Welcome to the www.navon.com.au (the "Website") which is owned and operated by Navon Holdings Pty Ltd atf Brain Gym Unit Trust ("Navon", "We", "Us" or "Our"). Here you will find brain fitness programs, scientifically designed to help strengthen brain function and reduce cognitive loss. CogniFit's software uses personalized exercises and feedback to help users stay sharp, so they can maintain a healthy and satisfying quality of life.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS", OR THE "TERMS OF USE"). BY USING THE WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ANY AND ALL OF THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITES.

The Services
The Websites offer you information about brain fitness products (the "Products"), and an opportunity to personally experience the use of the products through online demonstrations.

You may purchase a copy of "CogniFit Personal Coach" and "Personal Coach Back on Track" software, in a CD or online downloadable versions, to be installed on your personal computer.

You may use the Products for your personal use only, subject to the terms of the Product's end user license agreement ("License Agreement") and provided that you have paid Navon the license fees in full.

Certain services, such as the availability of personal reports with respect to activities and achievements when using the Products online, may be available to registered users only.

The Website further includes general and specific scientific information of brain fitness and cognitive abilities; however, such information is not attributed to a certain user and will never knowingly or deliberately identify any user.
Navon offers additional services through the Website, including a regularly published newsletter, and may offer further online services, whether for free or subject to payment (collectively, the "Services").

Acceptable use of the Services
Subject to the Terms of Use, you may access and use the Websites.

When using the Website, you agree to: (i) abide by all applicable local and international laws, regulations and rules; (ii) take full account for all acts or omissions associated with your access and use of the Website and the access and use of Website by anyone on your behalf; (iii) comply with any instructions and technical specifications provided by Navon, to enable the proper functionality of the Website, including by not altering or modifying any computer code provided to you; (iv) communicate your requests, queries and other submissions with respect to your use of the Websites, only to Navon; (v) refrain from interfering with, circumventing, manipulating, or disrupting the operation, or the functionality of the Websites; and (vi) avoid transferring your account details to any other person without Navon’s explicit prior written consent.

When using the Website, You agree to refrain from willfully, or carelessly –

•    breaching these Terms or the License Agreement, or any other applicable rules and instructions that Navon may convey with respect to the use of the Website and the Services;
•    interfering with or disrupting the functionality of the Website;
•    circumventing or manipulating the operation or functionality of the Website and any Service offered through the Website;
•    sending automated or machine-generated search queries;
•    uploading false, inaccurate, or misleading content;
•    uploading content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services offered thorough the Website;
•    using robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with the Website or with other Navon services, or in such ways that may impair or disrupt the Website functionality;
•    displaying the Website or any part of them in an exposed or concealed frame, or linking, including in-line linking, to elements on Website, such as images, videos and players, independently from the web pages of the Website on which they originally appear;
•    impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
•    collecting or processing personal information of the Website users without their explicit consent;
•    uploading commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only.

Registration and user account
The Website serves all Internet users. However, certain services may be available to registered users only.

If you wish to purchase a Product via the Website, you must first open a personal account. The registration is free of charge and it will enable you to receive news, discounts and scientific information to your e-mail box and watch your personal test results and assessments, provided you have used the downloaded version online.

While Navon’s Products are available for use by everyone, Navon sells Products only to adults. By registering or purchasing Products, you represent and warrant that you are 18 years of age or older.

Navon may opt to charge registration fees in the future. Registration fees will be required only following the posting of prior notice on the Websites, but Navon is under no obligation to notify you in person of any change in the registration policy. If you do not consent to the terms in the notice, or fail to settle your registration fees to Navon's satisfaction, then your account on the Websites will be terminated.

When you register with the Websites, you will be asked to provide certain contact and personal details. Bear in mind that false, incorrect, or out-dated information may prevent you from registering and impair the ability to provide you with the Services on the Website and to contact you. Navon will explicitly indicate the fields for mandatory completion.

If you do not enter the requisite data in these fields, you will not be able to register with the Websites.

To log in, you must use your personal code (such as: email address and password). Alternatively, Navon may provide you with a password for accessing your account and may from time to time establish and require additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain Services on the Website.

You agree to maintain your access code in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months.

You are fully accountable for any outcome that may result from your failure to provide complete details in the course of the registration process, from your failure to keep your account details in confidence, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.

You may terminate your account at any time, by sending a request for termination. Navon may require you to verify your termination notice by sending an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account.

Your account on the Websites will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account.

Notwithstanding any remedies that may be available under any applicable law, Navon  may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Website and take technical and legal steps to keep you off the Website, if Navon believes that

•    you have abused your rights to use the Website; or
•    you have breached the Terms or the License Agreement; or
•    you deliberately submitted false information; or,
•    you have performed any act or omission that violates any applicable law, rules, or regulations; or,
•    you have performed any act or omission which is harmful or likely to be harmful to Navon, or any other third party, including other users and suppliers of Navon; or,
•    you made use of the Website to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
•    you conveyed your account access code to another person; or,
•    you are in debt to Navon or to another person with respect to any transactions made on or through the use of the Website.

Fees and Payments
In order to purchase the Products on line, you will be required to pay applicable fees on the Website ("fee-based services"). The rates and payment terms will be posted on the relevant web pages on the Website. We may, at any time and in our sole discretion, convert a free–of-charge service to a fee-based service, and alter any of the aforementioned rates and payment terms. All fees are quoted in Australian Dollars, unless expressly stated otherwise. Any changes in Navon’s fee schedule will take effect immediately after being posted on the Website.

You represent and warrant that you will pay all fees in a timely manner and in compliance with the Navon fee schedule. Failing to settle your payments will prevent you from further using the product, notwithstanding any other remedies available to Navon under the applicable law.

Monthly Direct Debit subscriptions – CogniFit Personal Coach
CogniFit Personal Coach monthly direct debits apply with a minimum contract period of 12 months. The fee for the first month is $79.95, followed by 11 Monthly payments of $14.95, paid in advance. Minimum spend over 12 months: $244.40. Early Exit Fee applies if not connected for 12 months. Early Exit Fee is $11.95 x months remaining on contract. CogniFit Personal Coach is a web-based program that is subject to local and overseas broadband network availability. Broadband delivery is subject to network limitations and availability, high-speed Broadband availability in selected metro areas of capital cities and some larger regional centres and is subject to network limitations and availability. Slower broadband speeds may be experienced in regional areas. Individual customer experience may vary – many factors affect access and speed. Navon is not to be held responsible for local and overseas broadband network speeds or failures.

Monthly Direct Debit subscriptions – CogniFit Senior Driver
CogniFit Senior Driver monthly direct debits apply with a minimum contract period of 12 months. The fee for the first month is $49.95, followed by 11 Monthly payments of $14.45, paid in advance. Minimum spend over 12 months: $238.90. Early Exit Fee applies if not connected for 12 months. Early Exit Fee is $11.55 x months remaining on contract. CogniFit Senior Driver is a web-based program that is subject to local and overseas broadband network availability. Broadband delivery is subject to network limitations and availability, high-speed Broadband availability in selected metro areas of capital cities and some larger regional centres and is subject to network limitations and availability. Slower broadband speeds may be experienced in regional areas. Individual customer experience may vary – many factors affect access and speed. Navon is not to be held responsible for local and overseas broadband network speeds or failures.

Monthly Direct Debit subscriptions – Navon Mind Smart
Navon Mind Smart monthly direct debits apply with a minimum contract period of 12 months. The fee for the first month is $24.95, followed by 11 Monthly payments of $9.99, paid in advance. Minimum spend over 12 months: $134.84. Early Exit Fee applies if not connected for 12 months. Early Exit Fee is $7.99 x months remaining on contract. Navon Mind Smart is a web-based program that is subject to local and overseas broadband network availability. Broadband delivery is subject to network limitations and availability, high-speed Broadband availability in selected metro areas of capital cities and some larger regional centres and is subject to network limitations and availability. Slower broadband speeds may be experienced in regional areas. Individual customer experience may vary – many factors affect access and speed. Navon is not to be held responsible for local and overseas broadband network speeds or failures.

Links to other sites
The Website may include links to content on other web sites and online services. Navon does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, Navon does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. Navon assumes no responsibility or liability for such third-party websites or services, or for their availability.

The Websites may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking the advertisements you may be transferred to a website of an advertiser or receive other messages, information or offers from the advertiser and from others. CogniFit is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.

Privacy
Navon respects your privacy. The Website' Privacy Policy is available here. It explains the accepted privacy practices on the Websites and is incorporated by reference to the Terms. The terms of the Privacy Policy may change from time to time and therefore it is recommended that you read it periodically. Please contact Navon for more information.

Intellectual property
All rights, title and interest in and to the Website and to any content thereof, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Navon.

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means, other than expressly permitted in the Terms.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any Navon trademarks, service marks and logos.

You must avoid any action or omission which may dilute, or tarnish the goodwill of Navon.

You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.

Changes in the Website
Navon may from time to time change the Website layout, design or display, as well as the scope and availability of the content and services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that Navon does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

Site and service availability
The availability and functionality of the Website depend on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault free, and Navon does not warrant otherwise.

Termination of operation
Navon may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. navon may not give any notice prior to the termination of the Websites. At any time, content or a Service on the Websites, may be blocked, removed or deleted without maintaining any backup copy.

You agree and acknowledge that Navon does not assume any responsibility with respect to, or in connection with the termination of the Websites' operations and loss of any data as a result.

Amendments to the Terms
Navon may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after an initial notification was posted on the Website homepage or any other relevant web pages on the Website. Other changes will take effect 7 days after their initial posting on the Websites, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required.

Your continued use of the Website after the changes to the Terms have taken effect constitutes your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must avoid any further use of the Websites.

DISCLAIMER OF WARRANTY

NAVON  DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT BY THE PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE MATERIALS.

THE WEBSITE IS PROVIDED FOR USE WITH ALL FAULTS, "AS IS" AND "AS AVAILABLE". NAVON DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. NAVON DOES NOT WARRANT THAT THE WEBSITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITES WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR, OR THAT THE WEBSITE WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

NAVON, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER "NAVON'S GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT AND STRICT LIABILITY, THAT RESULT FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY NAVON'S GROUP'S STAFF, OR FROM YOUR RELIANCE ON UPLOADED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH NAVON'S GROUP, OR WITH OTHER USERS ON OR THROUGH THE WEBSITE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE WEBSITE, REGARDLESS OF WHETHER NAVON'S GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE AND SUBJECT TO NAVON'S SOLE DISCRETION.

No medical advice
The contents of our Site, including any risk estimates or other reports generated by the Offerings (collectively, "Your Report") and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks and references (collectively, "Content"), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of Your Report or any other Content. Furthermore, you should not interpret Your Report or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.

PLEASE CALL YOUR DOCTOR OR 000 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.

Indemnification
You agree to indemnify, defend and hold harmless, Navon's group, at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, the content that you made available on the Website, any communications that you conveyed through the Website, or your breach of the Terms, or any other terms, rules or regulations applicable to the use of the Website.

Governing Law, Jurisdiction
These Terms and Conditions are governed by the laws of Victoria, Australia.

The parties irrevocably agree that the courts of Australia shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms and Conditions.

If any part of these Terms and Conditions is found to be invalid or unenforceable, it shall be severed without affect the remainder.

You agree to resolve any dispute or claim that you may have against Navon and to submit to personal jurisdiction in the state and federal courts in the city of Melbourne, Victoria.

Notices
Navon may contact you and send you notice via e-mail, regular mail, Short Message Services ('SMS'), fax messages and postings on the Website. You may contact Navon’s customer relations, by using the 'contact us' form on the Websites, or by using the contact details hereunder. Navon reserves the right to publish in public – including on the Websites - any communications with you, as long as your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.

Navon's contact details:
Navon Holdings Pty Ltd. Suite 7, 237 Dandenong Rd, Windsor, VIC 3181,
International: +61 3 9510 9797
Email: info@navon.com.au 

General
The Terms of Use constitute the entire agreement between you and Navon with respect to the use of the Website and the Services thereof, unless you are abided by the License Agreement, in which case both, The License Agreement will take precedence over the Terms of Use.

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Navon, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Navon's authorized representative.

The Terms of Use will take precedence over all documents, forms and policies incorporated thereto, which may conflict with the Terms of Use, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the Terms of Use.

Failure on Navon 's part to demand performance of any provision in the Terms will not constitute a waiver of any of CogniFit's rights under the Terms.

The United Nations Convention on Contracts for the international Sale of Goods will not govern the Terms.

Changes in Ownership
Navon may incorporate the ownership or management of the Websites as a separate corporation, or transfer ownership rights and title in the Websites, to a third party, provided that your rights according to the Terms are not harmed by the transfer of rights. In that case, a copy of the details and information pertaining to you will be transferred to the corporation receiving the rights in the Websites and you hereby give your prior consent thereto.

No Assignment
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Navon 's prior explicit consent in writing.

Interpretation
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms. "including", whether capitalized or not, means without limitation.

Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.

Survival
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
Last update: 12 November 2009