Terms and Conditions

Terms and Conditions for the Supply of Services

OUR TERMS

1. WHAT ARE THESE TERMS

1.1 These are the terms and conditions on which we supply the brain training services as more particularly described in clause 4 (the Services) from our premises located at 25 Ryde Road Pymble NSW 2073 (“Pymble Training Centre”) to you.

1.2 Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that
there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Australia MRK Pty Ltd trading as Train Your Brain (Neurofeedback), a company registered in Australia. Our ABN is 85 163 827 129 and our registered office is located at 25 Ryde Road Pymble NSW 2073.

2.2 You can contact us by telephoning our customer service team at 0458 669 666 or 02 9060 3722 or by writing to us at office@tybn.com.au or25 Ryde Road Pymble NSW 2073.

2.3 If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your booking. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR AGREEMENT WITH YOU

How we will accept your booking

3.1 Once we have assessed your requirements we will write to you confirming the details of your booking (the “booking confirmation letter”).

3.2 Our acceptance of your booking will take place on the earlier of (i) us confirming in writing that we have received your deposit in cleared funds; or (ii) us confirming that we have received your payment for a single session or a set of block sessions in cleared funds; or (iii) our beginning to provide you with the Services, at which point an agreement will come into existence between you and us. The agreement will comprise of these terms and conditions together with the terms set out in the booking confirmation letter.

3.3 If we are unable to accept your booking we will inform you of this. In such circumstances we will not charge you for the Services and will return any deposit monies received. Reasons why we may be unable to accept your booking include, without limitation, because we have identified an error in the price or description of the Services or because we are unable to provide you with the Services when required.

4. OUR SERVICES

4.1 The Services we provide comprise of one or more of the following services, by one of our neurofeedback trainers, at our Pymble Training Centre (the “sessions”). The brain training services you will receive are more particularly specified in your booking confirmation letter:

4.1.1 EEG (electroencephalography) and biofeedback;

4.1.2 Neurofield PEMF (pulsed electromagnetic field) brainwave response system; and

4.1.3 ILS Integrated listening systems, (together or individually the “Services”).

4.2 Our Services are different types of Neurofeedback:

  1. NeurOptimal®: It utilizes an original Dynamical Neurofeedback® algorithm developed by the Drs. Brown, which is exclusive to NeurOptimal®.
  2. Play Attention: Play Attention is a computer-based attention-training system (inspired by NASA) that measures brain activity using an armband, and provides visual and auditory feedback in a game-like environment designed to hone certain skills.

Both Services are Training systems and Non-Medical. They do not have any side effects and results might be different from one person to the other.

4.3 Sessions: The agreement will set out the number of sessions you have booked with us during which we will provide the Services and we will contact you to arrange the specific dates and times for your sessions. All sessions must be taken within the time period specified in your booking. Please note that the trainer who provides your sessions will not necessarily be the same trainer each time.

4.4 Results. It is a term of this agreement that we do not treat, diagnose or cure any medical or psychological conditions. Every brain is different, and as such every person reacts differently to the brain training that we provide. Though our track recordis excellent, we cannot and do not guarantee any results from the Services we provide.

4.5 Upon entering into this agreement you acknowledge that you have voluntarily chosen to receive the Services provided by us.

4.6 No representation or warranty. We make no representation or warranty in respect of the results which you may or may not receive as a result of being provided with the Services.

5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the Services set out in your agreement, please contact us. We will let you know if the change is possible and how such change will affect the Fees payable, the dates of any sessions already confirmed to you and of anything else in your existing agreement. We will then ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the Services. We may change the Services:

6.1.1 to reflect changes in relevant laws and regulatory requirements;

6.1.2 to implement minor technical adjustments and improvements. These changes will not affect delivery of the Services; and

6.1.3 to ensure you are receiving the most appropriate Services as your treatment progresses.

6.2 More significant changes to the Services and these terms. In the event that we are required to make more significant changes to the Services, before we do so, we will notify you and you may then contact us to end the agreement and receive a full refund of any Services which you have paid for in advance but not yet received.

7. PROVIDING THE SERVICES

7.1 When we will provide the Services. During the booking process we will let you know the dates on which we will provide the Services to you. Where the Services are ongoing services, we will also tell you during the booking process when and how you can end the agreement.

7.2 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.

7.3 If you are more than 10 minutes late for a session we will cease to provide the Services for that session and you will still be charged. Where you are late for a session, the Services will only be provided for the remaining duration of your booked session.

7.4 If we miss your session you will have the option to rearrange the session in accordance with clause 7.6 or you may treat the agreement as at an end straight away. If you choose to treat the agreement as at an end then we will reimburse you the full cost of the missed session together with any other sessions you have booked and paid for in advance which have not yet been delivered.

7.5 Setting a new date and time for a session. If you do not wish to treat the agreement as at an end in accordance with clause 7.4, you can arrange with us a new time and date for the missed session, which must be reasonable, and where you have chosen this option, you will then only be able to treat the agreement as at an end if we do not deliver the rearranged session.

7.6 What will happen if you do not give required information to us. We may need certain information from you during the term of the agreement so that we can supply you with the Services. We will request this from you as required. If you do not give us this information within a reasonable time of us asking for it, we may either end the agreement (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.7 Bookings must be approved before coming to use our services. No “walk-ins” will be accepted. 7.8 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services:

7.8.1 to deal with technical problems or to make minor technical changes to our equipment; 7.8.2 where a trainer allocated to your session is no longer able to attend the session and we are unable to provide a replacement; 7.8.3 to update the Services to reflect changes in relevant laws and regulatory requirements; 7.8.4 to make changes to the Services as requested by you or notified by us to you (see clause 6); 7.8.5 if your behaviour is inappropriate or aggressive towards our staff.

7.9 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending any supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the agreement for Services if we suspend the Services, or tell you we are going to suspend the Services, in each case for a period of more than 7 days and we will refund any monies you have paid in advance for the Services in respect of the period after you end the agreement.

7.10 We may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).

8. YOUR RIGHTS TO END THE AGREEMENT

8.1 You can always end the contract before the Services have been supplied and paid for. You may contact us at any time to end your agreement, but in some circumstances we may charge you for doing so, as described below.

8.2 We require 24 hours’ notice to change a session time. Where you wish to rearrange a session time, we require not less than 24 hours’ notice. You can send an email or a text message to 0458669 666 or an email to office@tybn.com.au if you want to change a session time including during the weekends and public holidays. Where 24 hours’ notice is not provided to change a session time then you will still be charged for the session. Where the session has been paid for in advance, that session will be lost.

8.3 Discounted Block Sessions. If a discounted block of sessions are cancelled midway through then the Services already supplied will be charged pro rata to the total Fees paid and the balance will not be repaid to you. If you buy the package of 10 sessions and cancel midway, we will not refund the balance as the packages have been discounted. Each client has a right to freeze their sessions up to two times a year. However clients must realise that you will not see the desired results if there are too many breaks between each session.

8.4 Deposits are refundable up to 10 working days before the date of your first session.

8.5 Discounted Block Sessions. If a discounted block of sessions are cancelled midway through then the Services already supplied in the sessions already taken will be charged pro rata to the total Fees paid and the balance will be repaid to you.

8.6 If you are ending an agreement for a reason set out at clause 8.5.1 to 8.5.5 below the agreement will end immediately and we will refund you in full for any Services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

8.6.1 we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 6.2);

8.6.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

8.6.3 there is a risk that supply of the Services may be significantly delayed because of events outside our control;

8.6.4 we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

8.6.5 you have a legal right to end the agreement because of something we have done wrong (but see clause 7.3 and 7.4 in relation to your rights to on end the agreement if we deliver late).

8.7 If you seek to end the agreement, we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable sum as compensation for the net costs we will incur as a result of your ending the agreement. Please note that where block sessions are being cancelled, the terms of clause 8.4 above will apply.

9. OUR RIGHTS TO END THE AGREEMENT

9.1 We may end the agreement if you break it. We may end the agreement for the supply of Services at any time by writing to you if:

9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;

9.1.3 you fail to attend more than two booked sessions. 9.1.4 you wish to amend your agreement to be supplied with less than the minimum number of sessions a week, as set out in your agreement.

9.2 We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 24 hours in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

10. IF THERE IS A PROBLEM WITH THE SERVICES

10.1 If you have any questions or complaints about the Services, please contact us. You can telephone us at 0458 669 666 or 02 9060 3722 or write to us at office@tybn.com.au or25 Ryde Road Pymble NSW 2073.

10.2 We are under a legal duty to supply Services that are in conformity with this agreement. Please see the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.

11. PRICE AND PAYMENT

11.1 The price of the Services (which includes GST) will be the price set out in our price list in force at the date of your booking, a copy of which is contained on our website unless we have agreed another price in writing in your booking confirmation letter (the “Fees”). We take all reasonable care to ensure that the Fees, for our provision of Services to you, is correctly advised to you. However please see clause 11.3 for what happens if we discover an error in the price of the Services you booking.

11.2 It is always possible that, despite our best efforts, some of the Services we offer may be incorrectly priced. We will normally check prices before accepting your booking so that, where the Services correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the Services correct price at your booking date is higher than the price stated in our price list, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the agreement and refund you any sums you have paid.

11.3 We accept payment by bank transfer or with any of the following payment cards: Visa, Mastercard, Amex:

11.3.1 A deposit of $20 is required to secure your session booking.

11.3.2 The balance of the Fee for your session is payable, in advance, when you attend your assessment session.

11.3.3 Block session bookings (Packages) are payable, in advance, either prior to, or when you attend your first block session appointment.

11.3.4 Single session bookings are payable, in advance, either prior to, or when you attend your single session appointment.

11.3.5 All Fees are payable in cleared funds in Australian Dollars.

11.3.6 System introduction (initial Consultation) will be free for NeurOptimal® and there is no assessment.

11.3.7 Assessment for Play Attention is $AUD300.

11.4 If you do not make any payment to us by the due date (see clause 11.4) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate set by the Reserve Bank of Australia from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.5 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11.6 Any Paid session or Paid package is valid for use within 12 months from the date of payment. Expired sessions are non-refundable.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at clause 10.2.

12.3 We are not liable for business losses. We only supply the Services for personal and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will use the personal information you provide to us:

13.1.1 to supply the Services to you;

13.1.2 to process your payment for the Services; and 13.1.3 if you agreed to this during the booking process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by contacting us.

13.2 We will only give your personal information to other third parties where you have expressly consented or the law either requires or allows us to do so.

14. 14. OTHER IMPORTANT TERMS

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3Nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

14.6 Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by Australian law and you can bring legal proceedings in respect of the products in the Australian courts.