BrilliantFIT’s Organisation License Agreement
Please read the following BrilliantFIT Member Organisation License Agreement (‘Agreement’) carefully before continuing. This is a legal contract between BrilliantFIT Pty Ltd ACN 609 490 735 (‘BrilliantFIT’) and your Member Organisation business or company (‘You’, ‘Member Organisation’, ‘Your Member Organisation’, ‘The Member Organisation’). BrilliantFIT is willing to license you to use the career, recruitment, talent development and related services provided by BrilliantFIT (Services) and 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 in and/or provided in this Agreement, including any subsequent updates (‘Local Software’) to you only upon the condition that you accept all of the terms and conditions contained in this Agreement.
This Agreement details the terms upon which:
(a) you are permitted to access and use BrilliantFIT’s website published at brilliantfit.co (“Site”) and any information, text, graphics, or other materials published on the Site (“Content”);
(b) BrilliantFIT provides Services to you;
(c) the terms upon which any Local Software made available to you by BrilliantFIT (by any means) is licensed to you by BrilliantFIT, and upon which you may communicate with the Remote Software; and
(d) you grant BrilliantFIT the right to access your Files and System and to Transmit Raw Data (as defined in this Agreement) for the purpose of BrilliantFIT providing the Services.
TERMS AND CONDITIONS
In this Agreement, unless the subject or the context otherwise requires, the terms defined below have a corresponding meaning and:
“Agreement Details” means the document of that name appearing as the cover sheet to this Agreement;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation.
“Business” means your Member Organisation’s own business;
“Consumer Guarantee” means a consumer guarantee contained in the Australian Consumer Law;
“Customer” means your customer, being a customer or potential employee of your Member Organisation;
“Feedback” means your feedback, comments and suggestions for improvements to the Site, Services, Software or Content including where you post content to the Site and/or communicate with BrilliantFIT or other users of the Site or the Services or Software via forums on the Site;
“Files” has the meaning set out in clause 6.1;
“GST” means and includes GST payable in Australia. Where the context requires a reference to GST in Australia, GST means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended) and GST Act refers to that Act;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights conferred by statute, at civil, common law or in equity and wherever existing, including patents, designs, copyright, rights and circuit layouts, database rights, trade marks, know-how, domain names, brand names, inventions, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration and including any application or right to apply for registration and any renewal or extension of rights;
“License” means the license referred to in clause 2;
“License Fee” means the monthly, annual license or other license fee agreed between you and BrilliantFIT;
“Output Data” means the outcomes of BrilliantFIT’s processing of Raw Data that are transmitted or made available to you by BrilliantFIT (including any such outcomes made available to you in an automated fashion by the Local Software);
“Personal Information” has the meaning set out in section 6(1) of the Privacy Act;
“Privacy Act” means the Privacy Act 1988 (Cth), as amended or replaced from time to time and including all regulations and statutory instruments made under that Act;
“Raw Data” means the data that you transmit or make available to BrilliantFIT (including to any Local Software) for the purposes of receiving the Services;
“Remote Software” means any software used by BrilliantFIT to provide the Services that is not Local Software, such as software that BrilliantFIT installs on its own or a third party’s computers and uses to process or receive Output Data;
“Services” means the Services described in paragraph (b) of the Introduction by BrilliantFIT; “Site” has the meaning described in paragraph (a) of the Introduction;
“Software” means the Remote Software and the Local Software;
“System” means the computers, used or operated in connection with your Business from time to time;
“Transmit” means to upload, submit, link, transmit, transfer or make available (in a manner approved by BrilliantFIT in its discretion) information and data to BrilliantFIT pursuant to this Agreement and “Transmission” has a corresponding meaning; and
2.1 BrilliantFIT grants you a license to use the Services (via communication with the Remote Software) and use the Local Software on the terms and conditions of this Agreement.
2.2 The License is limited to use on your System unless you have obtained the prior written consent of BrilliantFIT to use the Software on alternative equipment. Such consent shall not be unreasonably withheld.
2.3 The License is limited to use for the purposes of your Business (excluding, for the avoidance of doubt, any business of providing career, recruitment, talent development or related services for use in any business that is competitive in any way with BrilliantFIT.
2.4 The License is limited to use of the Services and features, and within the usage or any other limits, agreed by you and BrilliantFIT when you agreed the License Fee.
2.5 The License is suspended during any time when you are not compliant with this Agreement (including if you have not paid the License Fee).
2.6 The License may only be transferred or assigned by you:
(a) with the prior written consent of BrilliantFIT; or
(b) in the event of transfer of your business to a third party .
The exercise of any rights by the assignee will be subject to the assignee also assuming all accrued but unsatisfied and all future liabilities and obligations.
- SOFTWARE UPDATES
3.1 BrilliantFIT will update the Software from time to time. You consent to BrilliantFIT providing updates at BrilliantFIT’s discretion. You are responsible for making any changes to your System or practices that are
required as a result of any updates.
- LICENSE FEE AND CHANGES TO TERMS
4.1 BrilliantFIT reserves the right, at any time, to change any terms of this Agreement including in respect of your access to and use of the Services upon giving 30 days’ notice to you. Subject to the last sentence of this paragraph, such notified changes are binding on you unless you terminate this Agreement by written notice to BrilliantFIT within that 30 day notice period. BrilliantFIT will not impose the changed terms or any changes until the 30 day period has expired and will otherwise charge the fees for the use of the free sections of the Site, Content and the Software installed on your System. If your License Fees are calculated by reference to a period such as a month or year, then any changes to those License Fees will not bind you until the period that is current at the time of the notice expires.
4.2 Payment of License Fee
In consideration of BrilliantFIT granting you a license to use the Software, Your Member Organisation must pay BrilliantFIT for the License Fee. Unless agreed otherwise, monthly License Fees must be paid monthly in advance and annual License Fees must be paid annually in advance. Other kinds of License Fees must be paid at the times agreed between you and BrilliantFIT when the License Fee was agreed.
4.3 Unpaid License Fees
In the event the Member Organisation does not pay the License Fee to BrilliantFIT in accordance with the Payment Terms in clause 4.4, BrilliantFIT may terminate this Agreement in accordance with clause 15.
- GOODS AND SERVICES TAX (GST)
Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act.
5.2 GST exclusive
Unless otherwise stated, any amount specified in this Agreement or in the License Fee as the consideration payable for any taxable supply excludes any GST payable in respect of that supply.
5.3 Tax invoice
Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.
5.4 Reimbursement of expenses
If a third party makes a taxable supply and this Agreement requires a party to this Agreement (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.
5.5 Adjustment event
If an adjustment event arises in relation to a taxable supply made by a party under this Agreement (Supplier), the amount paid or payable by the party to whom the taxable supply is made (Recipient) pursuant to clause 5.2 will be amended to reflect this and a payment will be made by the Recipient to the Supplier or vice versa as the case may be.
5.6 Non merger
This clause does not merge on completion and will continue to apply after expiration or termination of this Agreement
- ACCESS TO AND USE OF YOUR RAW DATA
6.1 You grant BrilliantFIT and its employees, agents and contractors the right to access, retrieve, transmit, use, store, copy, modify and create derivative works based on information and data in your Files that relates to:
(a) jobs and the selection of suitable candidates for roles you have or will advertise through BrilliantFIT;
(c) such other information and data:
- you allow BrilliantFIT to access and use; or
- that you do not object to BrilliantFIT accessing and using.
7. YOUR RESPONSIBILITIES
7.1 From time to time, BrilliantFIT may conduct audits on the information that it receives from your account. This requires a BrilliantFIT representative to contact you and check information. You agree to promptly assist BrilliantFIT, act in accordance with all reasonable requests from BrilliantFIT and provide the information requested by BrilliantFIT in connection with such audits.
- OUR RESPONSIBILITIES
8.1 BrilliantFIT will use reasonable endeavours to ensure that the Software:
(a) is reasonably free from errors;
(b) is free from malicious code; and
(c) will not harm your computer or unduly interfere with its performance,
however, BrilliantFIT does not otherwise warrant these attributes and you use the Software and Services at your own risk.
8.2 BrilliantFIT will use reasonable endeavours to ensure that the information made available to or transmitted to you is accurate, however you acknowledge and agree that:
(a) BrilliantFIT is not responsible or liable for any inaccuracies in the information made available to or transmitted to Customers to the extent that such inaccuracies are caused directly or indirectly by the Raw Data not being true, complete and accurate or by information provided by third parties not being true, complete or accurate; and
(b) The information should be used only subject to reasonable and experienced human judgment, and is an aid to business decision-making rather than being conclusive.
- INTELLECTUAL PROPERTY RIGHTS
9.1 All right, title, and interest in all Intellectual Property Rights (collectively “Rights”) in and to the Software, the Site, Content, Output Data, and any works created by BrilliantFIT that are derived from or based on Raw Data or your Feedback vest in BrilliantFIT immediately upon creation and will remain the exclusive property of BrilliantFIT. To the extent that any Rights vest in you, by this Agreement you immediately assign all such Rights to BrilliantFIT and agree to do all things reasonably necessary to confirm or register such Rights as being the property of BrilliantFIT.
9.2 Except as expressly permitted in this Agreement, you must not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publish, Transmit, or otherwise use the Site, Content or Output Data. You must not copy or modify the HTML or other code used to generate web pages on the Site.
9.3 BrilliantFIT is able to utilize and disclose the information generated by the Software or in the provision of the Services in an aggregated, non-identifiable form.
- GENERAL PROHIBITIONS
10.1 You agree not to do any of the following:
(a) Transmit or make available for Transmission by BrilliantFIT any Files, Raw Data, data, text, graphics, or material that:
- is false or misleading;
- is defamatory;
- is obscene, pornographic, or offensive;
- promotes bigotry, racism, hatred or harm against any individual or group;
- infringes another’s rights, including any Intellectual Property Rights; or
vii. violates, or encourages any conduct that would violate, any applicable law or regulation giving rise to civil liability;
(b) access, tamper with, or use non-public areas of the Site (including but not limited to user folders not designated as ‘public’ or that you have not been given permission to access), BrilliantFIT’s computer systems, or the technical delivery systems of BrilliantFIT’s providers;
(c) attempt to probe, scan, or test the vulnerability of any part of the Site or Software or any related system or network or breach any security or authentication measures;
(d) attempt to access or search the Site, Content or Raw Data with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by BrilliantFIT or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
(e) use the Site or Content to send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
(f) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
(g) attempt to decipher, decompile, disassemble or reverse engineer the Software, the Site, Content or Output Data;
(h) interfere with, or attempt to interfere with, the access of any user, host or network to the Site, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on BrilliantFIT’s computer system, those systems of BrilliantFIT’s providers, or otherwise use the Site;
(i) fail to take reasonable precautions to prevent the transmission of malicious or harmful code (including links); or
(j) use the Site, Content or Output Data to impersonate or misrepresent your affiliation with any person or entity.
10.2 BrilliantFIT has the right (but not the obligation) to investigate and take action for breach of any of the above, including Intellectual Property Rights infringement and breach of Site security. BrilliantFIT may involve and cooperate with law enforcement authorities if applicable.
- SITE SERVICES, LINKS
11.1 BrilliantFIT may change the Site, Content, Software or Services without notice at any time.
11.2 The Site may contain links to third-party websites or resources. You acknowledge and agree that BrilliantFIT is not responsible or liable for:
(a) the availability or accuracy of such websites or resources; or
(b) the content, products, or services on or available from such websites or resources.
11.3 Links to such websites or resources do not imply any endorsement by BrilliantFIT of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12.1 If you breach your obligations under this Agreement, your permission (if any) to use the Site, Content, Software or Services will automatically be suspended.
12.2 BrilliantFIT reserves the right to revoke your access to and use of the Site, Content, Software and Services (or any of them) at any time without notice.
12.3 BrilliantFIT may terminate this Agreement immediately upon written notice to if applicable fees are not paid to BrilliantFIT.
12.4 You may terminate this Agreement without cause on 30 days’ written notice to BrilliantFIT, but if your License Fees are calculated by reference to a period such as a month or a year you will forfeit (and still be required to pay) the License Fees applicable to the remainder of the period in which termination occurs.
12.5 On termination of this Agreement, BrilliantFIT is entitled to retain or delete any or all of the Output Data, including any previous versions and/or prior backups of the Output Data.
- BrilliantFIT SERVICES ARE AVAILABLE “AS-IS”
13.1 To the full extent permitted at law the Software, Site, Content and Services are provided “as is”, without warranty or condition of any kind, either express or implied.
13.2 To the extent that BrilliantFIT is able to limit the remedies available to you or the Customer under the Australian Consumer Law, BrilliantFIT expressly limits its liability for breach of a Consumer Guarantee to any of the following (the choice of which is to be at BrilliantFIT’s discretion, to be exercised reasonably):
(a) in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
(b) in the case of services:
- supplying of the services again; or
- the payment of the cost of having the services supplied again.
13.3 BrilliantFIT is a technology tool and a communications platform between Your Member Organisation and a user of the BrilliantFIT Service. BrilliantFIT disclaims any responsibility for any third party communications.
- LIMITATION OF LIABILITY AND ACKNOWLEDGEMENT
14.1 To the fullest extent permitted by law in no event will BrilliantFIT be liable to you (whether arising in contract, tort or otherwise) for any indirect, special, incidental, punitive or consequential loss and damage of any kind, even if such loss was known, reasonably foreseen or in the reasonable contemplation of you or BrilliantFIT (including, without limitation, loss of use, loss of data, loss of business or profits, business interruption or loss of information) arising out of or in connection with:
(a) this Agreement, the Site, Content, Software or Services;
(b) a breach of this Agreement by BrilliantFIT or any wrongful act or omission by BrilliantFIT in connection with this Agreement;
(c) your access to or use of, or inability to access or use, the Site, Content and/or Services; or
(d) the Transmission of the Raw Data or BrilliantFIT’s access to the Files,
And BrilliantFIT’s sole liability to you for any direct loss and damage (whether arising in contract, tort or otherwise) in connection with the matters referred to in paragraphs (a) to (d) (both inclusive) of this clause is limited to the amount of the fees received by BrilliantFIT for the Services provided to you under this Agreement.
15.1 Any notice, demand or other communication to be given or required to be made pursuant to this Agreement is to be in writing and is to be given by post, facsimile, email or hand to a party at the party’s address as is notified in writing by one party to the other party.
15.2 BrilliantFIT may assign its rights and obligations under this Agreement at any time upon written notice to you.
15.3 Each provision that is capable of having effect after the termination of this Agreement and each representation and warranty made in this Agreement will survive the termination of this Agreement and the performance of all obligations under this Agreement and will not merge on termination.
15.4 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because the party was responsible for the preparation of this Agreement or part of it.
15.5 Each party agrees to do all things that may be necessary or desirable to give full effect to every part of this agreement if asked in writing by another party to do so.
15.6 In the event that any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
15.7 The failure of BrilliantFIT to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
15.8 This Agreement and any action related thereto will be governed by the laws of the State of Victoria. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the courts of the State of Victoria.
15.9 This Agreement is the entire agreement (as amended from time to time under clause 4.2) between BrilliantFIT and you regarding the subject matter of it, and this Agreement supersedes and replaces any prior agreements between BrilliantFIT and you in relation to that subject matter. For the avoidance of doubt, this Member Organisation License Agreement supersedes and replaces any previous Member Organisation License Agreement or other license agreement between BrilliantFIT and you.
This BrilliantFIT Member Organisation License Agreement was last updated on 31ST July 2018.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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: brilliantfit.co
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 firstname.lastname@example.org 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.
We reserve the right to change this document from time to time. An up-to-date copy of this document is available at http://brilliantfit.co/member-tcs/
The BrilliantFIT End User License Agreement was last updated November 2020.