Rental Agreement Terms (Personal use)
- Parties
1.1. These Terms apply to:
- a) us, being Paul Dunstan (‘we’, ‘us’, or ‘our’); and
- b) you, being the person wishing to hire the NeurOptimal® System (‘you’ or ‘your’).
1.2. You must be at least 18 years of age and located in Australia to hire the NeurOptimal® System.
1.3. You agree to be bound by these Terms and agree that these Terms form an agreement between us and you which commences when you place an order for the NeurOptimal® System (Rental Agreement).
1.4. We will provide the NeurOptimal® System to you on and subject to these Terms.
1.5. Provision of the NeurOptimal® System is subject to availability and always at our discretion.
- Use of NeurOptimal® System
2.1. The NeurOptimal® System is provided to you for personal use only.
2.2. You must not allow any other person to have possession of the NeurOptimal® System.
2.3. If you permit any other person to use the NeurOptimal® System (third party use) you are responsible for their use and you indemnify us for and in respect of any loss, damage or claim suffered or incurred by or made against us, arising from or in connection with such third party use.
2.4. You must use the NeurOptimal® System solely for its intended purpose of doing NeurOptimal® sessions and not for any other purpose.
2.5. You must treat the NeurOptimal® System with the utmost of care and not do anything that may cause loss of or damage to the NeurOptimal® System.
2.6. You must connect the NeurOptimal® System to the internet to update every 7 days to ensure that the Software licence does not expire. You are not entitled to any refund or credit if you fail to do this.
2.7. You must contact us immediately if you experience any technical issue (eg. sound, not loading etc).
2.8. Apart from the zAmp and your headphones, you must not plug in any other peripherals (such as a mouse) which may cause damage to the NeurOptimal® System.
- Rental Period
3.1. The rental period is the period you have agreed to rent the NeurOptimal® System (for example, 1 month, 2 months or 3 months) and for which you have paid the Rental Fee.
3.2. You may be placed on a waiting list but we will give you an approximate delivery date for the NeurOptimal® System. We will notify you of the actual delivery date no less than 2 days prior to dispatch.
3.3. The Rental Period starts the day after the NeurOptimal® System is delivered to your Delivery Address.
3.4. The Rental Period ends (in the applicable month) on the same day of the month that it commenced.
Example:
For a NeurOptimal® System delivered on 2 October 2022 for 1 month rental, the Rental Period would start on 3 October 2022 and end on 3 November 2022.
- Extension of Rental Period
4.1. You may be able to extend the Rental Period subject to:
- a) availability of the NeurOptimal® System;
- b) our consent in writing; and
- c) payment of the additional Rental Fee.
Please contact us as early as possible if you wish to request an extension.
- End of Rental Period
5.1. You must return the NeurOptimal® System to us on the Return Date (ie. the next business day following the end of the Rental Period).
Using the above example, where the Rental Period ends on 3 November 2022, you would return the NeurOptimal® System on or before 4 November 2022.
5.2. When returning the NeurOptimal® System you must:
- a) use the prepaid envelope we provide to you;
- b) pack the NeurOptimal® System in the same manner you received it, take a clear photo of all items in the case and send a copy of the photo to us;
- c) request a lodgement receipt from Australia Post and send a copy of the lodgement receipt for proof of dispatch to us.
5.3. You will be liable for any damage to the NeurOptimal® System which occurs in transit if the NeurOptimal® System is not re-packaged in accordance with our instructions.
5.4. You must continue to comply with all of your obligations contained in these Terms until the date you actually Return the Accessory.
- Fees and payment
6.1. Refer to website for cost of rental plans.
6.2. You must pay the Rental Fee using our accepted Payment Method/s. We currently only accept direct bank deposit or Credit card (credit card surcharge of 1.75% will be added to rental cost).
6.3. All Fees are in Australian Dollars. Any Fees and charges imposed by these Terms will also include GST where applicable.
6.4. You are not entitled to any refund of Rental Fee if you return the NeurOptimal® System before the end of the Rental Period.
6.5. If the NeurOptimal® System is not Returned to us on the Return Date, you agree that we may charge you, and you must pay to us, a Late Return Fee of $80 per day until the NeurOptimal® System is Returned.
- Security Deposit
7.1. When you place an order and provide your credit card details, you irrevocably authorize us to charge your credit card for all Fees and other amounts that are or become payable by you to us in accordance with these Terms without the need to provide further notice to you.
7.2. We may require you to pay a deposit as security for compliance with your obligations under this Agreement. You irrevocably authorise us to immediately deduct any amount that is or becomes payable by you to us in accordance with these Terms without the need to provide further notice to you. The deposit (or any balance thereof after deducting any authorised amount) will be refunded to you within 2 Business Days of receipt of the NeurOptimal® System from you.
- Damage, Loss or Theft
8.1. You are responsible for any damage to the NeurOptimal® System during the Rental Period and until you Return the NeurOptimal® System and you agree that we may charge you, and you must pay to us, any amount required to repair or replace any component of the Neuroptimal® System that is missing or damaged (Damage Fee).
8.2. We will inspect the NeurOptimal® System on return to us. If there is any damage to the NeurOptimal® System we will notify you within 24 hours providing details of the damage and a tax invoice for the Damage Fee.
8.3. You are responsible for loss or theft of the NeurOptimal® System during the Rental Period and until you Return the NeurOptimal® System.
8.4. You must immediately notify us and the Police if the NeurOptimal® System has been lost or stolen.
8.5. If the NeurOptimal® System is lost or stolen or not returned to us for any reason within 14 days of the Return Date, you agree that we may charge you, and you must pay to us, a Replacement Fee of $10500 USD. If applicable, we will notify you within 24 hours and provide a tax invoice for the Replacement Fee.
- Limitation of Liability
9.1. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
9.2. To the extent permitted by law, our maximum liability arising under any condition or warranty that cannot be legally excluded is limited to providing the NeurOptimal® System to you again or paying the cost of having the NeurOptimal® System provided to you again.
9.3. You acknowledge and agree that:
- a) any condition, warranty, right or liability, which would otherwise be implied in these Terms or protected by law is excluded; and
- b) to the extent permitted by law, all implied terms are excluded and we do not accept liability to you in respect of any direct, special, indirect or consequential damage, loss, expense or cost which may be suffered or incurred by you and which may arise directly or indirectly in respect of our provision of the NeurOptimal® System to you.
9.4. To the extent permitted by law, we will have no liability, and you release and discharge us from all liability arising in connection with any:
- a) event or circumstances beyond our reasonable control; and
- b) your acts or omissions including any breach of these Terms.
9.5. You understand that the NeurOptimal® System is not a medical treatment, device or methodology. It is not used to diagnose medical disorders nor is it used as a medical treatment for disorders and has not been approved for any medical purpose by the TGA or any other governing agency.
9.6. We do not provide analysis of your brain function.
9.7. You acknowledge that you have made your own enquiries regarding the suitability of use of the NeurOptimal® System for you and the possible outcomes.
- Privacy
10.1. We are committed to protecting your privacy. We will use reasonable endeavours to keep your personal information confidential and will not disclose your personal information to any other person except for the purpose of carrying out or enforcing this Agreement.
- Notices
11.1. Any notice to be given to us must be sent by email to info@peakneuro.com.au and if sent on a day, other than a Business Day, or after 5.00pm on a Business Day, the email will be considered to have been received on the following Business Day.
- General
12.1. These Terms are governed by the laws of Victoria, Australia. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.
12.2. Headings are used for convenience only and do not affect the interpretation of these Terms.
12.3. These Terms constitute the entire agreement between us and you with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
12.4. If any provision of these Terms does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of this Agreement.
- Definitions
The following definitions apply in this agreement:
Business Day means Monday to Friday but excludes any public holiday in Victoria.
Delivery Address: means the address you specify in writing for delivery of the NeurOptimal® System.
Fees means Rental Fees, Late Return Fees, Damage Fees and Replacement Fees (as defined above).
NeurOptimal® System includes:
- 1 x Surface Pro Laptop
- 1 x Tool Pro Hard Case
- 1 x Licensed Software including digital manual
- 1 x zAmp
- 1 x Paste and 2 x Sets of Sensors
- 1 x Charging cable for Surface Pro Laptop
- 1 x USB cable
- 1 x Audio Out cable.
- 1 x Strap to use as lanyard for zAmp
- 1 x Pre-paid envelope for returning the NeurOptimal® System to us
[You must supply your own headphones/ear buds and baby wipes for cleaning sensors and scalp].
Rental Period: means the period you have selected in Section 4 of the Rental Agreement Form and paid for, which starts and ends on the dates determined in accordance with clause 3 of these Terms.
Return occurs when you have lodged the delivery of the NeurOptimal® System with Australia Post and provided the lodgement receipt and Australia Post tracking number to us.
Return Date means the next Business Day following the end of the Rental Period.