notification on Biobrain or by posting an updated TOS on Biobrain at least thirty (30) days in advance of the effective date of the updated TOS.  Please note that unless otherwise provided by applicable law, your continued use of Biobrain following the effective date means that you agree with, and consent to be bound by, the updated TOS.

(d) Miscellaneous.  The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS.  If there is any conflict between the TOS and any additional terms, conditions, and rules posted by CEC on Biobrain, the TOS shall govern, unless otherwise indicated.  Sections 2 – 10 shall survive any termination of the TOS.