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BrilliantFIT End User License Agreement

By Downloading, accessing or using BrilliantFIT, you agree with BrilliantFIT to be bound by this agreement.

Please read the following BrilliantFIT End User License Agreement carefully before continuing. This is a legal contract between BrilliantFIT Pty Ltd (‘BrilliantFIT’) and you (‘you’ or ‘User’ or ‘End User’). BrilliantFIT is willing to license you to use any software provided to you, whether by download, via the Internet, as part of a device or piece of equipment, or on software media, including all databases, data, and documentation contained therein or provided therewith, including any subsequent updates (the ‘Local Software’) and allow you to communicate with software installed on BrilliantFIT’s or third party equipment (‘Remote Software’) only upon the condition that you accept all of the terms and conditions contained in this Agreement.

This Agreement, together with the BrilliantFIT Privacy Policy (‘Privacy Policy’) constitute the entire agreement between you and BrilliantFIT in relation to the BrilliantFIT Service. Our Privacy Policy details the types of personal information we collect, who can access the information and the purposes for which it may be used. BrilliantFIT takes the privacy of data very seriously. A copy of the latest version of our Privacy Policy can be found at: www.brilliantfit.co/privacy-policy/. BrilliantFIT is able to utilize and disclose the information generated by the Local Software or Remote Software (together, the ‘Software’) in an aggregated, non-identifiable form.

By clicking on the ‘Accept’ button, or otherwise accessing or using the Software, you accept all of the terms and conditions of this Agreement and the Privacy Policy and agree to be bound by their terms. If you do not accept the terms of this Agreement, or the Privacy Policy, you are not permitted to use the Software.  Please click the ‘Cancel’ button (where applicable) and do not download, access or use the Software.

BrilliantFIT reserves the right to offer you optional additional services via the BrilliantFIT Service relevant to the BrilliantFIT Service and other career services, including:

  • additional information and training about your career aspirations or interests;
  • services offered by an educational provider; and
  • information regarding joining a research program.

You acknowledge that the information you may receive in relation to the above examples will be matched and targeted to your profile. BrilliantFIT will not disclose any identifiable personal information about you to any third party unless you have provided express consent for us to do so. You may also opt out of the additional services at any time. Please select the Opt-Out button within your personal settings to opt out.

 

  1. LICENSE

BrilliantFIT grants, and the User hereby accepts, a non-exclusive, non-transferable, revocable license to use the Local Software and communicate to the Remote Software on the terms and conditions set forth in this Agreement. The terms of this Agreement apply to this or any subsequent version of the Software.

You may not do any of the following yourself, or through any third party, and you may not permit any third party with whom you have a business or personal relationship to do any of the following: (A) copy the Software, except as expressly set forth above; (B) modify or create derivative works based upon the Software; (C) decompile, disassemble, or reverse engineer the Software in whole or in part; (D) defeat, disable, or circumvent any protection mechanism related to the Software; (E) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Software, or, in particular, without limiting the generality of the foregoing, distribute the Software on any media; make the Software accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use the Software; (F) publish or otherwise communicate any review of, or information about, the performance of the Software to any third party without the prior written consent of BrilliantFIT; (G) export, re-export, download, or otherwise use the Software in violation of any laws or regulations; or (H) use the Software in connection with any critical application, where failure or malfunction could lead to injury to persons or loss of life or catastrophic property damage. Accordingly, should you decide to use this software for any critical application, BrilliantFIT disclaims any and all liability arising out of the use of the software in any critical application. If you use the software in a critical application, you, and not BrilliantFIT, assume full responsibility for such use.

 

  1. TERMINATION

The End User may terminate this Agreement at any time by notifying BrilliantFIT in writing. BrilliantFIT may at its sole discretion terminate this Agreement at any time, with or without prior notification, in the event the User fails to comply with the terms and conditions of this agreement, by deactivating the software or suspending operation of the program. BrilliantFIT reserves the right to terminate this Agreement, or to modify or terminate services and/or product offerings in connection with the Software, at any time without notice to the User.

 

  1. COPYRIGHT AND RESTRICTIONS

The Software, including all text and other content therein (‘Content’) is the property of BrilliantFIT or its licensors, and is protected by copyright and other intellectual property laws. Except for the rights expressly granted above, this Agreement transfers to User no right, title, or interest in the Software, or the Content or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. BrilliantFIT retains sole and exclusive title to all portions of the Software, Content and Animation, and any copies thereof, and User hereby assigns to BrilliantFIT all right, title, and interest in and to any modifications User makes to the Software, whether or not such modifications are permitted. None of the Content or Animation may be reproduced, transcribed, stored in a retrieval system, translated into any spoken language or computer language, retransmitted in any form or by any means (electronic,  mechanical, photocopied, recorded, or otherwise), resold, or redistributed without the prior written consent of BrilliantFIT, except that the User may reproduce limited excerpts of Content or Animation obtained from BrilliantFIT sources or databases for personal use only, provided that each such copy contains a copyright notice as follows:

‘© 2017 BrilliantFIT Pty Ltd. All rights reserved.’

For Content obtained from third-party licensors, the User is solely responsible for compliance with any copyright restrictions and is referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.

  1. CONTENT PROVIDED BY BrilliantFIT

While great care has been taken in organizing and presenting the Content, BrilliantFIT does not warrant or guarantee its correctness, accuracy, or timeliness, including with respect to any recommended applications. BrilliantFIT does not perform any independent analysis or investigation of any of the Content. BrilliantFIT does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided in the Content. It should be understood that by making this material available, BrilliantFIT is not endorsing or advocating the promotion of any one role described in the Content, nor is BrilliantFIT responsible for misuse of a career recommendation or procedure due to, or other consequence of, any typographical error or other inaccuracy.

 

Use of Professional Judgment

The editors and authors have conscientiously and carefully tried to present the Content in conformance with the standards of professional practice that prevailed at the time of Content publication. However, such standards and practices may change as new data becomes available, and the User should consult a variety of sources. BrilliantFIT’s Content is provided for information purposes only. The Content is complementary to but no substitute for the ongoing advice of a qualified career counsellor. Always seek and never disregard the advice of your career counsellors regarding a career choice.

All characters or names represented throughout the BrilliantFIT Software are fictitious and do not resemble or depict real persons or characters. Any resemblance to real persons, living or dead, is purely coincidental.

 

  1. PROTECTION AND SECURITY

The User shall take all reasonable steps to ensure that no unauthorized person shall have access to the Software or their career information. The Software and Content are the valuable property of BrilliantFIT, the unauthorized use or disclosure of which would irreparably harm BrilliantFIT. Upon learning of any unauthorized possession or use of or access to the Software, you will notify BrilliantFIT, will promptly furnish details of such occurrence, will assist in preventing any recurrence thereof, and will cooperate fully in any litigation or other proceedings undertaken to protect BrilliantFIT’s rights.

 

  1. DISCLAIMER

User expressly acknowledges and agrees that use of the Software and the Content are at User’s sole risk. BrilliantFIT does not directly or indirectly practice career counselling services and assumes no liability for the Content or any results obtained from the use of such information. We recommend Users consult with a qualified career counsellor in addition to using BrilliantFIT. The User assumes full responsibility for the appropriate use of Content contained in the Software and agrees to hold BrilliantFIT, and its third party providers, harmless from any and all claims or actions arising from User’s use of the Software or the Content.

BrilliantFIT is a technology tool and a communications platform between an organization and /or an educational institution and a BrilliantFIT Software User. BrilliantFIT disclaims any responsibility for any third party communications, including communications between a user of the Software and a registered member Organisation, and the misconfiguration of the BrilliantFIT Software by a member Organisation.

BrilliantFIT Pty Ltd assumes no responsibility for personal injury and/or damages which may be incurred during or after using the BrilliantFIT software.

The BrilliantFIT Software and the Content are provided ‘as is’, with all faults and no representations or warranties of any kind, either express or implied.

BrilliantFIT does not warrant against interference with your enjoyment of the BrilliantFIT Software; that the functions contained in, or services performed or provided by, the BrilliantFIT Software will meet your requirements; that the operation of the Software will be uninterrupted or error-free; that any service will continue to be made available; that defects in the Software may prevent Users from receiving notifications; that defects in the Software or services will be corrected; or that the Software will be compatible or work with any third party Software, applications or third party services.

BrilliantFIT does not warrant that the Software or the Content will meet User’s requirements, or that the operation of the Software or the Content will be uninterrupted or error-free, or that defects in the Software or the Content will be corrected. Furthermore, BrilliantFIT does not warrant or make any representation regarding the use or the results of the use of the Software (including the related documentation) or the Content in terms of their correctness, accuracy, reliability, or otherwise. Should the Software or the Content prove defective, you (and not BrilliantFIT) assume the entire cost of all necessary servicing, repair, or correction. BrilliantFIT will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom. The methods of career advice may change as new information is available, and the information provided by BrilliantFIT does not necessarily represent the most current practices or methods in career advice.

**To the extent permitted by law, BrilliantFIT expressly disclaims any warranties, written or oral, express or implied, of merchantability, fitness for a particular purpose, title or non-infringement with respect to the software or the content. **

The Software may be provided with third party plug-ins or other third party software, or this Software may be provided as a plug-in for, or otherwise in association with, third party software. Use of any such third party software will be governed by the applicable license agreement, if any, with such third party.

* BrilliantFIT is not responsible for any third party software and will have no liability of any kind for your use of such third party software and makes no warranty of any kind with respect to such third party software. *

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions might not apply to User, and User may have other legal rights related to this Agreement that may vary from jurisdiction to jurisdiction.

No salesperson or other representative of any party involved in the distribution of the Software is authorized to make any warranties with respect to the Software or Content beyond those contained in this Agreement. Oral statements do not constitute warranties, shall not be relied upon by the User, and are not a part of this Agreement.

 

  1. LIMITATION OF LIABILITY

**To the extent permitted by law, under no circumstances, including negligence, will BrilliantFIT, or any other party involved in the creation, production, promotion, or marketing of the software, or the content, be liable to any other party for any incidental, special, indirect, reliance, punitive or consequential damages, including lost data, business interruption, loss of use, lost revenue, or lost profits, arising out of or relating to this license or the software, the content, or the servers, even if BrilliantFIT or such other party has been advised of the possibility of such damages.**

In no event will the total liability of BrilliantFIT or such other party for all damages exceed the license fees paid by the User for the Software for the current term of this Agreement. Some jurisdictions do not allow the exclusion or limitation of consequential or indirect damages, so the above limitation may not apply to you.

 

  1. GENERAL

If for any reason any provision of this Agreement is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. No amendment or modification of any provision of this Agreement will be effective unless set forth in a document that purports to amend this Agreement and both parties accept that hereto. This Agreement is personal to User and User may not assign User’s rights or obligations to anyone.

If you have any questions about BrilliantFIT’s Policies, please contact us via our website: www.brilliantfit.co 

 

9. Voucher

The BrilliantFit.co Platform may allow you to purchase one or more reports as a gift for the benefit of another individual. If you choose to purchase a report as a gift, you must provide BrilliantFIT with the gift recipient’s contact information so that BrilliantFIT may electronically deliver the gift to the gift recipient, and you hereby represent and warrant that you have the gift recipient’s permission to provide his/her contact information. When you purchase a report as a gift, BrilliantFIT will provide you with a one-time access code which can be shared with the gift recipient so that the gift recipient may redeem the gift.

All gifts must be redeemed within one (1) year of purchase; gifts that are not redeemed within one (1) year of purchase will expire. All gift sales are final and are not eligible for return. Gift access codes may only be redeemed once and will become inactive once redeemed. For that reason, please do not share the gift access code with anyone other than the gift recipient.

BrilliantFIT shall not be responsible for any lost, stolen, or misplaced gift access codes. The gift purchaser will be responsible for any applicable taxes associated with the gift, and taxes will be assessed based on the gift purchaser’s state of residence.

Gifts may not be resold under any circumstances. Gifts may only be transferred to the original gift recipient (as designated by the gift purchaser at the point of purchase) or to that original gift recipient’s designated recipient. If you purchase a gift and the gift recipient cannot redeem the gift due to technical reasons, please contact BrilliantFIT at support@brilliantfit.co for assistance.

Gifts may not be available in all languages. In the event the Voucher is not utilised within the validity period, no cash, credit or extension will be provided.

 

10. CHANGES

We reserve the right to change this document from time to time. An up-to-date copy of this document is available at http://www.brilliantfit.co/member-tcs/

 

The BrilliantFIT End User License Agreement was last updated on 25th January 2016.

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