Customer Agreement

By using this Website and in exchange for us giving access to it, you agree to the following Terms, which, together with the Privacy Policy, cover your use of the Brainphoria Platform. This document forms a contract between us and you.

Background

1. Brainphoria Pty Ltd (Brainphoria, we, us, our) operates an online health platform dedicated to the provision of services for patients, customers, and other users (you, your, yours).

2. Brainphoria provides services through the Brainphoria website (www.brainphoria.com.au) (Website). Brainphoria’s services include:

   • Facilitating communications (including advice and consultations, where applicable) between you and Affiliated Health Advisers.
   • Providing or facilitating the following services and products:
     • Providing access to the Brainphoria Platform which contains:
       • Certain records of your communications with Third-Party Practitioners and pharmacists from Third Party Pharmacies and other medical information including pathology test results.
       • Support information and services including individual support, tracking functions, analytical insights, news, and information about various health conditions and nutritional topics.
     • Facilitating the fulfilling by, and your purchase from, Third Party Pharmacies of tailored custom-made nutritional supplements (tailored supplements) and manufactured nutritional supplements (manufactured supplements) and related products.
     • Selling and supplying to you via the Brainphoria Platform, including facilitating the delivery to you of other products (including products manufactured on our behalf).

Acceptance of this Document

3. Each time you access or use the Brainphoria Platform (including the use of any of the Services), you acknowledge and warrant that you have read, understood, and agree to be bound by this document (Terms).
   • If you do not agree to the Terms, you must immediately exit the website and not access or use the Brainphoria Platform and the Services provided by us.
   • We reserve the right to:
     • Terminate, block, or suspend any user of its Brainphoria Platform, and to modify or remove any material uploaded, posted, transmitted, or otherwise made available on the Brainphoria Platform by any user, without notice, including in the event of non-compliance with the Terms.
     • Refuse to provide or supply you with any goods or services offered by, on behalf of, or in connection with, us.
   • From time to time, we may review and update the Terms. Any variation to the Terms will take effect from the date of publication on the Platform(s), and your continued use of the Services following that date will indicate that you intend to be bound by those varied terms (subject to cl 2(e)).
   • If you purchase a Service, we will request that you reconfirm your agreement to these Terms. The Terms which apply at the time you request or receive a Service are those that govern your access to that Service. Any changes to the Terms do not affect rights and obligations that arose prior to the changes.

Customer Account

General Provisions

4. The Services provided through the Brainphoria Platform are only available to individuals who:

   • Are over 18 years old (or, are between 12 to 18 years old but at all times use the Services only through their parent or guardian who makes clear to the Brainphoria Platform that they manage the account on behalf of the user and attend all consultations with the user).
   • Reside in Australia.
   • Access the Services within Australia.
   • Are capable of entering a legally binding agreement with us.
   • Agree to these Terms and our Privacy Policy.
   • Customers may be given the option to create an account on the Brainphoria Platform. In such case, the customer will be required to create a password and keep it secure. In order to help keep your personal information secure, if you suspect your account has been subject to unauthorized use you must immediately notify us and change your password.

5. If and when you register for an Account you will provide us with personal information about you, including your name, age, date of birth, gender, contact details, and sensitive information, such as health information. We will handle your personal information in accordance with our Privacy Policy.

   • You agree that all information you provide via the Brainphoria Platform (including to Third-Party Practitioners, Affiliated Health Advisers, Third Party Pharmacies, and Third-Party Practitioners) will be true, accurate, up-to-date, and complete and that you will not omit any information that is requested of you, or that a reasonable person would consider relevant to the Services you seek. You acknowledge that if you provide misleading information, or omit to provide relevant information, the Services you receive may not be appropriate for you and the Third-Party Practitioners, Affiliated Health Advisers, and Third Party Pharmacies will rely on the information supplied by you to inform their clinical decision-making.

Decision to Not Provide Services to You

6. We reserve the right to not provide, or to withdraw the provision of, any Services to you in circumstances including where, at any time:
   • A Third-Party Practitioner or pharmacist from a Third Party determines that you are clinically ineligible or unsuitable for the Services.
   • You have breached these Terms.
   • You indicate that you do not wish to use the Services.
   • Your behavior on the Brainphoria Platform, or towards a Third-Party Practitioner, Affiliated Health Adviser, Third Party Pharmacy, or one of our employees or contractors, is abusive or otherwise unacceptable as reasonably determined by our Director.

Services Provided by Third-Party Practitioners and Affiliated Health Advisers

Consultations with Third-Party Practitioners and Pharmacists from Third Party Pharmacies

7. When you undertake a consultation with a Third-Party Practitioner or a pharmacist from a Third Party Pharmacy, you enter into a practitioner-patient treatment relationship with that Third-Party Practitioner or pharmacist from the Third Party Pharmacy.
   • We are not a party to that relationship and are not liable for any services (including the provision of health advice and the prescribing of supplements) provided as part of that relationship.
   • Third-Party Practitioners and pharmacists from Third Party pharmacies are independent of Brainphoria and are solely responsible for the healthcare services they provide to you, including compliance with standards of care, record-keeping, and other professional obligations, as well as compliance with relevant privacy laws. They have the same obligations to you as if they were consulting you in person.
   • The Services do not include general medical or clinical advice, and in using the Services accept that the clinical advice made available through the platform is not comprehensive medical care. The Services are confined to assessing your suitability:
     • For the program.
     • For clinical advice as part of the program.
     • For the issuing of prescriptions for supplements by a Third-Party Practitioner.
   • The Third-Party Practitioner or pharmacist from a Third Party Pharmacy who provides you with advice does not replace the role of your general medical practitioner or specialist practitioner outside the Brainphoria Platform.
   • Once you have subscribed to our Services, while we endeavor to ensure any consultation is with your preferred Third-Party Practitioner, Brainphoria has the discretion to refer you to any Third-Party Practitioner that is available in the times you require. You may decline to participate in that consultation.
   • If required, a Third-Party Practitioner will assess and discuss with you any appropriate tailored supplement program. The Practitioner will consider whether a tailored supplement program is appropriate and may refuse to prescribe a tailored supplement program to you, issue you a prescription for supplements, and/or provide any other services. You should not expect that any particular treatment or supplement will be made available to you.
   • We do not guarantee that the consultation with a Third-Party Practitioner or a pharmacist from a Third Party Pharmacy is suitable for you or is the appropriate course of treatment for you.
   • You accept that the consultation using the Platform will be facilitated through online communication and will not be face-to-face. Accordingly, the online consultation has some limitations arising from the Third-Party Practitioner or pharmacist from a Third Party Pharmacy not being able to conduct a direct examination of you. You accept that limitation, and the risk arising from it, principally that the course of treatment recommended for you might have been different had the consultation taken place in person.
   • The Third-Party Practitioner or pharmacist from the Third Party Pharmacy will be solely responsible for asking you health and related questions to determine your suitability for the Services.
   • The Third-Party Practitioner or pharmacist from the Third Party Pharmacy will be solely responsible for determining:
     • Whether or not a consultation through the Brainphoria Platform is appropriate for you.
     • Whether or not the tailored supplements are appropriate for you.
     • What health services are recommended (if any).
   • We take no responsibility and make no warranties, express or implied, in relation to any aspect of the conduct of the consultation between you and a Third-Party Practitioner and pharmacist from a Third Party Pharmacy (including any professional, clinical, or health advice provided, prescriptions given, and/or tailored supplements prescribed or recommended by a Third-Party Practitioner).

Prescriptions Issued by Third-Party Practitioners

8. A Third-Party Practitioner may, subject to their clinical discretion, issue a prescription with or without a particular number of repeats with your informed consent.
   • If a Third-Party Practitioner prescribes you a tailored supplement that is to be compounded in a pharmacy, the Third-Party Practitioner is obliged to advise that it is compounded and that consequently, it has not been reviewed for safety, quality, or efficacy by the Therapeutic Goods Administration and does not appear in the Australian Register of Therapeutic Goods.
   • The fact that a Third-Party Practitioner prescribes you a particular tailored prescription does not constitute a representation that that tailored supplement will be able