Site Terms of Use
These Site Terms of Use (“Terms of Use”) are current on and from July 2022.
1. Purpose
Welcome to The Therapy Collective! We want our customers to be completely satisfied with every purchase. We recommend that you read these Terms of Use carefully, so you are familiar with the terms that apply to your purchase of our products and services, and you access to our website.
The website www.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”).
These Terms of Use govern the supply of any products or services ordered by you on the Site and your use of the Site.
2. Acceptance of Terms of Use
2.1 Agreement
(a) We strongly recommend that you read these Terms of Use in their entirety.
(a) You agree that we may update these Terms of Use 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 of Use as amended, with effect from that date.
2.3 Use of Site
As a condition of your use of our Site, you warrant that:
(a) you will only use the Site in accordance with these Terms of Use and any applicable laws;
(b) you are at least 18 years of age and capable of entering into these Terms of Use;
(c) you will not (and will not attempt to):
i. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
ii. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
iii. interfere (or attempt to interfere) with security-related or other features of the Site;
(d) all information you supply to us is true, accurate, current and complete;
(e) you are solely responsible for the activity that occurs on your Account (including Orders placed and services requested using your Account);
(f) you must keep your Account password secure; and
(g) you must not link our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to in a way that suggests or implies that you have any kind of association and affiliation with us, or approval and endorsement from us, that you do not have.
3. Site availability
3.1 Security
You are solely responsible for your use of the Site and all activities that occur in connection with your Account. If you suspect that your password or Account are no longer secure you agree to:
(a) notify us immediately of any unauthorised use of your Account; and
(b) change your password.
3.2 Suspension
We may suspend (in part or whole), and without prior notice to you, your Account or access to the Site for any reason whatsoever, including without limitation, if:
(a) there is a malfunction, fault or breakdown of any equipment we use, or any repairs, maintenance or services are required;
(b) we are required to do so by law;
(c) an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide the Site and any related services;
(d) you engage in conduct prohibited under these Terms of Use;
(e) someone claims that the Site infringes their Intellectual Property Rights;
(f) someone makes a Claim that exposes us to Liability; or
(g) we determine or suspect that you have breached these Terms of Use.
A suspension for any of these reasons will not affect any right which accrues prior to, or after, suspension of our obligations under these Terms of Use.
3.3 Fraud; suspicious activity
If you have engaged in any fraudulent activity in connection with the Site, we may take any of the following actions as we determine are reasonable:
(a) suspend or deactivate your Account;
(b) cancel any purchase made on your Account;
(c) notify any affected persons or third parties; and
(d) take any legal action we deem necessary and you may be Liable for any Loss we incur, including litigation costs and damages.
If you wish to contest the cancellation of a purchase made on your Account or the suspension or deactivation of your Account, please contact us by email at info@thetherapycollective.com.au.
3.4 Downtime and limitations
You acknowledge and agree that:
(a) access to the Site may occasionally be disrupted due to Scheduled Maintenance;
(b) access to the Site is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or equipment used to access the Site; and
(c) although we will use reasonable endeavours to ensure you have continuous access to the Site, we are not be liable to you or any other person for any Loss or damage caused by any disruption to or loss of access to the Site, or functionality of the Site.
4. Information on the Site
Unless otherwise stated, we take all reasonable steps to ensure that the product descriptions, inclusions or exclusions, images and availability are correctly presented on our Site.
5. Your obligations
(a) You agree to comply with these Terms of Use, and the obligations imposed on your use of the Site in section 2.2.
(b) You must not:
i. post any material, content or comments, or do anything which is unlawful, offensive, abusive, indecent, defamatory, vulgar, derogatory, inappropriate or menacing, or in breach of any rights of others;
ii. cause annoyance, inconvenience or needless anxiety to others; or
iii. post commercial advertisements or promotional material.
(c) We reserve our rights to delete any of your post(s), content or any comment(s), and suspend your access or immediately terminate your Account if, in our sole opinion, you breach your obligations under these Terms of Use or the above prohibitions in section 5(b).
6. Your indemnity
(a) You agree to indemnify us and our Related Entities (as that term in defined under the Corporations Act 2001 (Cth)) and agents from all Claims, Liabilities and expenses (including legal fees) that arise from:
i. your breach of these Terms of Use;
ii. your breach of any warranty you have provided to us under these Terms of Use;
iii. your breach of any applicable law or third party rights; and
iv. your use (including misuse) of the Site.
(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.
7. Intellectual property rights
(a) We retain ownership of the Site, the content on the Site and any copyright, trade marks and other Intellectual Property Rights that are created or subsist in the Site. All Intellectual Property Rights in the Site (including text, graphics, logos, icons, sound recordings and software) are owned by (or licensed to) us.
(b) You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
(c) Our Site is protected under the Copyright Act 1968 (Cth) and international copyright and other laws governing the protection of Intellectual Property Rights. You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these Terms of Use):
i. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this Site generally; or
ii. commercialise any works or other subject matter, information, products or services obtained from any part of this Site, without our written permission.
(d) All brand, product and service names used in the Site are the trade marks of us or third parties who have licensed us to use their trade marks. You are not allowed to use or reproduce any such trade marks, and you may only use such trade marks for accessing, viewing and/or interacting with this Site.
(e) Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site.
(f) You grant to us a perpetual, worldwide, royalty-free, transferable, licencesable and sub-licensable, irrevocable right to use, copy, modify, distribute, publish and process any content that you post in use of the Site.
(g) You give us your complete and genuine consent to our use of all or any portion of any content that you post in use of the Site, even if such use by us would otherwise be an infringement of your moral rights (as that term is defined in the Copyright Act 1968 (Cth)).
8. Links to third party websites
For your convenience, the Site may provide links or references to external websites or applications. We do not control or endorse those external websites or applications, and are not responsible or Liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
9. Cookies
(a) We use “cookies” when you visit our Site. It is a technology that enables us to operate an efficient service and track the patterns of behaviour of visitors to the Site. There are four main types of cookies, including:
i. Site functionality cookies – these cookies allow you to navigate the Site and use our features, such as “Add to Bag” and “Add to Wishlist”;
ii. Site analytics cookies – these cookies allow us to measure and analyse how our customers use the Site, to improve both its functionality and your shopping experience;
iii. Customer preference cookies – when you are browsing or shopping on The Therapy Collective, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you; and
iv. Targeting or advertising cookies – these cookies are used to deliver marketing and advertising materials that are relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.
(b) By using our Site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the Site in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, you user experience may be affected and you might not be able to take advantage of certain functions of our Site.
(c) Notwithstanding any other provision in these Terms of Use, we may also engage a third party service provider who may combine your information with information from other sources, and may place or recognise a unique cookie on your browser for the purpose of identifying users and delivering to them interest-based content and advertisements.
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 service providers may. By accepting these Terms of Use 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 of Use, our Terms & Conditions and our Privacy Policy.
11. Customer service
If you have a complaint, wish to request a refund, want to know how to return an item or have any other enquiry, please refer to our Terms & Conditions <link>.
12. Disclaimer and our limitation of liability
12.1 Disclaimers
(a) Any Liabilities which may arise under or in respect of our Terms & Conditions sit separately to and are not affected by any liability that may arise under or in respect of these Terms of Use.
(b) We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
(c) 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. You must make your own assessment, and obtain your own professional advice, in relation to the appropriateness of any product or service available on the Site for use by you.
(d) 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 the Site, including but not limited to Loss or damage you may suffer as a result of:
i. any errors, mistakes or inaccuracies on the Site;
ii. you acting or failing to act on any information contained on or referred to on the Site and/or any third party websites;
iii. personal injury, death or property damage of any kind resulting from your access or use of the Site;
iv. any fraud in connection with the Site or your Account;
v. any unauthorised access to or use of the Site’s secure servers;
vi. any interruption or cessation of transmission to or from the Site;
vii. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site to any third party; and/or
viii. the quality or fitness for any purpose of any third party websites, and you acknowledge that the existence of any of the above will not be a breach of these Terms of Use.
12.2 Implied terms
(a) To the full extent permitted by law,
i. any term which would otherwise be implied into these Terms of Use is excluded (subject to section12.2(b)); and
ii. you acknowledge that we provide the Site on an ‘as is, where is’ basis, and we make no warranties or representations, express or implied, as to the Site (and any information or documentation provided in connection with it).
(b) Notwithstanding section 12.2(a)(1), nothing in these Terms of Use excludes liability for:
i. a compulsory consumer guarantee which applies under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified and as applicable to any product; 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 12.
12.3 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 these Terms of Use, your use of this Site or reliance on any information contained in this Site, or use of any linked website, however caused, even if we have been advised of or should have known the possibility of such damages.
12.4 Limitation of liability
(a) 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.
(b) Despite anything else in these Terms of Use, to the extent that we are liable in connection with these Terms of Use (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 AUD$10 under these Terms of Use.
(c) The parties acknowledge and agree that the foregoing provisions represent a reasonable allocation of risk and that the parties would not enter into these Terms of Use absent such provisions.
13. General
13.1 Governing Law; Jurisdiction
These terms will be governed by and construed in accordance with the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
13.2 Notices
(a) You can give us notice under these Terms of Use by email at info@thetherapycollective.com.au.
(b) We can give you notice under these Terms of Use 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 your rights or obligations under or relating to these Terms of Use or grant, declare, create or dispose of any right or interest in it.
(b) The Therapy Collective may assign, transfer or novate all or any part of its rights or obligations under or relating to these Terms of Use in its sole discretion and without prior notice to you.
13.4 Severability
If any of these Terms of Use, or any part of them, is or are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
13.5 Variation
An amendment or variation to these Terms of Use is effective from the date it is published on the Site.
13.6 Waiver
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
14. Definitions and interpretation
14.1 Definitions
Account means an account in your name that you register on our Site.
Business Day means a day which is not a Saturday, Sunday or a public holiday in Brisbane, Australia.
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 these Terms of Use.
Exceptional Circumstance means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstances include:
(a) adverse changes in government regulations;
(b) any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires, pandemic and any natural disaster;
(c) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;
(d) strikes or industrial disputes;
(e) materials or labour shortage; and
(f) acts or omissions of any third party network providers (such as internet, telephony or power provider).
Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions, plant breeder’s rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
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 12.3), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.
Order means any order submitted by you to the Site to purchase products or services from us.
Scheduled Maintenance means preventative or emergency maintenance in relation to any hardware, software, platform or communications network used, or relied upon, to make available the products and Site.
1.2 Interpretation
(a) Unless the contrary intention appears, a reference in these Terms of Use to:
i. these Terms of Use 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, these Terms of Use and a reference to these Terms of Use 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 these Terms of Use.
(e) A provision of these Terms of Use must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of these Terms of Use or the inclusion of the provision in these Terms of Use.
1.3 Parties
(a) If a party consists of more than one person, these Terms of Use 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.