TERMS OF SERVICE

These are our Terms of Service (“Terms”) which apply to all customers of The Practice Collective [ABN 12738079347] (“we, us, our”).  By using our Website and Services, you are agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). “You” could be any client or customer of ours. If you disagree with any part of the terms and conditions, please do not continue with your purchase. 

BEFORE PURCHASE

Things you need to do before purchasing Products on our Website

Before you buy anything from our Website, please note:

  1. You need to be over 18 years old or have parental consent;
  2. You are requested to provide us with complete and accurate information and promptly inform us if anything changes;
  3. You need to use any special offers, gift codes or coupons at the time of purchase; they cannot be applied after the fact;
  4. Ensure you have adequate technology set up and internet access to receive any digital products; and
  5. Once you place an order, particularly those of a digital nature, we cannot cancel the order.

Acknowledgements you make when purchasing on our Website

Whilst we aim to do our best, there may be:

  • Occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
  • Colour differences, so that the colours and images of Products we display may be different on your screen from the colours and images of the actual Products;
  • Technical problems accessing the Products; and
  • Some Products with limited quantities, and some sales that are limited to certain regions or groups of people.

Unless otherwise expressly stated on the Website, any purchase made for a Product does not include any support of any kind.  You acknowledge that we are not required to provide support services at all.  If you require support or assistance and we agree to provide it, we are entitled to charge additional fees and costs for the provision of such services and you agree to pay those in addition to the purchase price. 

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.

Where payments for Products are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided.

Acknowledgements you make in relation to Intellectual Property and Copyright

The Practice Collective and its licensors own and will retain all intellectual property and copyrights to this Product and any other property supplied by us.  You may not sell, share or distribute all, any part of, or any derivative of this Product or any of our intellectual property except as expressly authorised in these Terms and Conditions. The Product is protected by Australian copyright law. Unauthorized reproduction, modification, sale or distribution is strictly prohibited.

You agree you will not re-engineer any of the intellectual property of The Practice Collective. 

You have a conditional and revocable license to use intellectual property of ours in association with the use of the Product but only to the extent required by you to use the Product in your business.  You do not have the right, and must not, sublicense, resell or otherwise allow any third party to use, reproduce or modify the intellectual property or Product.

AFTER PURCHASE

Things you need to know after purchasing on our Website

After purchasing a Product from our Website, please note:

  1. If you have late, stolen or damaged deliveries, please contact Australia Post or the courier company directly;
  2. In relation to the use of physical Products, please follow the manufacturer’s or our instructions in relation to the Product;
  3. If you have any issues with the Physical and/or Digital Product, if you cannot download or access a Product, please contact us by email at info@thepracticecollective.com.au within 48 hours;
  4. Ensure the confidentiality of your account login and password when accessing the Products;
  5. You must not reproduce, duplicate, copy, sell, re-sell or exploit the Products in any way;
  6. You require our prior written consent before publishing information about us; and
  7. Should there be a dispute, please keep all communications confidential.

Restrictions 

Your rights to the use of this Product is limited in the following manner, in addition to any other restrictions provided in this Agreement or by law:

  1. You may not post the Product, depiction or portion thereof online or place the Product or Derivative Work online in a downloadable format or as an editable web-to-print template, whether or not you represent the Product as the work of EHTS or others, or offer the Product or Derivative Work for sale or other such distribution without obtaining a special license or written permission to do so from EHTS.
  2. You may not falsely represent, expressly or implied, that you are the original creator of the Product.

FEEDBACK

We love hearing from our customers about their experiences with our Products. If you have any photos, videos, testimonials and/or case studies we would appreciate you sharing them with us.  We may use this feedback for marketing and information purposes, publications, exhibitions and professional awards across print or digital mediums including our social media channels.

Please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@thepracticecollective.com.au

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website and store

Except as required by law, we may change shipping information, availability, Product information, prices, promotions and any other information on our Website.

The areas we deliver to are those that are published on our Website. These areas may change from time to time as we are able to service a larger area. Upon receipt of payment and the successful completion of any associated Work, we will initiate the delivery process for your Products. Depending on the type of Product, your Product/s will be provided as an instant download or dispatched through Australia Post or a trusted courier service. Delivery times will depend on your location and any selected delivery option. Any international customers are responsible for any custom and import duties.

We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturers or our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.

If we need to cancel your order, we will provide a refund

On occasion, we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will contact you to determine if you would like a substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where any order appears to be by resellers or distributors without permission.

We can refuse to serve you and sell Products at any time

We may cease operation of our business and Website at any time.

We may, in some circumstances, prevent you from using our Website and Services or purchasing any of our Products if you breach this Agreement.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, including any health information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

  1. The replacement of the Products or the supply of equivalent Products; or
  2. The payment of the cost of replacing the Products or of acquiring equivalent products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to any breach of Intellectual Property Rights. You indemnify us against any and all Loss or Damage which we may suffer as a result of any Claims arising out of or in connection with a breach of this Agreement.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in relation to any Force Majeure Event.

DISPUTES

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of Queensland, Australia, and you and we submit to the jurisdiction of the courts of Queensland, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these Additional Terms and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content means any or any other content or information you provide to us.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

Products means any product available through our Website and includes any digital products including templates and resources tailored for occupational therapists and non-perishable physical products including but not limited to mugs, t-shirts and notebooks.

We, us, or our means Enhanced Health Therapy Services Pty Ltd t/as The Practice Collective [ABN 12738079347] and includes any of our directors, officers, employees, agents, partners, and contractors.
Website and Services means www.thepracticecollective.com.au  and everything available on this website including, but not limited to, all Products and any services.

Work means all research and development work we undertake for you to create the bespoke digital products.

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