Terms & Conditions
Please review the following terms and policy carefully as they are the terms of sale that govern your purchases at BRAINWAVZAUDIO.COM (hereinafter known as BRAINWAVZ). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at BRAINWAVZ constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Application and Acceptance of Terms and Conditions.
For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by BRAINWAVZ or any of its affiliates. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
BRAINWAVZ may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by BRAINWAVZ of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of BRAINWAVZ.
When you visit BRAINWAVZ or send customer requests(Support ticket) to BRAINWAVZ, you are communicating with BRAINWAVZ electronically. You consent to receive communications from BRAINWAVZ electronically. BRAINWAVZ will communicate with you by e-mail or by posting notices on this site.
2. Users Generally.
Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "BRAINWAVZ Content") for the purpose of re-selling or re-distributing the BRAINWAVZ Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with BRAINWAVZ, or otherwise commercially exploiting the BRAINWAVZ Content. Systematic retrieval of BRAINWAVZ Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BRAINWAVZ is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Some of the BRAINWAVZ Content displayed on this Site is provided or posted by third parties ("Third Party Content"). BRAINWAVZ is not the author of Third-Party Content, whether contributed by anonymous users or registered users. Any Third Party Content is the sole responsibility of the party who provided the content. BRAINWAVZ is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, BRAINWAVZ is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
BRAINWAVZ may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that BRAINWAVZ has no control over such third party's web site, does not monitor such sites, and BRAINWAVZ shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
BRAINWAVZ reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall BRAINWAVZ be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by BRAINWAVZ and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
As a condition of your access to and use of BRAINWAVZ, you agree that you will not use the BRAINWAVZ service to infringe the intellectual property rights or other legitimate rights of others in any way. BRAINWAVZ and/or its affiliates will in appropriate circumstances terminate the accounts of Users who are repeat infringes of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, BRAINWAVZ and/or its affiliates reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the BRAINWAVZ service, or if BRAINWAVZ believes that User's conduct is harmful to the interests of BRAINWAVZ, its affiliates, or other users, or for any other reason in BRAINWAVZ's sole discretion, with or without cause.
3. Registered Users
Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to BRAINWAVZ or another BRAINWAVZ group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to BRAINWAVZ and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our Buyer Database. BRAINWAVZ may send emails to you or contact you otherwise through your personal data whatever information BRAINWAVZ would like to convey to you.
BRAINWAVZ or its affiliates may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in BRAINWAVZ's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) BRAINWAVZ has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) BRAINWAVZ believes that the Registered User's actions may cause financial loss or legal liability to such Registered User.
A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of BRAINWAVZ. BRAINWAVZ may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
Notwithstanding Section 3.1 above, BRAINWAVZ may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify BRAINWAVZ (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
4. Limitation of Liability
To the maximum extent permitted by law, the features and services on the site are provided on an "as is" and "as available" basis, and BRAINWAVZ hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINWAVZ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, BRAINWAVZAUDIO.COM DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND BRAINWAVZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from BRAINWAVZ or through or from the Site shall create any warranty not expressly stated herein.
Under no circumstances shall BRAINWAVZ be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Each User hereby agrees to indemnify and save BRAINWAVZ, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save BRAINWAVZ, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to BRAINWAVZ. Each User hereby further agrees to indemnify and save BRAINWAVZ, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that BRAINWAVZ is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. BRAINWAVZ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BRAINWAVZ in asserting any available defences.
BRAINWAVZ shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- The use or the inability to use the Site.
- Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site.
- Violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
- Unauthorized access by third parties to data or private information of any User.
- Statements or conduct of any User of the Site; or
- any matters relating to Premium Services however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of BRAINWAVZ, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the BRAINWAVZ service shall be limited to the greater of (a) the amount of fees the User pays to BRAINWAVZ or its affiliates in the 12 months period prior to the action giving rise to liability and (b) HK$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the BRAINWAVZ service must be filed within one (1) year from the date the cause of action arose.
5. Intellectual Property Rights
BRAINWAVZ is the sole owner or lawful licensee of all the rights to the Site and the BRAINWAVZ Content. The Site and BRAINWAVZ Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and BRAINWAVZ Content shall remain with BRAINWAVZ, its affiliates or licensors of the BRAINWAVZ Content, as the case may be. All rights not otherwise claimed under this Agreement or by BRAINWAVZ are hereby reserved.
“BRAINWAVZ”, "BRAINWAVZAUDIO", "BRAINWAVZAUDIO.COM" and related icons and logos are registered trademarks or trademarks or service marks of BRAINWAVZ, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
6. Return Policy
Please review these policies carefully as they are the terms of sale that govern your purchases at BRAINWAVZ. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at BRAINWAVZ constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
Any returns, be it for refund or fixing must be sent with tracking and insurance, BRAINWAVZ is not responsible for items returning that are damaged or lost, no compensation will be offered.
There is a 30 day return policy for a full refund on all our items. Please note that it is on the Buyer to pay the return shipping if you are sending for a refund.
Defective on arrival:
Items that are defective within the first 30 days, BRAINWAVZ will reimburse the cost of return shipping costs up to USD$20.
Shipping will only be reimbursed only if the item is being exchanged.
Buyer must pay for shipping and must keep a copy of the receipt. BRAINWAVZ will reimburse after the parcel arrives to us.
Return Incorrect Item Received:
If the item you received is completely different from the one you ordered, please contact us via Support ticket system and provide us the picture proof of the error. Buyers have 3 days from receipt of goods to claim an incorrect received item.
BRAINWAVZ will reimburse the cost of shipping up to USD$20.00.
For the incorrect item, if you are able to find a use of it and prefer to keep it, you may suggest us and we will offer you a certain discount for buying it.
After receiving the incorrect product, please kindly provide us with proofs as below:
- The photos or video of the incorrect item(s)
- The photos, video or screen shot showing the malfunction of the defective item(s)
Because different batches of the products supplied, the item logo or packaging you received may vary from the one displayed on our website. If all the functions or appearance of the product proved to be correct, please understand the case will not included in this policy.
Return Unsatisfied Products
If you are not happy for any reason with your purchase, then just return it within 30 days of receipt for a refund or an exchange. If the return is not a result of our error, customers will be required to cover shipping cost both ways. And please make sure the items you send back to us is in the original packaging, and the merchandise is in the same condition.
No returns will be accepted after the first 30 days.
It is assumed that a buyer has done all the necessary research on the product they wish to purchase and understand what it can and cannot do. BRAINWAVZ is not responsible for buyers unsatisfied due to buyer not doing proper research on their purchased product.
Address for returns:
PO BOX 62515
Kwun Tong Post Office
All BRAINWAVZ products carry a 24 month warranty. The warranty covers only defects in workmanship and not damage through usage of product. Buyers should contact: firstname.lastname@example.org for warranty assistance.
8. Limited Shipping liability:
BRAINWAVZ is not responsible for delays in delivery caused by the post office, no compensation will be offered and in the event of a PayPal dispute or credit card chargeback, the buyer agrees to not hold BRAINWAVZ liable for any delays in delivery caused by the post office so long as tracking information shows on Hong Kong Post website.
Buyers understand that they may reside in a country which will not allow for inward tracking of registered airmail parcels and will not hold BRAINWAVZ accountable for lack of online tracking information. Buyers can find a list of postal systems which allow for online tracking here in the drop down box, should a listed postal system that is stated to allow for online tracking no longer provides online tracking for incoming international parcels, the buyer will again not hold BRAINWAVZ accountable.
Under no circumstances will a buyer expect BRAINWAVZ to pay for any customs duty they are levied. It is expected that a buyer already is aware of customs duty regulation and taxation for their own country at the time of purchase.
BRAINWAVZ only provides a rough time frame for how long parcels can take to arrive to various locations, however it is not a form of guarantee.
Seasonal increases in the volume of mail that the post office handles can make parcel take longer to arrive.
Under no circumstances will BRAINWAVZ be held responsible for postal delays.
Should a parcel return to BRAINWAVZ due to it being unclaimed or wrong address, the buyer will then need to repay for actual shipping costs to have their parcel sent back to them. Should a buyer not want to repay for shipping cost then a refund will be issued minus actual shipping and restocking fee.
BRAINWAVZ will ship to the address provided in the 'Shipping address' part of a buyers order. Buyers are expect to furnish their complete address in the 'Shipping address' portion of their order.
Should BRAINWAVZ make a mistake on the shipping label, BRAINWAVZ will send the parcel to the buyer at our own cost.
9. Free Gift Items:
Free gift items may be offered on different products, these are subject to stock availability. Should these free gifts be missing BRAINWAVZ will not offer compensation in any manner or send any missing gifts to the buyer.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
BRAINWAVZ's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives BRAINWAVZ's right to act with respect with subsequent or similar breaches.
BRAINWAVZ shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement). The User may not assign, in whole or part, this Agreement to any person or entity.
This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Hong Kong.
If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.