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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.

Brody Enterprises Pty. Ltd. End User Licensing Agreement

Brody Enterprises Pty. Ltd., a company organised under the laws of Australia with principal offices at 50 Hunter St, Newcastle NSW 2300 (collectively, “we,” “us” or “Brody Enterprises” or “brodylee.com”) provides you access to the Brody Enterprises services (“Services”) including its applications and websites, available at the entry-point URL https://www.brodylee.com (the “Site”), and to the information, services and other materials available on and through the Site, (collectively with the Site, the “Online Courses”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Courses. You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use. If you are under 18 years of age, then do not use the Site or Online Courses.

 

Your Acceptance of These Terms of Use

By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with brodylee.com for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by Brody Enterprises). The term “User” refers to a Visitor or a Subscriber.

You are authorised to use the Site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.

BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH BRODY ENTERPRISES OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
 
WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. BRODY ENTERPRISES’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (I) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS AND (II) YOUR PRE-PAYMENT OF THE APPLICABLE COURSE FEES.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by Brody Enterprises on a Site.

 

User Communications

You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may , without limitation, email, in-app messages and in-website chat communications. In addition, Notices may be emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email.

 

User Accounts and User Registration

While any Visitor can view the Site, in order to use the Site and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses.

In setting up your User Account, you may be prompted to enter additional information, including but not limited to your name and email address. Additional information may be needed to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrolment in the Online Courses, to the extent applicable.

In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy.

By registering, you agree that you are registered for the course only once and will not share your login information with any other person regardless of affiliation.

If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund you will abide by these Terms of Use.

Brody Enterprises and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses.

 

User Conduct Policy

As a condition of accessing the Site and/or using the Online Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Courses other than as expressly allowed under these Terms of Use; (b) use Brody Enterprises’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or (g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any ments, procedures, policies or regulations of networks connected to the Online Courses.

In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorised Content”): that is obscene, fraudulent, indecent, or libellous or that defames, abuses, harasses, discriminates against or threatens others; that is trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; that interferes with a User’s business or services; that takes any action that may undermine online reviews or feedback; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other Users of the Site; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

 

Intellectual Property Rights

The Services are owned and operated by Brody Enterprises and its licensors. Brody Enterprises reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that Brody Enterprises shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Brody Enterprises to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use.

All content or other material available on the Site or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Brody Enterprises and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

Brody Enterprises logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Brody Enterprises and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Brody Enterprises.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, resell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, Brody Enterprises may software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Brody Enterprises and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

 

License to Use the Site and Online Courses

Subject to your compliance with these Terms of Use, Brody Enterprises hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sub-licensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download and utilise the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.

 

User Content

The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”).

Brody Enterprises does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Online Courses. Accordingly, subject to the license granted to Brody Enterprises below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Brody Enterprises, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Brody Enterprises’s Content or Services which you may propose or make or which User and Constulting.com may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights as Brody Enterprises, its affiliates, and it’s and their customers and business partners.

With respect to any User Content you submit to Brody Enterprises (including for inclusion on the Site or Online Courses) or that is otherwise made available to Brody Enterprises, you hereby grant Brody Enterprises an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Brody Enterprises above shall be exclusive. Brody Enterprises reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Brody Enterprises to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Brody Enterprises, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

Use of Communication Tools and Related Services

The Online Courses may provide you with the ability to post messages to User forums or User review pages, enter chat rooms or send similar messages and communications to third party service providers, other Users and/or Brody Enterprises. You agree to use communication tools available on the Online Courses only to send communications and materials related to the subject matter for which Brody Enterprises provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications tools available on the Online Courses, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Brody Enterprises in any manner (unless expressly stated otherwise by Brody Enterprises) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Brody Enterprises in any manner, though Brody Enterprises reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication tools, Brody Enterprises may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

 

Payment Terms

To purchase any services or products offered by Brody Enterprises through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Brody Enterprises’s third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Brody Enterprises Site as they become due, whether on a one-time or subscription basis.

Our refund policy is as follows: Customers are entitled to a full refund if they complete all action items from weeks 1, and 2 in the training program and send the complete worksheets to refunds@brodylee.com. Worksheets must be completed within 14 calendar days from date of purchase. If customers do not complete the worksheets and upload them or send them to refunds@brodylee.com within 14 calendar days from date of purchase they are not entitled to a refund. Customers must also send back all physical products to our shipping distributor at their cost of postage, and email proof to refunds@brodylee.com within 14 calendar days from date of purchase. If customers do not return the physical products they are not entitled to a refund. If customers ask after 14 calendar days they are not entitled to a refund.

 

Services Availability

You acknowledge and agree that Brody Enterprises’ services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that Brody Enterprises, at its sole discretion, may limit, suspend, or terminate your use of all Brody Enterprises-provided services related to Brody Enterprises’ services and may modify or discontinue all services related to its programs at its sole discretion.

 

Warranty

You expressly acknowledge and agree that your use of the Site, the Online Courses and all Content and services available on the Site is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT.


WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR MENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.

 

Limitation of Liability and Consequential Damages Waiver

ALL LIABILITY OF BRODY ENTERPRISES, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO BRODY ENTERPRISES FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN EUROS (€10). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).

IN NO EVENT SHALL BRODY ENTERPRISES, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.

 

No Class Actions

You agree that you will only be permitted to bring claims against Brody Enterprises on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

 

Linking to Other Sites

The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Brody Enterprises does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.

 

Indemnity

You agree to indemnify, defend and hold harmless Brody Enterprises, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Courses in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.

 

Termination of Rights

You agree that Brody Enterprises, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Courses for any reason or no reason, including, without limitation, if Brody Enterprises believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorised Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Site or Online Courses may be effected without prior notice to you and that Brody Enterprises shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that Brody Enterprises may retain and store your information on Brody Enterprises' systems notwithstanding any termination of your account or the Online Courses.

 

Data Protection Addendum

This Data Protection Addendum, henceforth referred to as the “Addendum”, is entered into by and between Brody Enterprises Pty. Ltd., henceforth referred to as “Brody Enterprises” or “brodylee.com”, and the customer agreeing to this Addendum, henceforth referred to as the “Customer”.

This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.

If you are accepting this Addendum on behalf of Customer/Affiliate, you represent and warrant that:

  • You have read and understood this Addendum
  • You have full legal authority to bind yourself, or the applicable entity, to these Terms
  • You agree, on behalf of the party you represent, to this Addendum.

If you do not have the legal authority to bind Customer, please do not “Sign/Accept/Opt IN”.

1. Intro:
This Addendum sets out terms that will apply to Brody Enterprises processing of Customer’s Personal Data under the Privacy Policy Agreement executed by Brody Enterprises and Customer.

2. Definitions:
Terms Defined by the General Data Protection Regulation (GDPR):

  • “Addendum Effective Date” is defined as the date on which Customer clicked to accept or opt-in to this Addendum.
  • “Personal Data” is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
  • “Processing” is defined by the applicable EU Data Protection Law and “process”, “processes” and “processed” will be interpreted accordingly.
  • “Data Controller” is defined as the party that determines the purposes and means of the Processing of Personal Data.
  • “Data Processor” is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.
  • “Data Transfer Mechanism” is defined as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.
  • “Data Protection Laws” are defined with respect to a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party, including, where applicable, EU Data Protection Law.
  • “Data Protection Authority” is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.
  • “EEA” means the European Economic Area, United Kingdom, and Switzerland.
  • “EU Data Protection Law” means Prior to 25th May 2018, European Union Directive 95/46/EC; and on and after 25th May 2018, European Union Regulation 2016/679 (“GDPR”)
  • References to “written instructions” and related terms mean Data Controller’s
    instructions for Processing of Customer Data, which consist of
  • The terms of the Agreement and this Addendum,
  • Processing enabled by Data Controller through the Service, and
  • Other reasonable written instructions of Data Controller consistent with the terms of the Agreement.
  • “Model Contracts” are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU in the form made accessible in the Brody Enterprises Workspace.
  • “Security Incident” is defined as any unauthorised or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data in Data Processor’s control.
  • “Sub-processor” is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data pursuant to the Agreement or this Addendum.
  • “Third Party” shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Sub-processors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorised to Process the data.

Other capitalized terms not defined herein have the meanings given in the Agreement.

  • “Adequate Country” is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.
  • “Data Subject” is defined as the identified or identifiable person who is the subject of Personal Data.

Terms Defined by Brody Enterprises with Respect to GDPR:

  • “Data Subjects” are defined to include the individuals about whom data is provided to Brody Enterprises via the Services by (or at the direction of) the Customer.
  • “Details of Processing Subject Matter” is defined as the subject matter of the data processing under this Addendum is the Customer Data.
  • “Duration of the Processing” is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until deletion of all Customer Data by Brody Enterprises in accordance with the terms of the Addendum.
  • “Nature and Purpose of the Processing” is defined as the purpose of the Processing under this Addendum is the provision of the Service to Customer and the performance of Brody Enterprises' obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.
  • “Categories of Data” is defined as data relating to individuals provided to Brody Enterprises when Customers sign up, login, use the product, interact with the website, and interact with the ads.
  • “Security Measures” are defined as the measures that Brody Enterprises agrees to use. They are commercially reasonable technical and organizational measures designed to prevent unauthorised access, use, alteration, or disclosure of the Service or Customer Data.

3. Termination

  • This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the Processing of Customer’s Personal Data. 
  • All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability set forth in the Agreement. 
  • This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws. 
  • This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.

4. Scope and Applicability of this Addendum: 

  • This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU. 
  • This Addendum applies where and to the extent that Brody Enterprises processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement. 
  • This Addendum applies where and to the extent that Brody Enterprises processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.

5. Role and Scope of the Processing

  • Customer will act as the Data Controller and Brody Enterprises will act as the Data Processor under this Addendum. Both Customer and Brody Enterprises shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as set forth in this Addendum. 
  • Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorised by Customer in writing or as instructed by Customer, Brody Enterprises shall have no right directly or indirectly to sell, rent, lease, combine, display, perform, modify, transfer, or disclose the Customer Data or any derivative work thereof. Brody Enterprises shall act only in accordance with Customer's instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws. 
  • Additional instructions not consistent with the scope of the Agreement require prior written agreement of the parties, including agreement on any additional fees payable by Customer. 
  • Notwithstanding the above, Customer acknowledges that Brody Enterprises shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4. 
  • Brody Enterprises shall not disclose the Customer Data to any Third Party in any circumstances other than in compliance with Customer’s instructions or in compliance with a legal obligation to disclose. Brody Enterprises shall inform Customer in writing prior to making any such legally required disclosure, to the extent permitted by Data Protection Laws. 
  • For clarity, nothing in this Addendum limits Brody Enterprises from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.

6. Subprocessing: 

  • Brody Enterprises' obligations under this Addendum shall apply to Brody Enterprises' employees, agents and Sub-processors who may have access to the Personal Data.
  • Customer agrees that Brody Enterprises is authorised to use Sub-processors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that Brody Enterprises: 
  • Enters into a written agreement with any Sub-processor, imposing data protection obligations substantially similar to this Addendum; and 
  • Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Sub-processor that cause Brody Enterprises to breach any of its obligations under this Addendum. 
  • Information about Sub-processors, including their functions and locations, is available on request and may be updated by Brody Enterprises from time to time in accordance with this Addendum.

7. Security: 

  • Brody Enterprises shall implement and maintain appropriate technical and organisational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with Brody Enterprises' security standards. 
  • Customer is responsible for reviewing the information made available by Brody Enterprises relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that Brody Enterprises may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer. 
  • Brody Enterprises shall ensure that any person who is authorised by Customer to process Personal Data (including its staff, agents and Sub-processors) shall be under an appropriate contractual or statutory obligation of confidentiality.

8. Onward Transfer: 

  • Brody Enterprises may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where Brody Enterprises, its affiliates or Sub-processors maintain data processing operations. 
  • To the extent that Brody Enterprises processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts. 
  • The parties agree that Brody Enterprises is the “data importer” and Customer is the “data exporter” under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
  • The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that Brody Enterprises adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred). 
  • Notwithstanding the foregoing, the Customer understands that Brody Enterprises may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.

9. Regulatory Compliance:

  • At Customer’s request and expense, Brody Enterprises shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities. 
  • Brody Enterprises shall (at Customer's expense) reasonably assist Customer to respond to requests from individuals in relation to their rights of data access, rectification, erasure, restriction, portability and objection. In the event that any such request is made directly to Brody Enterprises, Brody Enterprises shall not respond to such communication directly without Customer's prior authorisation unless required by Data Protection Laws.

10. Reviews of Data Processing:

  • At Customer’s request, Brody Enterprises shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm Brody Enterprises' compliance with this Addendum. 
  • Brody Enterprises will provide such information within thirty (30) days of Customer’s written request, unless shorter notice is required by Customer’s regulatory authorities. 
  • Except as expressly required by Data Protection Laws, any review under this Section 10 will: 
  • Be conducted no more often than once per year during Brody Enterprises' normal business hours, in a manner so as not to interfere with standard business operations; 
  • Be subject to Brody Enterprises' reasonable confidentiality and security constraints; 
  • Be conducted at Customer’s expense; and 
  • Not extend to any information, systems or facilities of Brody Enterprises' other customers or its Third Party infrastructure providers. 
  • Any information provided by Brody Enterprises under this Section 10 constitutes Brody Enterprises' Confidential Information under the Agreement.

11. Return or deletion of data:

  • Brody Enterprises shall, within ninety (90) days after request by Customer at the termination or expiration of the Agreement, delete or return, at Customer's choice, all of the Personal Data from Brody Enterprises' systems. Within a reasonable period following deletion, at Customer’s request, Brody Enterprises will provide written confirmation that Brody Enterprises' obligations of data deletion or destruction have been fulfilled. 
  • Notwithstanding the foregoing, the Customer understands that Brody Enterprises may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.

Additional Security:

  • Upon becoming aware of a confirmed Security Incident, Brody Enterprises shall notify the Customer without undue delay, in accordance with the Security Measures. 
  • Notwithstanding the foregoing, Brody Enterprises is not required to make such notice to the extent prohibited by Data Protection Laws, and Brody Enterprises may delay such notice as requested by law enforcement and/or in light of Brody Enterprises' legitimate needs to investigate or remediate the matter before providing notice. 
  • Each notice of a Security Incident will include:
  • The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
  • A description of what happened, including the date of the Security Incident and the date of discovery of the Security Incident, if known;
  • The scope of the Security Incident, to the extent known; and
  • A description of Brody Enterprises' response to the Security Incident, including steps Brody Enterprises has taken to mitigate the harm caused by the Security Incident. 
  • Brody Enterprises shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorised access or disclosure.

13. Changes to Sub-processors:

  • When any new Sub-processor is engaged, Brody Enterprises will, at least a week before the new Sub-processor processes any Customer Data, inform Customer of the engagement by sending an email or via the in-app notification.

14. Further cooperation:

  • Where and when required by Data Protection Laws, Brody Enterprises will provide the relevant Data Protection Authorities with information related to Brody Enterprises' Processing of Personal Data. Brody Enterprises further agrees that it will maintain such required registrations and where necessary renew them during the term of this Addendum. Any changes to Brody Enterprises' status in this respect shall be notified to Customer immediately either via email or in-app notifications.
  • To the extent Brody Enterprises is required under Data Protection Laws, Brody Enterprises shall (at Customer's expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.

Dispute Procedure and Claims of Copyright Infringement 

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Brody Enterprises' Copyright Agent with the following information:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest; 
  • a description of the product, work or other intellectual property that you claim has been misrepresented or infringed; 
  • a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses; your address, telephone number, and email address; 
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner’s behalf. 
  • Brody Enterprises' Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
  • Copyright Agent: Brody Enterprises Pty. Ltd. Email: support@brodylee.com

Miscellaneous Provisions 

  • Brody Enterprises may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Brody Enterprises.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the country of Australia, as it is applied to agreements entered into and to be performed entirely within Australia and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Brody Enterprises, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Courses, shall be subject only to the jurisdiction of the courts located in Country of Australia. Brody Enterprises makes no representations that the Site operate (or are legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. Brody Enterprises shall have no liability under these Terms of Use to the extent arising from any failure of Brody Enterprises to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event beyond Brody Enterprises' reasonable control. Brody Enterprises shall not be responsible for damage or other problems caused by any unauthorised change to these Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of Brody Enterprises to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and Brody Enterprises relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Brody Enterprises or through a specific writing between you and Brody Enterprises.

Any notice which may be d to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:
Brody Enterprises Pty. Ltd, Newcastle, Australia. Email: support@brodylee.com

The section titles herein are displayed for convenience only and have no legal effect.

These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: March 19, 2020