Terms of Use
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Memory Foundation Ltd (which includes www.memory.foundation , www.brainfit.nz and www.brainfit.academy
among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
Terms & Conditions for Brainfit® Coaching
Please READ these carefully, as they pertain to the Agreement of your registration with any of the products sold (sometimes referred to as Courses) by Brainfit® Ltd (sometimes referred to as “Memory Foundation” and “Brainfit® Academy”).
By purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated.
Courses
Brainfit® Ltd agrees to provide course content, identified as online course training, to help Clients develop knowledge of the brain and memory processes leading to creating their own business as a Brainfit® Coach. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our courses.
Copyright
All rights to Brainfit® Academy training materials are reserved. No part of this course may be reproduced, shared, published, transmitted or commercially exploited, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Brainfit® Academy and Brainfit® Ltd.
You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright that has been shared with you during this course. By using the course, you agree to abide by all copyright notices and other posted restrictions. Brainfit® Academy and Brainfit® Ltd expressly disclaim all liability to any person in respect of any losses or other claims, whether direct, indirect, incidental, and consequential or otherwise arising in relation to the use of such materials.
Client Responsibility
Products developed by Brainfit® Ltd are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Brainfit® Ltd. Brainfit® Ltd makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Brainfit® Ltd and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in products developed by Brainfit® Ltd. Brainfit® Ltd education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
Confidentiality
Brainfit® Ltd courses are copyrighted and original materials that have been provided to Client are for Client’s individual use only and is a single-user license. They may be used to conduct classes in the manner described in the training and may not be used to train other coaches. Neuroscience discoveries are evolving and, while endeavouring to update materials from time to time, Brainfit® Ltd assumes no responsibility for errors or omissions that may appear in any training materials.
Privacy
Brainfit® Academy and Brainfit® Ltd respect Clients’ privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared with you by Brainfit® Academy and Brainfit® Ltd is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.
Financial Obligation
Client is responsible for the completion of all payment plans associated with courses they purchase. We reserve the right to seek recovery of any monies remaining unpaid.
We accept Visa, Mastercard, and American Express as a form of payment (and internet banking for New Zealand clients). If Client chooses to pay by monthly instalments, he/she authorizes the monthly charge for the product on the Client`s credit card or debit card. All fees paid are inclusive of tax.
Refunds
Because of the nature of online courses, we DO NOT offer refunds on our training. We do, however, offer a 365-day conditional guarantee. To request consideration for this guarantee, clients are required to complete the course, attend the coaching calls (or watch the replays) and submit a detailed debrief relating to the strategies taught in the course.
All returns are discretionary because we want clients to engage with, and benefit from the videos, PDFs, slides, work sheets and other materials – not just download these as an opportunity to steal Intellectual Property belonging to the Directors of Brainfit® Ltd.
Substitutions
Each Module must be completed by one person only and this must be the person who has registered for the course. Substitutions are not permitted at any time during the course. If we discover that more than one person has completed the same course, you will not gain Accreditation Brainfit® Ltd.
Timeframes
You can complete the course at your own pace but to qualify for Accreditation you must have successfully completed all three sections, unless otherwise arranged with the Directors of Brainfit® Academy and Brainfit® Ltd.
Assessment and feedback
The three courses are self-assessed, online. The Directors are available by email, Zoom meetings and by phone and every opportunity is offered for feedback via the Private Facebook community and your comments are welcomed after each module you complete.
Accreditation
Accredited Brainfit® Coach training comprises three sections, Your Memory Matters: Know the Six Key Skills, Your Amazing Brain: What You Need to Know and the Business of Brainfit® Coaching.
During the final section, you will familiarise yourself with the digital files comprising the Manual for Brainfit® Coaches which outlines the complete Brainfit® for Life course you will be teaching to your classes. This step is essential and is invaluable in preparation for your new career.
As these courses lead to Accreditation by the Brainfit® Academy, it is important that you complete each module successfully.
Once your training is complete, you will receive your Brainfit® Coach certificate endorsed by the Founders Dr Allison Lamont & Gillian Eadie. This will be presented to you once so please keep it in a safe place.
Offering Brainfit® for Life Classes
You accept that you will need to spend sufficient time to familiarise yourself with the digital files and teaching manual. You will then be free to offer the course to classes as many times as you wish.
Accreditation does not permit you to train other Brainfit® Coaches.
Marketing and Promotion by Brainfit® Ltd.
An annual marketing and promotion fee of $250.00 is payable to Brainfit® Ltd if accredited coaches wish to have their profile and courses promoted on the official Brainfit® Ltd websites and monthly newsletters. This involvement is recommended but entirely voluntary.
Authorisation for Release
In relation to the above, you understand that your participation in training may be recorded in audio, video, still image or other form, and you hereby grant to Brainfit® Ltd and its representatives the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the participation without further compensation or consideration to you and without further authorization by you in connection with the development of a coaching library or the promotion of your classes and the business, products, and/or services of Brainfit® Ltd.
You also affirm that any statements or endorsement made by you in your participation are factually accurate and represent your honest opinions, findings, beliefs, and/or experiences. You hereby warrant that you are over eighteen years of age and competent to contract in your own name and that this release shall be binding on you, your legal representatives, your heirs, and your assigns.
Earnings Disclaimer
Success as a Brainfit® Coach will be the result of a combination of factors: the training you have received (based on Dr Lamont’s research and experience along with Gillian Eadie’s expertise in education), your hard work, your network and your determination to build a real and professional career which serves others with excellence and constancy. The Brainfit® Coach programme takes a lot of work and discipline just as with any worthwhile endeavour or professional continuing education programme. Please don’t enrol in our Brainfit® Coach course if you see it as a quick, money-making scheme. We cannot and do not make any guarantees about your ability to attract clients or earn any money with our ideas, information, tools or strategies. Your results in life are up to you. We are here to help you become the best possible Brainfit® Coach by giving you well-researched content, direction, and strategies. What we can guarantee is that we will deliver the Brainfit® Coach course as described in our materials.
Similarly, we do not offer any legal, medical, tax or other professional advice. Any business examples and financial numbers referenced are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. You should always use caution and consult your accountant, lawyer or professional advisor when making decisions regarding your business or finances. These are your responsibility and by enrolling in our course you agree not to attempt to hold us liable for your decisions, actions, or results, at any time, under any circumstance.
Trading and product names
Brainfit® Ltd and Brainfit® Academy's registered trading or product names may not be used by students in any way without consent. Reference to Dr Allison Lamont or Gillian Eadie may only be used by students to promote themselves after gaining accreditation as a Brainfit® Coach. At the time, you are welcome to say on marketing materials that they have successfully completed a Brainfit® Coach course at the Brainfit® Academy.
Independent Contractor Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor. In no event shall such persons be deemed employees of the other party by virtue of participation in this training.
Resolution of Disputes
Every effort will be made to resolve disputes by good-faith negotiation between the parties. All claims against Brainfit Ltd must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. If not resolved by good-faith negotiation, arbitration shall occur in accordance with New Zealand Arbitration Law. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
The above said and agreed, we are delighted to have you training with Brainfit® Ltd and look forward to your successful completion of the modules.
Last Updated: June 10, 2020
