Terms and Conditions
Terms & Conditions
Please review the following terms and policy carefully as they are the terms of sale that govern your purchases at BRAINWAVZAUDIO.CA (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 BRAINWAVZAUDIO.CA 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.
BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA.
When you visit BRAINWAVZAUDIO.CA or send customer requests(Support ticket) to BRAINWAVZAUDIO.CA, you are communicating with BRAINWAVZAUDIO.CA electronically. You consent to receive communications from BRAINWAVZAUDIO.CA electronically. BRAINWAVZAUDIO.CA 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 "BRAINWAVZAUDIO.CA Content") for the purpose of re-selling or re-distributing the BRAINWAVZAUDIO.CA Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with BRAINWAVZAUDIO.CA, or otherwise commercially exploiting the BRAINWAVZAUDIO.CAM Content. Systematic retrieval of BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Some of the BRAINWAVZAUDIO.CA Content displayed on this Site is provided or posted by third parties ("Third Party Content"). BRAINWAVZAUDIO.CA 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. BRAINWAVZAUDIO.CA 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, BRAINWAVZAUDIO.CA 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.
BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA has no control over such third party's web site, does not monitor such sites, and BRAINWAVZAUDIO.CA shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA, you agree that you will not use the BRAINWAVZAUDIO.CA service to infringe the intellectual property rights or other legitimate rights of others in any way. BRAINWAVZAUDIO.CA 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, BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA service, or if BRAINWAVZAUDIO.CA believes that User's conduct is harmful to the interests of BRAINWAVZAUDIO.CA, its affiliates, or other users, or for any other reason in BRAINWAVZAUDIO.CA'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 BRAINWAVZAUDIO.CA or another BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO 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. BRAINWAVZAUDIO may send emails to you or contact you otherwise through your personal data whatever information BRAINWAVZAUDIO would like to convey to you.
BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) BRAINWAVZAUDIO.CA has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA. BRAINWAVZAUDIO.CA 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, BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA (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 BRAINWAVZAUDIO.CA 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, BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA or through or from the Site shall create any warranty not expressly stated herein.
Under no circumstances shall BRAINWAVZAUDIO.CA 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, labor disputes, riots, insurrections, civil disturbances, shortages of labor 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 BRAINWAVZAUDIO.CA, 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 BRAINWAVZAUDIO.CA, 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 BRAINWAVZAUDIO.CA. Each User hereby further agrees to indemnify and save BRAINWAVZAUDIO.CA, 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 BRAINWAVZAUDIO.CA 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. BRAINWAVZAUDIO.CA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BRAINWAVZAUDIO.CA in asserting any available defences.
BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA, 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 BRAINWAVZAUDIO.CA service shall be limited to the greater of (a) the amount of fees the User pays to BRAINWAVZAUDIO.CA or its affiliates in the 12 months period prior to the action giving rise to liability and (b) $20 CAD. 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 BRAINWAVZAUDIO.CA service must be filed within one (1) year from the date the cause of action arose.
5. Intellectual Property Rights
BRAINWAVZAUDIO.CA is the sole owner or lawful licensee of all the rights to the Site and the BRAINWAVZAUDIO Content. The Site and BRAINWAVZAUDIO.CA 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 BRAINWAVZAUDIO.CA Content shall remain with BRAINWAVZAUDIO.CA, its affiliates or licensors of the BRAINWAVZAUDIO.CA Content, as the case may be. All rights not otherwise claimed under this Agreement or by BRAINWAVZAUDIO.CA are hereby reserved.
"BRAINWAVZAUDIO", "BRAINWAVZAUDIO.COM", "BRAINWAVZAUDIO.CA" and related icons and logos are registered trademarks or trademarks or service marks of BRAINWAVZAUDIO.COM, 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 BRAINWAVZAUDIO.CA (hereinafter known as BRAINWAVZAUDIO). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at BRAINWAVZAUDIO 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, BRAINWAVZAUDIO is not responsible for items returning that are damaged or lost, no compensation will be offered.
Return DOA (Dead on Arrival) Item
Any products , regardless of the guarantee offered, dead on arrival (incorrect usage excluded) within 5 days after delivery or 30 days after shipment if the delivery date is not traceable (The order shipment date and order notification are provided to you by email).
In this case, please kindly provide us with proofs as below:
- The photos of original BRAINWAVZAUDIO package with front and back sides
- The photos or video of the defective item(s)
- The photos, video or screenshot showing the malfunction of the defective item(s)
BRAINWAVZAUDIO will reimburse the cost of return shipping up to $20 CAD.
Warranty & Return Defective Item:
We will try our best to make sure the products shipped to our customers are in the best condition.
All media players come with a 12 month warranty plus 30 days to cover the time it took to reach. All earphones and headphones carry a 12 month warranty all other accessories carry a 90 day warranty. In the case that a defect arises after the first 30 days of use the customer will need to cover the return shipping cost, BRAINWAVZAUDIO will cover the shipping cost from us to the buyer.
BRAINWAVZAUDIO will not provide compensation should it take a long time for the manufacturer to fix and return a fixed item back to us.
BRAINWAVZAUDIO will inform the customer when a RMA is received and when a RMA is sent back.
BRAINWAVZAUDIO is not responsible for any RMA's lost in the mail when a buyer sends it back, buyers are required to purchase tracking and insurance on returning parcels at their cost. No exceptions will be made for lost mail.
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.
BRAINWAVZAUDIO will reimburse the cost of shipping up to CAD$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 7 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 7 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 can not do. BRAINWAVZAUDIO is not responsible for buyers unsatisfied due to buyer not doing proper research on their purchased product.
Address for returns:TSR Solutions LTD