Terms of service

If you have any questions relating to our terms of use, or wish to confirm or make changes to information about you, please contact us using the contact information on this page

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 at our sole discretion.

Consent: By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

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 We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.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 individual’s 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.

Social Media: We use several Social Media sites. By accessing, viewing and/or posting any content to any myBrainCo. Social Media sites, you accept the complete terms of use for those sites. You agree that you are over the age of 18 and will not: violate any local, state, federal and international laws and regulations, transmit any material that is objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, ”junk mail,” ”spam,” ”chain letters,” ”pyramid schemes” or any other form of solicitation. We are not responsible for content therein and reserves the right to monitor, prohibit, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.

Pricing: Prices on our site are listed in Australian Dollars (AUD). All listed AUD prices are inclusive of the Australian Government’s Goods and Service Tax (GST), currently set at 10%, but subject to change. Any order to be delivered outside of Australia will not include GST. 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. For any price variations, we will provide notice by email no less than 30 days before the changes take effect. After such time, price changes will apply to any existing Subscription. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may pause or cancel a Subscription in accordance with our terms and conditions.

Transactions: As part of the myBrainCo.com services, you may purchase products – as along as you are 18 years of age, have a valid method of payment, and agree to authorise 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 of Australia or the United States, 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: If you select a monthly subscription, you consent to receive goods/services from us on an ongoing basis (your Subscription) in accordance with these terms. Your Subscription will renew every 30 days (Order Cycle) from the date of your initial order unless paused or cancelled by you or us as set out in these terms and conditions. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and your account dashboard of our Site. The cut-off time is 11.59 PM on the 26th day of your current Order Cycle. After the cut-off time, no further adjustments can be made to your order until the new Order Cycle has commenced (cut-off period). Unless paused or cancelled before the cut-off time, this will constitute an authorisation by you to debit your nominated payment method for the upcoming Order Cycle. We have no obligation to cancel and/or refund any order after the cut-off time. It is your responsibility to maintain your account information. Changes to address details and/or delivery instructions must be communicated via the methods and cut-off time outlined in these Terms and Conditions. We are not responsible for any undelivered orders due to an incorrect shipping address.

You will not be charged a cancellation fee if you cancel or pause your Subscription. Any cancellation will take effect at the end of the current Order Cycle, and no further payment will be processed. You can resume your Subscription at any time via your account dashboard. We reserve the right to limit the quantities of any goods/services we offer. All descriptions of goods are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any goods at any time. Any offer or discount for any goods/services we make shall automatically be voided where prohibited by laws or any appropriate authorities. We reserve the right to terminate your Subscription and restrict re-subscription at any time and without giving any reasons for our decision. If we terminate your Subscription, this will take effect at the end of the current Order Cycle without liability to you or any third party. Any request for refund/returns will be handled in accordance with these terms and conditions.

Gift Cards: myBrainCo branded gift cards (“Gift Cards”) entitle the holder to goods/services equal to the value stated on the Gift Card. Gift Cards can only be purchased and redeemed online via our website. Gift Cards are partially redeemable and any unused balance will remain on the Gift Card. Gift Cards will not expire and can be redeemed at any time. If the Gift Card holder's order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay for the difference in price between the value of the Gift Card and the price of the goods/services. Gift Cards are intended for retail purposes only and cannot be redeemed for wholesale goods/services. Gift Cards can only be redeemed for goods/services and cannot be redeemed for cash. Gift Cards cannot be exchanged (wholly or partly) for cash and cannot be refunded or returned unless required by law. Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card or cancel the redemption of the Gift Card. We are not liable for any lost/stolen Gift Cards. Please contact us immediately if you suspect your Gift Card has been lost/stolen. Lost/stolen Gift Cards may be replaced at our discretion if satisfactory proof of purchase is provided and the Gift Card has not been redeemed.

45-Day Money-Back Guarantee: If you are unhappy with your product after 30 days of use, for any reason, we will gladly offer you a refund minus any shipping costs. This guarantee only applies to the first-time purchase of any product. Where a first-time purchase includes multiple units of the same product, the guarantee will only apply to the additional items if returned to us unopened at your own expense. There is a limit of one guarantee per formula per household. This guarantee will not apply to any subsequent one-time purchases or subscription orders of the same formula. Where a product has been purchased on a monthly subscription, this guarantee will no longer apply once the second month’s supply has been charged. This guarantee excludes Gift Cards, products purchased from third party retailers or wholesale purchases.

If you purchase a bundle or the complete Sharp Mind System, a refund is available in full or pro rata for any individual products. A return of any product contained within a bundle or the complete Sharp Mind System will constitute a return of that individual product should you re-order the same products in the future.

To process a refund, here’s exactly what you need to do:

• Use the product for 30 days from the date you initially purchased the product(s). During this time, our friendly clinical support team are readily available to provide individual advice on how to use your product(s) to achieve the best outcome.
• If after a period of 30 days you wish to proceed with a refund, please contact us.
• Once we receive your request, if you have not yet spoken with our clinical support team already, one of our friendly Naturopath's will be in touch to discuss your circumstances to see if we can provide beneficial clinical support.
• If this is not successful, or you do not wish to speak with our clinical support team, we will confirm your return and provide an address to send any additional purchased ‘unopened’ items (if applicable). 
• If your request is for a single eligible product, then your refund will be processed, and an email notification sent.
• If your request is for multiple units of an eligible purchase, then you will need to return all ‘unopened’ items to the address supplied, along with a printout of your original order confirmation or note containing your name, email address and order number for identification purposes.
• If returning stock, it is your obligation to pay the return postage, and we highly recommend you opt for tracking for delivery verification purposes, as we will not be held accountable for items not received.
• Once we receive the items, please allow 5 business days for our staff to process the return and issue a refund.
• All refunds are processed via the same payment method used to make the purchase.
• Depending on the original payment method, refunds can take up to 5 business days to appear on your statement.

Please note:

• Only unopened items from bulk orders that are approved for restocking will be eligible for a refund, so please make sure they are suitably protected in transit.
• We must receive your refund request within 45 days of the original purchase date.
• The returned items must be received within 14 days from the date of return approval.
• All refunds are processed excluding any shipping costs.
• Marked sale items are not eligible for the money-back guarantee.
• For the Sharp Mind System box or Bundles, the value of any item refund will be calculated on a pro-rata basis.
• This guarantee is not applicable to wholesale purchases or purchases via a third-party retailer
• Money-back guarantee claims will only be valid on the first purchase of any item. Repeat orders will not be refundable under this policy.

These guidelines were created to keep you satisfied and to provide you with greater protection than you will likely find in a shopfront setting. However, these guidelines also ensure we can continue to provide a quality product to other happy customers for years to come. Returning myBrainCo products without complying with our policy will unfortunately deem your transaction non-refundable.

Returns: Outside of our money back 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

Despite the above, this policy does not alter or preclude in any way the rights you may have as a consumer under the Australian Consumer Laws.

To process a refund, please contact us. 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 orders will be shipped within 24 business hours of being placed.  Orders placed over a weekend or public holiday will be shipped on the next business day. 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.  We are not responsible for any undelivered order resulting from an incorrectly recorded shipping address. For your convenience, please check delivery information prior to submitting your order and ensure someone can receive your items at the shipping address you specify.

• Australian Orders:
• Flat rate AUD $9.90 for delivery within Australia.
• Orders over $99 are freight free – (order total excluding shipping costs).
• Higher rates apply for express delivery
• Allow 2-5 business days for most metro areas.

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. For the latest updates from Australia Post on possible service delays please visit:  https://auspost.com.au/service-updates

• New Zealand Orders
• Flat rate AUD $15 for express delivery.
• Orders over $99 are freight free – (order total excluding shipping costs).
• Allow 7-10 business days for delivery but can vary depending on your country.

• International Orders (Rest of the World)
• Flat rate AUD $25 for express delivery
• Orders over $299 are freight free – (order total excluding shipping costs).
• Allow 8-21 business days for delivery but can vary depending on your country.

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

Email: info@mybrainco.com

Last update: 20 April 2023