Terms & Conditions
1. Agreement
These terms and conditions set out the terms for use of www.brainreno.com and constitute a legally binding agreement between you the “Instructor” hereafter also known as (“You:, “Your”) and BrainReno hereafter also known as (“We”, “Us”, “Our”). These terms and conditions govern your use of and access to our website, mobile applications & services. By registering as an Instructor at www.brainreno.com, you agree to become bound by these Terms & Conditions. Brain Reno reserves the right to revise these Terms & Conditions in its sole discretion at any time. Changes are effective immediately after posting on this page, and your continued use of www.brainreno.com after any change shall mean that you accept those changes. As a user of this site you should regularly ensure you are familiar with and aware of the latest version of the Terms & Conditions. Any revised Terms shall supersede all previous Terms. No revisions to these Terms & Conditions will apply to any dispute between you and BrainReno that commenced prior to the date of such revision.
2. Definitions
- Courses: means, pre-recorded instruction and learning services provided by our Instructors.
- Submitted or uploaded content: any content You upload to Our platform.
- Platform/Portal: The online framework of Our website that allows Our instructors to upload/sell a course and our students to purchase and enroll in the course.
- Students/Purchasers: Any user who creates a student account and purchases a course via www.brainreno.com or a user who uses the “gift a course” feature to purchase a course for another person or user.
- Instructors: Any user who creates an instructor account, uploads a course to Our platform and has the course approved by Us to be released on sale.
- Users: means either a student, instructor, administrator or non logged in person who visits or uses www.brainreno.com.
- Sales Price: refers to the price that Brain Reno makes the Course available to its Users.
- Net Sales Amount: refers to the total amount received from the purchases of your course less any refunds, taxes, credit card fees or 3rd party transaction fees.
- Instructor Revenue Share: the percentage of Net Sales Amount that is earned by Instructors.
3. Privacy: Any personal information submitted in connection with www.brainreno.com is subject to Our Privacy Policy
4. License: You the Instructor grant a royalty free, non exclusive, worldwide, irrevocable, transferable perpetual license and right to BrainReno to market, offer, sell, modify, reproduce, sublicense, publicly display, distribute, transmit, publish, sub-publish, publicly perform or otherwise exploit any course or content you upload to www.brainreno.com.
Brain Reno shall offer, sell and distribute the Courses on the platform, subject to the terms and conditions set forth in this document. Any submitted course will not be published on our platform until the course has been approved by BrainReno.
You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and for the purpose of delivering, marketing, promoting, demonstrating or operating the Site and the Products.
You hereby grant BrainReno permission to use your name, likeness, voice, logo, trademarks, domain names, images, photographs, artwork, text or any other content provided or uploaded by you in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or BrainReno’s content. You the Instructor represent and warrant to BrainReno that any advertising or promotional activities carried out by Brain Reno in accordance with this Agreement will not constitute false, deceptive, or unfair advertising or disparagement and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
BrainReno’s right to use such Submitted Content for marketing purposes shall survive termination.
5. Instructor Representations & Warranties:
By uploading any course to our platform, you represent and warrant:
(a) You are over the age of 18.
(b) You will not post or upload any content that is false, misleading, offensive, racist, sexist, pornographic, defamatory or that infringes any copyrights.
(c) The Courses you offer do not infringe upon, misappropriate, or violate the intellectual property (including trademark, copyright or patent) or contractual rights of any other party;
(d) You hold relevant qualifications, expertise, training and skill sets to teach the Courses you upload for sale to our platform;
(e) You will not post or upload any content that enables illegal behavior;
(f) You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation (commercial or otherwise) through our platform to any other user;
(g) You will not upload or post any content that will require BrainReno to obtain any licenses from or pay any royalties to any third party, such as but not limited to images, videos or musical/sound recordings.
(h) You will not use the BrainReno platform for any business other than for providing tutoring, teaching and instructional services to Students;
(i) You will not copy, modify or distribute any intellectual property of BrainReno such as but not limited to written material, images, videos or musical/sound recordings except as permitted in this Instructor Agreement;
(j) You will respond promptly and in a professional manner to students at all times and ensure a quality of service that corresponds with the standards of your industry.
(k) You will not interfere with the business activities of other instructors or otherwise prevent them from providing their services or Courses;
(l) You will not impersonate another person or gain unauthorized access to another person’s account;
(m) You will maintain and ensure your account information shall be accurate and up to date at all times.
Any breach of these representations and warranties or other violations of the Term & Conditions set out in this agreement will constitute a basis for termination of any further use of our platform. If BrainReno are subjected to any third party claims as a result of you breaching your obligations set out in this agreement, you shall be obligated to indemnify and hold harmless Brain Reno as set forth in the “Indemnification” section below.
6. Content, Licenses, & Permissions
In relation to any course or content you post or upload to our platform, you hereby represent and warrant that you have all necessary licenses, rights, consents, and permissions to grant the rights set forth in these terms and conditions to BrainReno and that BrainReno shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your course or other submitted content as authorized in these Terms and conditions. Furthermore you represent and warrant that BrainReno do not have any liability to you or any other party as a result of any use or exploitation of your Course and any other submitted content as authorized in these Terms. If any of the Instructor’s representations, warranties, or covenants contained herein becomes inaccurate or untrue in any material you shall notify us immediately.
7. Trademarks
Whilst your courses are actively published on our platform you may use our trademarks but only as we authorize you to do so.
You must:
- only use the images of our trademarks that we make available to you in our instructors tools promotion pack provided to you when you receive the BrainReno marketing checklist.
- only use our trademarks in connection with the promotion of your courses available for sale on our platform.
- immediately discontinue and remove all use upon request.
You must not:
- use our trademarks in a manner that violates applicable law or in connection with an offensive, indecent, or unlawful topic or material.
- use our trademarks in a misleading or disparaging manner
- use our trademarks in a manner that implies BrainReno endorses, sponsors or approves of your courses or services.
- use our trademarks in a manner that is unfavourable to the best interests and good reputation of BrainReno.
8. Student Course Access
When a student purchases a course at www.brainreno.com, the student will gain access to the course via their student login. You the Instructor agree to honor all such Course purchases in accordance with the terms and conditions set forth in this Agreement indefinitely.
9. Pricing
The pricing of your course is set and managed by You however your course must be in the range of AU$9-AU$249 and will need to be approved by our team before it is published.
You must not promote or make your course available for sale for any less than listed with us on any other online course market place, your own website or any other platform. If BrainReno intend to advertise your course on sale for a special discounted price we will request your permission in advance.
10. Instructor Commissions
- Standard Instructors – An instructor who does not complete our marketing checklist will earn a 50% share of the net sale amount for any course they upload to our platform.
- Partner Instructors – An instructor who completes our marketing checklist will earn a 75% commission of the net sale amount for any course they upload to our platform. Any sales made prior to the marketing checklist being completed will be calculated at the standard instructor revenue share. To maintain the partner instructor revenue share, instructors must complete and maintain the obligations set out in the Brain Reno marketing checklist.
- Advertising Deal – at its sole discretion Brain Reno may choose to advertise your course using company money and track those sales. For any sales of your course generated by advertisements funded and managed by Brain Reno, the instructor revenue share will be 25% of the net sale amount.
11. Payments
To receive payments of your instructor revenue share you will be required to hold a paypal account in good standing and provide us with the relevant email address attached to the account. Subject to full receipt of payment from purchasers, Instructor revenue share payments of AU$250 or more will be paid to instructors within 30 days of the end of each month.
Students are entitled to refunds of courses pursuant to our student terms and conditions and you agree that Brain Reno may deduct from any amounts owed to you. In the event the Instructor Revenue Share of the Net Sale Amount from all Courses for that month is lower than the amount owed for refunds, the Instructor will reimburse Brain Reno within 30 days of receiving any invoice related to such a refund.
To satisfy the requirements of paypal or any other 3rd party payment processor, we may require additional personally identifiable information from you to comply with applicable federal and state laws. Fees for transferring funds may be deducted from payments to the Instructor. Fees may vary by payment method and payment amount, and may be changed at any time.
12. Tax Compliance
As an Instructor you are solely responsible for complying with the federal, state, international or local laws that may apply to your business activity with Brain Reno. We may withhold payment from you until you provide all applicable identifying and tax information. If you reside outside of Australia you are solely responsible for determining whether you are eligible to be paid by an Australian company. Payments may also be withheld if you are not eligible to be paid by an Australian company or you do not provide the required information.
13. Student Relations
Instructors will be responsible to ensure all reasonable student questions or complaints are resolved in a manner that preserves BrainReno’s good reputation and best interests. Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the BrainReno platform. You agree that you will not use the data or personal information of students or any other user you receive for any purpose other than providing your services to those students or users on the BrainReno platform, and that you won’t solicit additional personal data or store students’ personal data outside the BrainReno platform. You will indemnify BrainReno against any claims arising from your use of students’ personal data.
14. Termination
BrainReno may terminate your use of the platform immediately without notice if you breach any of the terms and conditions of this agreement or any of our policies posted on our site or communicated to you. We may discontinue offering for sale any courses you have uploaded to our site at any time which will terminate your right to sell or promote the sale of courses on our site. You understand that your use of the Services is subject to BrainReno’s approval, which we may grant or deny at our sole discretion.
We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including but not limited to cases where:
- an instructor or course does not comply with our policies or these terms and conditions.
- a course is deemed to not meet our quality standards
- a course has a negative impact on the student experience;
- an instructor engages in behavior that might reflect unfavorably on BrainReno or bring BrainReno into public disrepute, contempt, scandal, or ridicule;
- an instructor engages the services of a third party who violates BrainReno’s policies; or
- as determined by BrainReno in its sole discretion.
You may terminate your use of our site and services at any time by contacting us at admin@brainreno.com. Once we have received your termination request, BrainReno will remove from sale any courses you have uploaded on our platform within 30 days. Rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) Therefore, students who have already purchased your Course before the submitted contents removal, shall continue to have access to all Course materials indefinitely, until the course duration expires, until all students have completed the course or until BrainReno decides to completely remove the course from our site. Instructors who remove any course content from the Platform will be liable to BrainReno for the cost of any refunds given to Students that purchased the Course prior to the removal of the course plus an additional fifty percent (50%) administration charge. BrainReno is under no obligation to retain any of your account, courses, or submitted content for any period of time beyond what may be required by applicable law. Upon termination you must cease all use of the platform. Any accrued rights to payment and all representations and warranties shall survive termination.
15. Limitation of Liability
IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM (a) LOSS OF INCOME, (b) THE USE OR LOSS OF USE OF OUR PLATFORM (c) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF OUR PLATFORM OR SERVICES (d) LOSS OF DATA (e) ANY BREACH OF THIS AGREEMENT BY BRAINRENO OR OUR FAILURE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OR BELIEF OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”
16. Indemnification
UPON A REQUEST BY US YOU AGREE TO INDEMNIFY AND HOLD US OR ANY OTHER BRAINRENO PARTY HARMLESS FROM AND AGAINST ALL LIABILITIES, DAMAGES, COSTS, CLAIMS (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) AND LIABILITIES RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST BRAINRENO AND/OR ITS AFFILIATES, EMPLOYEES AND OFFICERS ARISING FROM OR RELATED TO YOUR ACTIVITIES, CONDUCT OR VIOLATION OF THESE TERMS AND CONDITIONS.
17. No Warranties
This website is provided “as is” without any representations or warranties,, inclusive of all faults, with no representations or warranties of any kind, either expressed or implied. BrainReno makes no representations or warranties in relation to this website or the information and materials provided on this website. You assume total responsibility and risk for your use of this Platform and its related products and services or third party associated websites. BrainReno does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. No communication, or information, either oral or written provided by BrainReno or its authorized representatives shall create a warranty of any kind. Any references to specific products or services on the Platform do not constitute or imply a recommendation or endorsement by BrainReno.
18. Miscellaneous
(a) Relationship between us: You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
(b) Entire Agreement: These Terms & Conditions, together with the Privacy Policy constitute the entire agreement between you and BrainReno concerning the platform, products and services provided by BrainReno. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and BrainReno regarding the subject matter contained in this Agreement.
(c) Severability: If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(d) Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
(e) Survival: Any section or provision of this Agreement intended or required to survive the termination or expiration of this Agreement in order to achieve its full effect, shall survive any such expiration or termination.
(f) Notices: Any notice or other communication to be given hereunder will be in writing and given by registered post or electronic mail. Most communication between BrainReno and you will be sent and received electronically. You agree that all electronic communication between BrainReno and you shall satisfy any legal requirements that such communications be in writing.
(g) Force Majeure: In no event shall BrainReno be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that BrainReno shall use reasonable efforts which are consistent with accepted practices in the online course marketplace industry to resume performance as soon as practicable under the circumstances.
(h) Disclaimer of Warranties: EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO, AND BrainReno EXPRESSLY DENIES, REJECTS AND DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF THE CORRECTNESS, ACCURACY, PRECISION, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR SERVICES PROVIDED HEREUNDER.
(i) Governing Law: These Terms and conditions, together with our Privacy Policy shall all be governed and construed in accordance with the laws of the State of Victoria, without regard to conflicts of law principles. You agree that any legal action or proceeding between BrainReno and you for any purpose relating to these Terms & Conditions or our Privacy Policy or your use of our platform, products or services shall be brought exclusively in a federal or state court of competent jurisdiction in Melbourne, Victoria, Australia.
(j) Claims: Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
(k) No waiver: BrainReno’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and conditions.
(l) Assignment of Rights: BrainReno may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.
(m) Rights: Any rights of BrainReno not expressly granted herein are reserved.
