TERMS AND CONDITIONS

 

Welcome to www.reclaimtherapy.com.au (our Website).

 

This Website provides an online portal designed to educate individuals on how they can improve their life through occupational therapy. The online education portal is provided by Janelle Arnold trading as Reclaim Therapy (Reclaim Therapy, we, us, our).

 

These Terms and Conditions (Terms) govern your use of this Webite, as well as Reclaim Therapy’s products and services, and form a binding contractual agreement between you and us.

 

These Terms are important and you should ensure that you read them carefully and contact us at ask@reclaimtherapy.com.au if you have any questions before purchasing our products or engaging our services.

 

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

 

 

ACCEPTANCE OF TERMS

 

  1. By accessing and viewing our services and products offered on our Website, whether or not you purchase our services and products, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

  2. We may change all or part of these Terms at any time.  If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the product and services.

 

 

GENERAL DISCLAIMER

 

  1. All Reclaim Therapy products and services available on this Website are intended for general education and information purposes only and do not guarantee any specific results. Should you require specific, bespoke assistance regarding occupational therapy and/or training, please contact us at ask@reclaimtherapy.com.au.  

  2. Nothing on this Website, or any of the content provided to you by us during our provision of the products and services, purports to offer legal, financial, tax or other professional advice.

  3. While Reclaim Therapy provides the tools, strategies and guidance for you to implement effective occupational therapy and training to your home, the successful application of these tools, strategies and guidance is dependent on many factors such as subjective interpretation, participation, motivation and your overall health. You acknowledge and agree that Reclaim Therapy, it’s employees and representatives are not responsible for decisions that you may make, nor any consequences, undesired or otherwise, that may flow from your implementation of the tools and strategies.

RESTRICTED USE

 

  1. Unless you register as a member of this Website, you are provided with access to this Website for your personal use only. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited elsewhere in these Terms. Without limiting the foregoing, you may not without our written permission on-sell any information or documents obtained from this Website.

 

 

YOUR OBLIGATIONS

 

  1. You must make Reclaim Therapy Staff aware of any of your (or the clients) existing medical conditions and warrant that you have answered all questions asked by Reclaim Therapy regarding your (or the clients)  medical history truthfully.  You acknowledge that Reclaim Therapy will be relying on your disclosures and answers in order to provide the most effective therapy and educational services.  Any information collected in response to these questions will be monitored in accordance with our Privacy Policy.

  2. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Website or any related page such as on Facebook or any other medium any of the following:

  3. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

  4. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

  5. Information that includes personal or identifying information about another person without that person’s consent.

  6. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.

  7. Any information or content that impersonates any person or entity.

  8. Any material, non-public information about companies without authorisation to do so.

  9. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

  10. By posting or otherwise publishing Your Content on our Website or other associated site, you:

  11. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

  12. Warrant that you have the right to grant the above licences;

  13. Warrant that Your Content does not breach these Terms; and

  14. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

  15. We reserve the right (but have no obligation) to:

  16. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

  17. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

 

IN-HOME SERVICES

 

  1. For the purposes of the paragraphs below, in-home services and other face-to-face consulting services provided by Reclaim Therapy will be referred to as ‘In-Home Services’.

  2. You promise to be cooperative and responsive, and follow any instructions provided by Reclaim Therapy in the provision of our services.  You alone are responsible for implementing any advice we provide to you.  Should you fail to follow this advice or otherwise interfere with Reclaim Therapy’s ability to best provide our services, we reserve the right to terminate any purchased service or package without refund.

  3. You hereby waive any and all legal rights you may have against Reclaim Therapy in the provision of In-Home Services.  You hereby release, discharge and agree to hold harmless Reclaim Therapy from any and all liability that has occurred or may occur during In-Home Services.

  4. You must uphold the duty of care to protect Reclaim Therapy from dangers or risks on your property when we provide In-Home Services at your home.  This includes but is not limited to structural instabilities, dangerous animals and unhygienic environments.

  5. Where the premises of In-Home Services session places Reclaim Therapy or any of its agents or employees at risk, we reserve the right to terminate the appointment immediately and refuse further service without refund.

 

 

PAYMENT TERMS

 

  1. All prices stated on our Website are in $AUD. 

  2. When purchasing our products and/or services, you are responsible for reading the full description of the service offered before making a purchase.

  3. You agree to pay all fees and charges for our products and/or services in accordance with these terms and conditions as well as those terms that are detailed under the relevant package you purchase on our Site.  You authorise us to automatically deduct all applicable charges and fees from the credit card which you nominate when registering your details with us.

 

 

REFUNDS

 

  1. Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content, whether accessed by you or not, unless we are in breach of Australian Consumer Laws or you email us at ask@reclaimtherapy.com.au within 24 hours after the product and/or services have been provide evidence that you did not receive value.

  2. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn't able to be received, refunds will be granted at our discretion.

 

 

EXCLUSION OF LIABILITY

 

  1. We do not accept responsibility for, and exclude any liability for, any loss, damage, cost or expense however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website.

  2. In particular, we do not accept any responsibility or liability for any loss, damage, cost or expense that you may suffer or incur arising out of your use of or reliance on any documents or other information contained on or accessed through this Website.

  3. To the maximum extent permitted by law, any condition, guarantee or warranty which would otherwise be implied into these Terms is hereby excluded.

  4. These Terms do not attempt or purport to exclude liability arising under any condition, guarantee or warranty implied by applicable legislation if, and to the extent, such liability cannot be lawfully excluded.

  5. Where any legislation implies any condition, guarantee or warranty the applicability of which cannot be excluded or modified, that condition, guarantee or warranty will be included in these Terms. To the maximum extent permitted by such legislation, our liability for a breach of that condition, guarantee or warranty will be limited to supplying of our services again or the payment of the cost of having the services supplied again.

 

INDEMNITY

 

  1. As a condition of your use of the Website and in any documents or materials accessible through the Website, you agree to indemnify us, our related companies and our directors, officers, employees and agents against any liability, damage, loss or costs (including legal costs on a solicitor/own client basis) that any of those parties incurs or suffers as a result of any action, inaction or omission on your part relating to this Website.

 

 

COOKIES

 

  1. During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer.

 

HYPERLINKS

 

  1. The Website contains hyperlinks and other pointers to Internet websites operated, controlled or produced by third parties (Linked Webites). The Linked Websites are not under our control and we are not responsible for the contents of any Linked Websites or any hyperlink contained in a Linked Site.

  2. Any hyperlinks are provided solely for your convenience. You access any Linked Websites entirely at your own risk.

  3. We are not responsible for the content or privacy practices associated with Linked Websites.

  4. Our hyperlinking to Linked Websites is not, and should not be construed as, an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites or of any information, graphics, materials, products or services referred to or contained on those Linked Websites.

 

INTELLECTUAL PROPERTY

 

  1. All documents, materials and other information displayed on the Website, including without limitation all information, text, photographs, plans, illustrations, artwork and other graphic materials, and advertisements (Website Content) are our property or the property of our licensors (which may include other users of our Website). The Website Content is protected by copyright, trade mark and other intellectual property laws.

  2. All Website Content may be downloaded, viewed and printed for your personal, non-commercial use provided that all Website Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Unless you are permitted to do so by any applicable Supplementary Terms, you must not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Website Content to any third party without our express prior written consent.

  3. Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right in, or assign all or part of, its intellectual property rights in the Website Content, without our express written permission or the express written permission of the owner of the relevant Website Content (as applicable).

 

SECURITY OF INFORMATION

 

  1. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you provide to us.

  2. You agree that you will not share any password that we may provide to you, let anyone else access your account information, or do anything that might put the security of your account at risk. You are wholly responsible for all activities which occur under your password or account information. You must notify us immediately if you become aware of any unauthorized use of your password or account information. You must not permit your password or account information to be used by or transferred to any other person.  We reserve the right to suspend your account or remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Website.

 

MONITORING

 

  1. To the extent permitted by applicable law, we may monitor your access to, use of and other activities relating to the Website (including any documents you access in any document storage areas of our Website). We may prevent, hinder or interfere in any such matters but we do not make any representation or warranty that we will do so (whether if required by law or otherwise). You consent to any such monitoring and intervention subject to any rights you may have under applicable law.

 

PRIVACY POLICY

 

  1. All personal information that you supply in connection with the Website will be collected, used, disclosed and managed by us according to the terms of our Privacy Policy.

  2. You consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy. You also agree to use the Website in accordance with any other policies that we publish on the Website from time to time.

 

SUSPENSION AND TERMINATION

 

  1. We may suspend your access to the Website at any time without notice if it is necessary to perform maintenance on the Website or related systems or to protect the safety or security of the Website, its users or us or to ensure the proper operation of the Website.

  2. We may terminate these Terms and your access to the Website and Website Content at any time without notice. In the event of termination you must immediately cease accessing and using the Website and Website Content and (at our option) return any hard copies of the Website Content to us or destroy any hard copies and any other electronic copies of the Website Content within your control or possession. All restrictions imposed on you and all disclaimers, indemnities and limitations of liability set out in the Terms will survive termination of your access to the Website.

 

COMPLIANCE WITH ALL APPLICABLE LAWS

 

  1. We make no representation that the contents of the Website comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located

  2. You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you (and to your business, if applicable).

 

DISPUTE RESOLUTION

 

  1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

  2. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

  3. In the case of claims against us, all notices are to be provided to ask@reclaimtherapy.com.au.

  4. If the dispute is not resolved by agreement within five business working days of the Second Party receiving the notice referred to in this clause, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. 

  5. Once a mediator is appointed, the parties agree that:

  6. The costs of the mediator shall be borne equally between the disputing parties.

  7. The chosen mediator shall determine the procedures for mediation.

  8. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

  9. If the parties have not mediated a resolution of the dispute within 10 working days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

 

GOVERNING LAW

 

  1. These Terms are governed by the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia in respect of any disputes arising under or by reference to these Terms or otherwise relating to the Website.

 

GENERAL

 

  1. We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

  2. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

  3. These Terms are the entire agreement and understanding between you and us on everything connected with the subject matter of these Terms and supersede any prior agreement or understanding on anything connected with that subject matter.

  4. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

 

YOUR FEEDBACK

 

  1. We welcome enquiries or feedback on our Website. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

 

If you have questions or comments regarding this Website, or Reclaim Therapy products or services, please email us at ask@reclaimtherapy.com.au .

© 2016 - 2020 RECLAIM Therapy