GENERAL CONDITIONS APPLYING FOR ALL CONTRACTS BETWEEN

ALPHALEARNING INSTITUTE AG AND THIRD PARTIES.

1.         In these following definitions it is understood that the meanings are defined:

-           COMPANY:  Alphalearning Institute AG, with offices at World Trade Centre, 6982 Agno - Lugano, Switzerland.

-           CUSTOMER:  a party with whom the company enters into an agreement of sale, rent, lease or loan or any other agreement that entitles a third party towards the company to the use of Brainwave I; party that participates in any training by the company.               

-           BRAINWAVE I:  the equipment for computerised optical-acoustical electro-encephalographic brain training and its software, as well as parts of this equipment;

-           TRAINING:  a session or a series of sessions that is organised by the company and in which individuals can take part to undergo teaching in order to improve intellectual skills through the use of Brainwave I and Alphalearning techniques;

-            TRAINEE:  the individual participant in a training; 

2.         The customer may use Brainwave I only for his or her own benefits and pleasures.  If the customer allows other people to use Brainwave I, the customer will be liable for all consequences of that use and the customer will have to safeguard and hold harmless the company for all claims of the third party that might arise from this use. 

3.         Brainwave I is not designed for medical purposes.  If Brainwave I is used by a doctor, specialist or any other person for medical purposes the company shall not be liable for the results of that use. 

4.         The company only guarantees the technically correct functioning of Brainwave I, on the understanding that the liability of the company does not exceed the normal and unusual guarantees that are given by the manufacturer of the hardware. 

5.         If the company is made liable by the customer or by a third party that has been entitled by the customer to use the Brainwave I, the companies liability will in all circumstances be limited to the amount that is secured by the companies liability insurance company. 

6.         If the company has entered into an agreement of sale, rent or lease, the customer must pay the agreed amount to the company at latest on the agreed delivery date.  The company can postpone the delivery if payment has not taken place in time. 

7.         Brainwave I remains the property of the company until the customer has paid the total amount that is due.   

8.         For participation in training has to be paid the amount as mentioned on the inscription form.  This amount must be paid in advance as indicated by the company.  If the trainee participates only in parts of the training, the trainee will not be entitled to a refund of any part of the amount. 

9.         In the case of cancellations: Prior to 30 days before the scheduled course: Full refund. Within 30 days prior to the course the full fees are payable. The participant(s) may send another person in their place.

10.       The training is not for medical or paramedical treatment.  Participation in the training takes place for the trainee’s own account and risk.  If the trainee doubts about the medical consequences of his or her participation in training, the trainee should consult his/her own doctor. 

11.             The company will never be responsible for more than the amount that is covered by the companies liability insurance company. 

12.         Only Swiss law will apply in all agreements into  which the company enters with a customer or third party. In case any dispute might arise from an agreement, only the court or judge in the legal district of Ticino will be competent in the first instance and no other court can decide in such dispute.