Terms and Conditions
These Terms & Conditions (“Terms”) are current on and from July 2022.
Welcome to The Therapy Collective! We want our customers to be completely satisfied with every purchase. We recommend that you read these Terms carefully, so you are familiar with the terms that apply to your purchase of our Products and Services.
1.The Therapy Collective online
(a) The website thetherapycollective.com.au (“Site”) is owned and operated by The Therapy Collective Pty Ltd ACN 611 942 397 as trustee for the AEV Practice Trust (referred as “The Therapy Collective”, “we”, “our” or “us”).
(c) If you do not agree, please do not use our Site or cease using our Site.
2.2 Change to Terms
(a) You agree that we may update these Terms at any time, by giving you notice in any of the ways mentioned in section 13.2.
(b) By giving you such a notice, your continued use of our Site will signify your agreement to and acceptance of the Terms as amended, with effect from that date.
3. Guests and registered users
(a) You may access or use our Site as a guest or register as an Account holder.
(b) To become an Account holder, you must:
i. provide your name, address, telephone number, valid email address and nominate a password; and
ii. be at least 18 years of age.
(c) You agree to keep your contact details current at all times by accessing your Account via the Site.
(d) You will receive an email from us as soon as practicable after you create your Account.
(e) You must not use another person’s Account without their permission.
(f) You must keep your password secure as you are responsible for any activity on your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or Account.
(g) If you forget your password for your Account, you may re-set that password by clicking on the relevant link on the Site and we will email you a new password.
(h) We reserve the right to terminate or suspend an Account without notice for any reason whatsoever including, without limitation, if we determine or suspect that you have breached these Terms.
4. Product Orders
(a) Representations of Products for sale by The Therapy Collective on the Site do not constitute an offer to sell, but instead an invitation to treat.
(b) When placing an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it, including providing us with:
i. your full name;
ii. a delivery address (which cannot be a PO Box and must be located in Queensland);
iii. a billing address (if different from your delivery address)
iv. your contact phone number and email address; and
v. any special delivery instructions.
(c) If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately at info@thetherapycollective.com.au at any time up until your Order has been dispatched. We cannot guarantee that we will be able to amend your Order in accordance with your instructions.
(d) We do not offer cancellations on Orders for made-to-order Products. We offer cancellations of your Order for Products other than made-to-order Products, provided you give us written notification to info@thetherapycollective.com.au of the cancellation within 24 hours of submitting your Order to the Site and your Order has not already been dispatched. We cannot guarantee that we will be able to cancel your Order in accordance with your instructions.
(e) Once you have placed an Order, you will receive a confirmation email from us. This email is only an acknowledgement, and will not constitute our acceptance of your Order.
(f) A contract for the purchase of Products will only be formed when:
i. you place an Order online for Products through our Site; and
ii. you confirm the details of your Order in accordance with the procedures on our Site; and
iii. you make payment in full of any amounts due and owing in respect of the Order in accordance with section 6 of these Terms; and
iv. you receive an email from us notifying you that your Order has been packed and has left our warehouse.
(g) Until a contract has been formed in accordance with section 4(f), we are not obliged to provide you with Products. Before this time, we may in our sole discretion refuse to accept an Order from you, refuse to process an Order or cancel an Order for any reason, including but not limited to:
i. unavailability of stock;
ii. an error in the advertised price for, or description of, the Products on our Site; or
iii. an error in your Order.
(h) If an Order is not accepted for any reason or a cancellation has been permitted under section 4(d) and we have received payment, we will organise a refund to be issued to you in accordance with section 9.
(i) If you have any enquiries about the progress of your Order, please contact us at info@thetherapycollective.com.au.
5. Booking Services
5.1 Booking Services
(a) Bookings for Services cannot be made by email. To book an appointment for Services, please call us on 1300 811 485 or book online at thetherapycollective.com.au.
(b) When booking an appointment for Services, you must follow the instructions on the Site as to how to make your booking and for making changes to your booking before you submit it, including providing us with:
i. your full name;
ii. your contact phone number and email address;
iii. your date of birth; and
iv. the details of your referrer.
(c) Once you have booked an appointment for Services, you will receive a confirmation email from us. This email constitutes acceptance of your booking. Your appointment has not been confirmed, and we are not obliged to provide you with the Services, until this confirmation email has been sent.
(d) We will send you an appointment reminder 24 hour prior to your appointment for Services.
5.2 Non-attendance and late cancellation
(a) If you cannot attend a scheduled appointment for Services, you must provide us with at least 48 hours’ notice.
(b) If you fail to attend a scheduled appointment for Services, we reserve our rights to charge a non-attendance fee and/or refuse to provide you with Services.
(c) We reserve our rights to charge a cancellation fee for late cancellations.
5.3 Acknowledgements given by you
(a) By making an appointment for Services you agree to comply with all relevant restrictions and guidelines imposed by public health authorities.
(b) By attending an appointment for Services, you warrant and represent to us that:
i. you have complied with all relevant public health mandates;
ii. you are well and are not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat or loss of taste or smell;
iii. you have not been in contact with a suspected or confirmed case of COVID-19; and
iv. you are not otherwise required to be self-quarantining.
6. Price & payment
(a) All prices for Products displayed on the Site are shown in Australian dollars and include GST where applicable. Prices (including delivery charges) are subject to change from time to time. We reserve the right to correct any errors published on our Site.
(b) Prices for Products displayed on the Site do not include delivery and handling charges. Delivery charges vary for each Product.
(c) Unless otherwise stated, any accessories shown in any images of any products are not included in the price.
(d) Once you select an in-stock Product that you wish to order, you will be shown on the Site the price payable by you in respect of that Product.
(e) You must follow the instructions on the Site to order a made-to-order Product. Once you have selected a made-to-order Product that you wish to order and have followed the instructions on the Site, we will provide you with a Tax Invoice for the price payable by you in respect of that made-to-order Product. All payments for made-to-order Products must be made in accordance with the terms of our Tax Invoice issued to you.
(f) No Product (whether in-stock or made-to-order) will be dispatched until receipt of payment by you in full.
(g) Once you have booked a Service in accordance with section 5.1, we will provide you with our estimate of the price payable by you in respect of that Service. Fees for Services are based on the length and complexity of the Services provided. All payments for Services must be made in full in accordance with the terms of our Tax Invoice issued to you.
(h) Payment for all Products and Services must be made in any of the following manners:
i. by credit or debit card;
ii. by direct debit;
iii. by PayPal or other secure payment gateway facilities (and will be subject to any terms and conditions of these providers);
iv. by another payment gateway (and will be subject to any terms and conditions of these providers).
7. Delivery of Products
7.1 Delivery
(a) Unless otherwise specified on the Site, our Products are available online only, and there is no in-store pick-up available.
(b) Subject to your compliance with these Terms and the formation of a contract under section 4(f), we will sell and supply the Products to you in accordance with your Order.
(c) The delivery address for all Orders must be an address within Queensland, Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes, or to addresses outside of Queensland.
(d) Products will not be dispatched until receipt of payment by you in full, in accordance with section 6.
(e) Subject to section 7.1(d), all Orders for in-stock Products will be dispatched to the specified delivery address within 5 Business Days of you placing an Order.
(f) Subject to section 7.1(d), all estimated manufacturing lead times displayed on the Site and any specific arrangements we make with you, Orders for made-to-order Products will be dispatched to the specified delivery address within 5 Business Days of the Product arriving at our warehouse.
(g) You will be required to be available in person to accept delivery of your Order.
(h) If you wish to change your delivery address, you may contact us by email at info@thetherapycollective.com.au any time up until you have been provided with a notice that your Order has been dispatched. We cannot guarantee that we will be able to change your delivery address in accordance with your instructions.
(i) We will not accept responsibility for delivery failures or delays which are caused by our manufacturers or delivery providers, or where you have provided us with an incorrect delivery address.
7.2 Unavailability or delays
(a) We aim to deliver Products to you within the timeframe indicated by us at the time of your Order and in accordance with these Terms, but we cannot guarantee any firm delivery dates.
(b) If any Product is unavailable for immediate delivery, The Therapy Collective will provide you with notice by way of email of such unavailability and the anticipated time of delivery.
(c) Other than in respect of delivery to regional or remote areas or delivery of made-to-order Products, if we are unable to deliver your Product within 20 Business Days of you placing an Order, we may (in our absolute discretion) cancel your Order and arrange a refund in accordance with section 9 for any payment that you have made.
7.3 Receiving delivery of Order
(a) You must ensure that you are able to take delivery of the Product without undue delay and at a time reasonably specified by us or our delivery partners.
(b) If delivery or collection is delayed by your unreasonable refusal to accept delivery or if you do not (within 2 weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do any of the following:
i. charge you for our reasonable storage fees and other costs reasonably incurred by us; or
ii. no longer make the Product available for delivery or collection and notify you that we are cancelling the contract (as formed under section 4(f)), in which case we will process a refund in accordance with section 9).
7.4 Title and Risk
(a) Unless otherwise specified:
i. title in the Product shall pass to you upon completion of delivery in accordance with sections 7.1 to 7.3; and
ii. all risk in the Product shall pass to you upon completion of delivery in accordance with section 7.1 to 7.3.
(b) If delivery is delayed by your fault, risk shall pass at the date when delivery would have occurred.
(c) From the time that risk passes to you, we will not be liable for loss or destruction of the Product.
(d) You must take care when opening the Product so as to not damage it.
8. Warranties
8.1 Our warranties
We warrant to you that we have full right and title to sell you the Products and provide you with the Services in accordance with these Terms.
8.2 Your warranties
You warrant to us that:
(a) you have full right and title to purchase Products and Services in accordance with these Terms; and
(b) you have complied with the obligations imposed on you in section 3 when creating your Account.
9. Exchanges, returns & refunds
9.1 Exchanges
Please choose carefully, as we do not offer exchanges of any Product for another Product.
9.2 Change of mind returns
Please choose carefully, as we do not offer change of mind returns for any Product.
9.3 Incorrect, damaged or faulty Products
(a) Products must be inspected by you upon delivery.
(b) If any Products appear to be incorrect, damaged or faulty on delivery, please contact us by email at info@thetherapycollective.com.au and provide us with:
i. a description of the Product and damage or fault (if any);
ii. photographs of the Product and damage or fault (if any);
iii. your shipping details (including address and date of delivery); and
iv. your Order number,
as soon as possible (and not longer than 24 hours from receiving the Order).
(c) Once we have considered your notification then we may, in our sole discretion, provide you with:
i. a refund for the full price paid for the Product;
ii. a replacement of the Product for the same Product; or
iii. a free repair of the Product.
9.4 Repairs
(a) You must accept a free repair if we offer that to you.
(b) We will take all reasonable endeavours to collect a Product for repair within 10 Business Days of receipt of notification from you or such other reasonable time period. Where the Product to be repaired is under warranty, we will collect the Product at our own cost. Where the Product to be repaired is not under warranty, we will collect the Product at your cost.
(c) On receiving your Product for repair, the Product will be assessed within a reasonable timeframe. Where we determine that the damage or fault in relation to a Product is not covered under warranty, the repair will be at your cost. We will provide you with a Tax Invoice for the price payable by you in respect of the repair, which must be paid by you in accordance with its terms. We will not repair a Product that is not covered under warranty until receipt of payment by you in full.
(d) Subject to section 9.4(c), the Product will be repaired within a reasonable timeframe. You may be provided with an indicative time frame for the repair, which may vary due to reasons beyond our control.
9.5 Returns
Where a return is made due to a Product being incorrect, damaged or faulty under section 9.3(c), we will make all arrangements for and bear all costs associated with return shipping or transportation of the Product.
9.6 Replacements
If you are entitled to a replacement of a Product in accordance with section 9.3(c), then we will:
i. arrange for a Product of an identical type to be delivered to you; and
ii. collect the faulty Product at our own cost.
9.7 Refunds
(a) A full refund will be provided in the following circumstances:
i. your Order is not accepted for any reason or we have agreed to cancel your Order as per section 4(h);
ii. a Product is unavailable for delivery as per section 7.2(c); and
iii. where a Product is incorrect, damaged or faulty and we have elected to provide you with, and you have accepted receipt of, a refund in section 9.3(c).
(b) You are not entitled to a refund in the following circumstances:
i. you found the same or a similar product cheaper somewhere else; or
ii. any other reason not otherwise specified.
(c) A refund will ordinarily be processed within 5 Business Days of us receiving the returned Product using your original payment method.
10. Privacy Policy
(a) We do not provide your personal information to third parties for their marketing purposes without your explicit consent.
(b) We do not transfer or store your personal information at a destination outside of Australia, but our third party service provider may. By accepting these Terms you expressly acknowledge, consent and agree to the disclosure, transfer, storing or processing of any of your personal information outside of Australia.
(c) The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of personal information outside of Australia do not breach the privacy principles contained within Privacy Act.
(d) We acknowledge the importance of protecting personal information and have taken reasonable steps, to ensure that any personal information is used by third parties securely and in accordance with the terms of these Terms, the Site Terms of Use and our Privacy Policy.
11. Disclaimer and limitation of liability
11.1 Acknowledgement
You agree that:
(a) we have not, and nor has anyone on our behalf, given any warranty or made any representation to you as to the quality, fitness for any particular purpose, suitability or condition of any Product or Service except as expressly provided in these Terms;
(b) the information contained on the Site is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site and the information, Products and Services contained on it;
(c) you have made your own assessment, and obtained your own professional advice, in relation to the appropriateness of any Product or Service available on the Site for use by you; and
(d) you have read and will follow all directions for use provided or otherwise made available by us in respect of any Product.
11.2 Disclaimers
(a) You acknowledge and agree that, despite all reasonable precautions on our part, we exclude all Liability to you or anyone else for Loss or damage of any kind (howsoever caused or arising) relating in any way to your purchase, including but not limited to any Loss or damage you may suffer as a result of:
i. any Loss of or damage to the Product you have purchased where we are not responsible for such Loss or damage;
ii. any damage to property or death of, or injury to, any person caused directly or indirectly by any Product supplied or Service performed by us; and
iii. the unavailability of any Product or Service displayed on the Site,
and you acknowledge that the existence of any of the above in section 11.2(a) will not be a breach of this agreement.
11.3 Implied terms
(a) In relation to the provision of the Products and Services, to the maximum extent permitted by law, all terms, conditions, warranties, guarantees, indemnities and statements (whether express, implied, written, oral, collateral, statutory or otherwise) which are not expressly set out in these Terms are excluded and, to the extent they cannot be excluded, we disclaim all liability in relation to them.
(b) Notwithstanding section 11.3(a), nothing in these Terms excludes liability for:
i. a compulsory consumer guarantee which applies under the Australian Consumer Law and which cannot be excluded, restricted or modified and as applicable to any Product or Service; or
ii. any other term which cannot lawfully be excluded,
and such terms will apply, save that our Liability for breach of any such term will be in accordance with the remainder of this section 11.
11.4 Consequential Loss
To the maximum extent permitted by law, we (and any of our Related Entities) do not accept responsibility for any Loss or damage (whether in contract, tort, statute or otherwise) for any consequential, incidental, special, exemplary or indirect damages of any kind, or for any loss of profits, revenue or opportunity arising out of or in connection with this agreement, your use of this Site or reliance on any information contained in this Site, or use of any linked web site, however caused, even if we have been advised of or should have known the possibility of such damages.
11.5 Limitation of liability
(a) To the extent we are held liable in connection with these Terms (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability will be limited (at our option) to any one or more of the following:
i. re-supplying the Product or Service to which the liability relates or the supply of an equivalent Product or Service; or
ii. refunding (subject to the cap on liability in this section) the amount you paid for the relevant Product or Service under these Terms.
(b) This limitation of liability extends to Loss, damage or personal injury caused directly or indirectly by your access to or inability to access the Site and your reliance on any information provided on the Site, even if we have been advised of the possibility of such damages or injury.
(c) Despite anything else in these Terms, to the extent that we are liable in connection with these Terms (whether in contract, under a right of indemnity, tort or statute), our cumulative liability in the aggregate (to the fullest extent permitted by law) will not exceed the amount you paid for the relevant product under these Terms.
12. Your Indemnity
(a) You agree to indemnify us and our Related Entities and agents from all Claims, Liabilities and expenses (including legal fees) that arise from
i. your breach of these Terms;
ii. your breach of any warranty given to us in connection with these Terms;
iii. your breach of any applicable law or third party rights.
(b) We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
13. Miscellaneous
13.1 Governing Law; Jurisdiction
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of Queensland, Australia.
13.2 Notices
(a) You can give us notice under these Terms by email at info@thetherapycollective.com.au.
(b) We can give you notice under these Terms by emailing you at the address you provide in your Account.
(c) You agree to keep your contact information up-to-date, and understand that we will have no way of notifying you if your contact information is not current.
13.3 Assignment
(a) You must not assign, transfer or novate all or any part of its rights or obligations under or relating to these Terms or grant, declare, create or dispose of any right or interest in it, without the prior written consent of each other party.
(b) The Therapy Collective may assign, transfer or novate all or any part of its rights or obligations under or relating to these Terms in its sole discretion and without prior notice to you.
13.4 Severability
If a provision of these Terms is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
13.5 Variation
We reserve the right to amend these Terms at any time. An amendment or variation to these Terms is effective from the date it is published on the Site.
13.6 Waiver
(a) A party’s waiver of a right under or relating to these Terms, whether prospectively or retrospectively, is not effective unless it is in writing and signed by that party.
(b) No other act, omission or delay by a party will constitute a waiver of a right.
13.7 Your responsibility
It is your responsibility to:
(a) make your own enquiries and an independent decision before forming an opinion or taking any action based on the information contained in our Site; and
(b) ensure that the Product you wish to purchase or Services you wish to procure are sufficient and suitable for your purposes and meet your individual requirements.
14. Definitions & interpretation
14.1 Definitions
In these Terms:
Account means an account in your name that you register on our Site.
Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day which is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
Claim means, in relation to a person, any action, allegation, claim, demand, judgment, liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether:
(a) it is present, unascertained, immediate, future or contingent;
(b) it is based in contract, tort, statute or otherwise; or
(c) it involves a third party or a party to this agreement.
Liability means any liability, debt or obligation, whether actual, contingent or prospective, present or future, qualified or unqualified or incurred jointly or severally with any other person.
Loss means any loss (including consequential loss under section 11.4), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.
Order means the order submitted by you to the Site to purchase Products from us.
Privacy Policy means our Privacy Policy available at this <link>.
Products means the products supplied by us as described on the Site from time to time.
Related Entity means a person which is a related entity within the meaning of that term in section 9 of the Corporations Act 2001 (Cth).
Services means the services provided by us as described on the Site from time to time.
Site Terms of Use means our Site Terms of Use available at this <link> which govern the supply of any Products or Services ordered by you on the Site and your use of the Site.
Tax Invoice means a document that complies with the requirements of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) for a tax invoice.
1.2 Interpretation
(a) Unless the contrary intention appears, a reference in these Terms to:
i. these Terms or another document includes any variation or replacement of it despite any change in the identity of the parties;
ii. one gender includes the others;
iii. the singular includes the plural and the plural includes the singular;'
iv. a person, partnership, corporation, trust, association, joint venture, unincorporated body, Government Body or other entity includes any other of them;
v. an item, recital, section, sub-section, paragraph, schedule or attachment is to an item, recital, section, sub-section, paragraph of, or schedule or attachment to, this agreement and a reference to this agreement includes any schedule or attachment;
vi. a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
vii. any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
viii. money is to Australian dollars, unless otherwise stated; and
ix. a time is a reference to Brisbane time unless otherwise specified.
(b) The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
(c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(d) Headings and any table of contents or index are for convenience only and do not affect the interpretation of this agreement.
(e) A provision of this agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of this agreement or the inclusion of the provision in this agreement.
1.3 Parties
(a) If a party consists of more than one person, this agreement binds each of them separately and any two or more of them jointly.
(b) An agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them separately.
(c) An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and each of them separately.