Terms & Conditions

Terms & Conditions

1.0 Purchase

1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Nootropic Source Australia (ABN: 53 467 869 482) to You in accordance with clause: 1.9.

1.2 Payment must be made at the time of submitting the Purchase Order and entering into the Agreement.

1.3 All Purchase Orders placed through the Website are subject to ‘confirmation’ and ‘acceptance’ by Nootropic Source Australia.

We will email You with ‘confirmation’ of the receipt of Your Purchase Order, ‘Acceptance’ by Nootropic Source Australia will be upon Your receipt of the email confirming dispatch of the Product in accordance with clause 3.4 and 3.5 of the Processing and Shipping Policy. Nootropic Source Australia may reject Your Purchase Order, and refund any payment made by You, at any time, prior to Your receipt of the ‘Acceptance’ from Nootropic Source Australia

1.4.1 Payment can be made by credit card. Nootropic Source Australia accepts Visa, Mastercard and American Express & Cryptocurrency. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause—and clause: 1.2 of this Agreement.

1.4.2 Payment can also be made using PayPal. You warrant that You are an authorised user of the PayPal account.

1.5 All Website transactions are settled in Australian Dollars (AUD), the final charge to Your credit card is made in Australian Dollars.
If You are ordering from outside Australia, and Your bank account or credit card is held in another currency, Your purchase will be subject to an exchange rate conversion from the AUD purchase price to Your bank account or credit card currency.
Nootropic Source Australia is unable to provide an exact currency exchange rate as the rate fluctuates from day-to-day with the current exchange rate market.

Some areas of the Website provide an estimated currency conversion figure. Anywhere a currency other than AUD is shown, is for Your reference only, and may differ from the amount that appears on Your credit card statement.
The final conversion rate is determined by Your banking institution or credit provider at the time of processing the payment.
Nootropic Source Australia cannot be held responsible if the amount charged on Your statement differs slightly from the estimates on the Website due to exchange rate conversions.

1.6 Your Banking institution may charge a small currency conversion fee. Nootropic Source Australia cannot be held responsible for associated fees and charges You may incur in addition to price outlined on Nootropic Source Australia Purchase Order for Product purchased from Nootropic Source Australia

1.7 Purchase Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed. Nootropic Source Australia cannot be held responsible for the incursion of these taxes and/or duties being charged to You.

1.8.1 GST
GST means the Australian Goods and Services Tax charged under “A New Tax System (Goods and Services Tax) Act 1999 (the “Act”)”. Some Products listed on Nootropic Source Australia Website are subject to Australian GST.

1.8.2 Consumer Purchases and GST
Where GST is applicable, and unless stated to be otherwise, charges referring to the purchase of products provided byNootropic Source Australia are GST inclusive.
Nootropic Source Australia will issue a Purchase Order for all purchases as stated in sections: 1.1 and 1.3 of this Agreement.

1.8.3 Wholesale Accounts and GST
Unless stated to be otherwise, charges referred to for use of any services or purchase of any Product provided by Nootropic Source Australia are GST exclusive, GST of Products that incur GST will be listed separately. Nootropic Source Australia will issue a Tax Invoice for all purchases.

1.9 Nootropic Source Australia may vary prices in the event of price changes or mistakes with reasonable prior notice to You. IfNootropic Source Australia requests payment for increased prices, You may cancel the order by giving notice to Nootropic Source Australia, which must be received within seven days of the announcement of the increase.

1.10 Some Products listed on Nootropic Source Australia Website may not be allowed to enter an international country due to governmental customs and quarantine legislation of that country. Nootropic Source Australia aims to ensure it is aware of any legislative changes on the importation of food Products to countries outside Australia.
Although, every effort is made to ensure the safe and legal entry of Product to each and every international destination country, Nootropic Source Australia cannot be held responsible in the event that Product is held and detained in the destination country due to legislative changes and/or requirements that are out of the jurisdiction of Nootropic Source Australia.

It is your responsibility to ensure that there are no importation limitations on Products ordered prior to sending the Purchase Order.
If a Purchase Order is received andNootropic Source Australia are aware of the limitations of importation of the destination country, Nootropic Source Australia will reject the Purchase Order and refund the monies in AUD as outlined on the Purchase Order received.

If a Purchase Order is received and Nootropic Source Australia are unaware of the limitations of importation of the destination country, and the goods are returned to Nootropic Source Australia, Nootropic Source Australia refund the monies in AUD as outlined on the Purchase Order received less charges as outlined in the: Returns and Refunds Policy.

1.11 From time-to-time, Nootropic Source Australia will offer Products on sale, promotion or discount. Each of these offers will be subject to its own unique terms and conditions. Please ensure that prior to placing a Purchase Order for a Product listed, that You check the Terms and Conditions to ensure that the Product meets Your personal requirements and situation. Nootropic Source Australia cannot be held responsible for incorrectly purchased Products under these circumstances. (See section 6 of this Agreement).

2.0 Products & Stock

2.1 Nootropic Source Australia does our best to maintain our “in stock” status on all items. In the event that an item goes on backorder after You have placed Your order, our customer service team will contact You via email or phone.

As per the Refunds and Exchanges Policy, You will be given the option of either:
(a) refunding the back ordered item, or
(b) placing the entire order on hold until the back ordered Product comes back into stock.
If You do not reply to our email or call, Your entire order will remain on backorder with a ‘hold’ status until the out of stock item comes back into stock, at which point all Product on Your Purchase Order will be processed and shipped.

2.2 Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of Your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on Nootropic Source Australia’s Website.

2.3 Nootropic Source Australia reserves the right to limit the quantity of items purchased with regards to limited edition and/or exclusive Products. The quantity per limited edition items currently stands at ONE unit per customer. It is a condition of this Agreement that You do not resell the Product on to a third party.

2.4 Nootropic Source Australia complies with the Food Standards Code Australia New-Zealand to ensure our Products are of the highest quality, safety and efficacy for our customers. Nootropic Source Australia makes every effort to ensure that any third parties handling Nootropic Source Australia’s Product, also comply. However, Nootropic Source Australia cannot be held responsible for the compliance of these third parties.

3.0 Privacy & Security

 

Nootropic Source Australia is committed to ensuring the privacy of your personal information. The ‘Privacy and Security Policy’ sets out the process we use to manage your personal information in compliance with the Privacy laws. Please ensure that you read the Privacy and Security Policy statement thoroughly for full details.

4.0 Shipping & Deliveries

 

Nootropic Source Australia makes every effort to ensure that You receive any products and services You order. The ‘Processing and Shipping Policy’ sets out the process we use to manage your orders and meet your expectations. Please ensure that you read the ‘Processing and Shipping Policy’ statement thoroughly for full details prior to purchase.

5.0 Returns & exchanges

 

Nootropic Source Australia handles returns, exchanges and refunds in accordance with the Australian Consumer Protection legislation—providing a fair and reasonable Returns, Exchanges and Refunds Policy. Please ensure that you read the ‘Returns, Exchange s and Refunds Policy’ statement thoroughly prior to purchase.

6.0 Use of Nootropic Source Australia website

6.1 You agree that You will use this Website in accordance with this Agreement and that You will not use the Website for any unlawful purpose.

6.2 You agree that You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Nootropic Source Australia’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference; and, includes—without limitation—mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcasting attacks or any other method designed to damage or interfere with the operation of a computer system or Website.

6.3 When You visitNootropic Source Australia Website or send an email to Nootropic Source Australia, You are communicating with us electronically and You consent to receive communications from us electronically.

We will communicate with You by email or by posting notices on this Website. You agree that all Agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

6.4 Nootropic Source Australia Website may contain electronic bulletin boards, chat rooms and other communication facilities which allow feedback by Nootropic Source Australia Website users, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of Your use of any Communication Facility and access to Nootropic Source Australia Website, that You do not do any of the following:

(a) Restrict or inhibit any other user from using or enjoying any Communication Facility.

(b) Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, racist or indecent information or material—of any kind; including—without limitation—any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

(c) Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.

(d) Post or transmit any material of any kind which contains a virus or other harmful component.

(e) Post, transmit, or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising.

(f) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded. Or,

(g) Download any file posted by any other user of a Communication Facility if You know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

6.5 Nootropic Source Australia may from time-to-time monitor or review the Contents of the Website Communication Facility. While Nootropic Source Australia reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that inNootropic Source Australia’s sole discretion is in any way objectionable or in violation of any applicable law or the Agreement.

6.6 Nootropic Source Australia has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such Contents, nor is Nootropic Source Australia responsible for any Contents in any Communication Facilities (including, but not limited to any information, comments and/or advice of any individual referred to as ‘guest’ or ‘expert’ whose statements and opinion on the Website are solely their own).

6.7 You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

6.8 Nootropic Source Australia reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials within the Communication Facility which violate any applicable or relevant law.

7.0 Liability & Indemnity

7.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 8 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.

7.2 Nootropic Source Australia may permit You to make, share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions You make to the Website.
Nootropic Source Australia disclaims any and all liability in connection with Contributions. Nootropic Source Australia assumes no responsibility for monitoring any Contributions and does not endorse the information Contributions. Nootropic Source Australia is under no obligation to treat Your Contribution as confidential. Nootropic Source Australia may at any time, without liability to You, remove, alter or disable access to any or all of Your Contributions in its sole discretion without prior notice to You.

7.3 By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), You grant to Nootropic Source Australia and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

(a) Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display. And,

(b) Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

7.4 Details outlined in 7.3 includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Nootropic Source Australia and any other party authorised by Nootropic Source Australia all moral rights and any similar rights in any jurisdiction which You may have or hereafter acquire in respect of any relevant communication or other material.

7.5 At the request and expense of Nootropic Source Australia, You will execute and deliver to Nootropic Source Australia such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

8.0 Your acceptance of this agreement & Change of terms

8.1 You will be asked to accept this Agreement during the purchase process by ticking “I agree with Nootropic Source Australia’s Terms and Conditions, Privacy Policy, Shipping Policy, Returns and Exchanges policy and site Disclaimer”. By ticking this box You agree to the entirety of this Agreement.

8.2 To ensure that this Agreement is current, from time-to-time Nootropic Source Australia will review this Agreement and reserves the right to change, modify, and add or remove portions of this Agreement at any time. You will be notified of any such changes here, by Email, or by means of a notice on our homepage or customer care area. This Agreement supersedes all prior Agreements. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your purchase order as outlined in section: 1.3 of this Agreement.

9.0 Website Content & Availability

9.1 In consideration of Your use of Nootropic Source Australia Website, You agree to provide true, accurate, current and complete information about Yourself as prompted within the Website’s forms (such information being the “Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In particular, to register, You must provide Your real name and email address.

9.2 If You provide any information that is untrue, inaccurate, not current or incomplete or Nootropic Source Australia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Nootropic Source Australia has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).

9.3 If You use Nootropic Source Australia Website, You are responsible for maintaining the confidentiality of Your Registration Data and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

9.4 From time-to-time, down-time—either scheduled or unscheduled—may occur. Nootropic Source Australia will work within reason to ensure this amount of downtime is limited.

9.5 Nootropic Source Australia will not be held liable for the consequences of any downtime.

9.6 Due to changing market forces and other extenuating circumstances that affect Product availability and price stability, Nootropic Source Australia reserves the right to withdraw any Product advertised and change prices without notice.

9.7 Nootropic Source Australia endeavours to maintain the accuracy of Product images, Product descriptions, stock availability and prices.Nootropic Source Australia do, however, reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

9.8 Images displayed on this Website should be considered illustrative and informational only. We endeavour to display Products as close to the physical colour/appearance as possible. However, due to the nature of natural foods, colours can change from batch-to-batch and—as such—there may be a difference in appearance between online images and delivered product.

9.9 All material and information throughout the Website and in our database is provided in good faith. It is derived from sources believed to be accurate, reliable and current at the date of publication. There may be misprints, misinterpretations, human errors, and omissions. We reserve the right to make changes and corrections in prices, Products, informational content and specifications without notice.
Your use of the Website is at Your sole risk. Access to the Website is provided on an ‘as available’ basis. Neither Nootropic Source Australia, its related bodies corporate, or its or their directors or employees make any representation or warranty that:

(i) Any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material). Or,

(ii) Your access to the Website will be uninterrupted, timely or secure.
Nootropic Source Australia will not be liable for loss resulting from any action or decision by You in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

9.10 To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Nootropic Source Australia) will Nootropic Source Australia or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.

9.11 It is an essential pre-condition to You using our Website that You agree and accept that Nootropic Source Australia is not legally responsible for any loss or damage You might suffer related to Your use of the Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website. Your use of any information or materials on this Website is entirely at Your own risk, for which we—Nootropic Source Australia—shall not be liable.

It shall be Your own responsibility to ensure that any Products, services or information available through this Website meet Your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

10.0 Intellectual Property

10.1 The material provided on the Website is copyright protected. You may only use this material for Your own private and non-commercial purposes. Except for the temporary copy held in the computer’s cache and a single permanent copy for Your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Nootropic Source Australia or the appropriate supplier or licensor of Nootropic Source Australia.

10.2 You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing Your own publications, Internet site or other means of distribution.

10.3 All software used on this Website is the property of Nootropic Source Australia or its software suppliers and is protected by Australian and international copyright laws.

10.4 Reproduction of part or all of the Contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party for personal gain. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

10.5 Nootropic Source Australia logo and the logos of Nootropic Source Australia Products are registered pending trademarks of Nootropic Source Australia or its related bodies corporate. Other trademarks may be displayed on the Website from time-to-time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a Website, without the express written permission of the relevant owner.

10.6 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Nootropic Source Australia.

10.7 Nootropic Source Australia’s trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held b yNootropic Source Australia.

10.8 All rights not expressly granted are reserved.

10.9 This Website may contain materials produced by third parties or links to other Websites. Such materials and Websites are provided by third parties and are not under Nootropic Source Australia’s direct control or its related bodies corporate and neitherNootropic Source Australia nor its related companies have any responsibility for the Contents of any such hyperlink or linked website.

10.10Nootropic Source Australia accepts no responsibility or liability in respect of any such third party materials or for the operation or Content of other Websites (whether or not linked to this Website). You acknowledge that Nootropic Source Australia is entitled to require You to remove any link from another Website to this Website which You install without obtaining Nootropic Source Australia’s prior written consent.

10.11Nootropic Source Australia Website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to Websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement byNootropic Source Australia or its related bodies corporate of the relevant advertiser, its Products or services or any such linked Website.

10.12 If You follow a link to any such Websites You leaveNootropic Source Australia Website and do so entirely at Your own risk.

10.13 If You contact a third party using functionality provided on the Website, including via email, Nootropic Source Australia accepts no responsibility for any actions taken by that third party in response to Your communication or for any transactions entered into between You and the relevant third party.

11.0 Limitation of Liability

11.1 The Trade Practices Act 1974 (replaced with Competition and Consumer Act 2010) and similar state and territory legislation in Australia may confer rights and remedies on You in relation to the provision by Nootropic Source Australia of Products or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Nootropic Source Australia does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

(a) All Content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied.

(b) Nootropic Source Australia and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

(c) Nootropic Source Australia does not warrant that the functions contained in any Content or any Communications Facility or Your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to You are free of viruses or any other harmful components.

(d)Nootropic Source Australia does not warrant or make any representation regarding Your access to, or the results of Your access to the Website (including any related or linked Websites), or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. And,
(e) You (and not Nootropic Source Australia) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

11.2 You agree to indemnify and hold harmless Nootropic Source Australia and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand to arise out of or in connection with Your use and access to the Website.

11.3 You agree that Nootropic Source Australia’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.

12.0 Forced Majure

 

Nootropic Source Australia will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Nootropic Source Australia’s reasonable control.

13.0 Termination of agreement

13.1 Nootropic Source Australia reserves the right to terminate this Agreement at any time.

13.2 Subject to clause 13.3, Nootropic Source Australia shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

13.3 If the Product has not been delivered to You prior to any termination of this Agreement by Nootropic Source Australia, Nootropic Source Australia will refund to You any payment You have made prior to the termination.

14.0 Misc

14.1 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted byNootropic Source Australia in writing.

14.2 Failure of either party to enforce any right it has under this Agreement will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.

14.3 The Agreement will be made on Nootropic Source Australia‘s acceptance of Your Purchase Order and will be, and is, governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia in any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.

14.4 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of Victoria, Australia is an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.

14.5 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.

14.6 Nootropic Source Australia may be notified via our contact form

14.7 To the maximum extent permitted by law, Nootropic Source Australia‘s liability for breach of any implied warranty or condition pertaining to product or services supplied or offered is limited—at the option ofNootropic Source Australia—to the following:

(a) The supply of the services again. Or,

(b) The payment of the cost of having services supplied again in the case that the goods were supplied or offered by Nootropic Source Australia or;

(c) The replacement of the goods or the supply of equivalent goods. Or,

(d) The repair of such goods or the payment of the cost of having the goods repaired. Or,

(e) The payment of the cost of replacing the goods or acquiring equivalent goods.

14.8 You must be over 18 years of age to use this Website and to purchase any goods or services.