This website (Site) is operated by myBrainCo. Pty Ltd ABN 75 624 316 070 (we, our or us). It is available at: www.mybrainco.com and may be available through other addresses or channels.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
- using our Site to defame, harass, threaten, menace or offend any person
- interfering with any user using our Site
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
- using our Site to send unsolicited email messages
- facilitating or assisting a third party to do any of the above acts
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms)
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Pricing: Prices on our site are listed in both Australian Dollars (AUD) and US Dollars (USD). All listed AUD prices are inclusive of the Australian Government’s Goods and Service Tax (GST), currently set at 10%, but subject to change. All listed USD prices are excluding GST. Any order to be delivered outside of Australia will have GST removed. Prices displayed on this website are current at the time of issue but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Products are sold for personal use only.
Transactions: As part of the myBrainCo.com services, you may purchase products – as along as you are 18 years of age, have a valid payment method of payment, and agree to authorize us to charge that method of payment for products, taxes, shipping, and related handling fees. All these fees are detailed in our shopping cart and ordering pages.
International Transactions: myBrainCo. products are manufactured in Australia and shipped worldwide from Australia. If you order our products from outside Australia, you agree to be named Importer of Record for any and all shipments from us. As an extension of this, you agree to comply with all laws and regulations regarding import/export in the country where you reside and where you will receive our shipments. It is your responsibility to know and understand your local laws and regulations before ordering and receiving a shipment of myBrainCo. products. If you agree to import myBrainCo. products, then you agree to pay for any fees, fines, legal expenses, or any other costs that may be associated with any potential violations of import/export or other laws and regulations of your country of residence and receipt. We reserve the right not to deliver goods to certain countries.
Subscription: In our absolute discretion, we may offer certain products to be ordered on a recurring basis, whereby you agree to purchase a number of products at a certain price. In this case, we will take the payment from your credit/debit card or your nominated PayPal account after every selected timeframe, and then dispatch the goods to you, until such time as we, or you, cancel or modify the subscription service. You can cancel or modify the renewal of your subscription at any time by managing your subscription options on your account or by contacting us by email at firstname.lastname@example.org. You will not receive a refund for the fees you already paid for your current subscription period and will continue to receive products ordered until the end of your current subscription period. If we do not receive the modify or cancel request within three business days prior to your next payment date, we reserve the right to dispatch the products in accordance with your original subscription request and take payment from your nominated credit/debit card or PayPal account, before implementing any changes. We may cancel your subscription at any stage, including without limitation, when we no longer sell the products, or we reasonably believe you have not complied with these Terms and Conditions, or we wish to change the price for those products within your subscription, or we attempt to take payment from your nominated financial institution and it refused in more than one occasion, or we notify you of a change to these Terms and Conditions and you notify us within a 14 day period that you do not accept the new Terms and Conditions. If there are any price changes in relation to the product(s) included in your subscription, we will notify you in advance via email. It is your responsibility to ensure your details are correct, including email, shipping delivery and payment details. We take no responsibility if goods are delivered to the wrong address or payment is not accepted, because you failed to update your details. As we will be informing you of any changes or updates to your subscription order via email, it is your responsibility to ensure that an active and valid email address is recorded in your myBrainCo. account at all times. Notwithstanding the above, we do not assume any responsibility for any delays on non-receipt of emails due to technical issues.
Satisfaction Guarantee: We offer a 45-day risk free money back guarantee. We know what has gone into developing our premium products and are confident that you will be satisfied with your purchase. If, however you are unhappy with your product, for any reason, we will gladly offer you a refund, minus any shipping costs. This guarantee only applies to your first order of any product or final order of a subscription and is limited to one unit per formulation. It does not apply to any subsequent additional product orders. If you purchase the complete Sharp Mind System, a part refund is not available on individual products. A return of the Sharp Mind System will constitute a return across all products should you choose to re-order individual products at a later date. There is a limit of one guarantee per product, per household. It is important to note that for best results, our products should be used in conjunction with a healthy lifestyle, including a healthy diet and regular exercise. Should you wish to return your product(s), you must use a courier service that requires a signature as we cannot refund for any items that are not received. To process a refund, please submit your request via our online form. Refunds will be processed upon receipt of the stock and managed within 72 hours. Please allow 5-10 business days for the funds to be cleared by your nominated bank. International returns may take longer depending on transit return.
Returns: Outside of our satisfaction guarantee, products can be returned or exchanged within 30 days of delivery only in the following circumstances:
- Damaged in transit
- Incorrectly shipped
- Faulty product
To process a refund, please submit your request via our online form. Refunds will be processed upon receipt of the stock and managed within 72 hours. Please allow 5-10 business days for the funds to be cleared by your nominated bank. International returns may take longer depending on transit return.
Shipping: We ship our products anywhere in the world. All order will be shipped within 24 business hours of being placed. Orders placed over a weekend will be shipped on Monday. All parcels are sent out by a tracked mail service. A confirmation email with your tracking number will be sent to you once the goods have been shipped. For your convenience, please ensure someone can receive your items at the shipping address you specify.
- Australian Orders:
- Flat rate AUD $8 for delivery within Australia.
- Orders over $80 are freight free – (order total excluding shipping costs).
- Allow 2-5 business days for delivery
Delivery times are based on times provided by the shipping companies. Occasionally parcels are delayed. Please allow extra time for your order to arrive and check your tracking number before contacting us.
- International Orders
- Flat rate $15 (USD) for standard delivery (outside of Australia)
- Higher rates apply for express delivery
- Allow 7-15 business days for delivery but can vary depending on your country.
International orders can sometimes be delayed or held up in customs. In rare cases customs delays can be up to 30 business days or more. Please allow extra time for your order to arrive, and if your order is delayed, check your tracking number and contact your local customs office before contacting us. We cannot be held liable for any shipping issues, delays or errors originating from within your country.
Customers are responsible for paying any international VAT, sales tax or customs duties. Delivery fees are subject to change without notice.
Risk of Loss: All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon delivery to the carrier.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
- access will be uninterrupted, error-free or free from viruses
- our Site will be secure
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or Products and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
myBrainCo. Pty Ltd ABN 75 624 316 070
Last update: 29 January 2019