Supply of Services Terms and Conditions

In these Terms unless the context requires otherwise:
The Therapist means Children & Adolescents Therapy Services Pty Ltd (ACN 161 625 252)
Child/Children means any person(s) who is under the age of 18.
Client means the person purchasing the Services
Contract means a contract between the Client and the Therapist for the provision of Services in accordance with the
Order Acceptance or any other documentation provided to the Client by the Therapist in accordance with these
Terms a contract for the supply of Services to the Client, which arises in accordance with clause 3 of these Terms
Price means the price payable in respect of the Services, as advertised on the Website and/or specified in the Order
Acceptance and any subsequent invoice issued by the Therapist
Order means any registration form, order or other documentation submitted to the Therapist requesting the
provision of services
Order Acceptance means a confirmation of acceptance of an order provided by the Therapist to the Client, which
details the Price of the Services which the Therapist is selling to the Client
Services means the o occupational therapy services which may include online services and/or learning tools which
the Client has agreed to purchase from the Therapist for the Price, details of which are contained in the Quote
Terms means these terms and conditions of sale and any other policies applicable to the Client’s use of this website
including the applicable privacy policy
User means the person accessing or using this website
Website means the website [TBA website] and its related pages.
2 . Use of Website
2.1 By accessing this Website, the User agrees to be bound by the Terms outlined herein and any other applicable
policies as in effect at the relevant time.
2.2 The User agrees that where it does not agree to any of the Terms contained herein, they will not use the Website.
2.3 The User agrees to check this page regularly for any amendments to the Terms and to be bound by same.
2.4 By using the Website, the User confirms that they are over the age of 18 and that, where applicable, they consent to
their Child/Children using the Website. If the person accessing the Website is under the age of 18, they agree that
they have their parent or guardian’s consent to access the Website and the parent or guardian warrants that such
access will be supervised.
2.5 The User confirms that they are authorised as a parent or guardian to give consent for their Child/Children to use the
Website.
2.6 All material published on the Website may be edited or removed for any reason whatsoever at the Therapist’s sole
discretion.
2.7 The Client is solely responsible for their use of this Website and the security of their user details, password and
account. The Therapist is not responsible for any unauthorised access to the User’s account. The User agrees to
release and indemnify the Therapist from any loss or claim arising howsoever from any unauthorised use of their
account.
2.8 When the User registers for an account with this Website, they agree to receive correspondence from the Therapist
including newsletters and marketing material.
3 . Contract
3.1 The Therapist may offer Services for purchase on the Website or directly via the Therapist.
3.2 The Client may order Services from the Therapist from time to time by submitting an order to the Therapist, whether
via the website, email or otherwise.
3.3 By submitting an Order for Services, the Client confirms that they are over the age of 18 and that, where applicable,
they consent to their Child/Children using their services.
3.4 The Client confirms that they are authorised as a parent or guardian to give consent for their Child/Children to use
the Services and that such use will be supervised.
3.5 Following receipt of an Order from the Client and the Therapist confirming an Order Acceptance to the Client, a
Contract arises between the Therapist and the Client for the supply of the Services at the Price, and otherwise on
these Terms.
3.6 The Therapist reserves the right to reject an Order for any reason including the unavailability of the Services. A full
refund will be provided in the event of such rejection if the Client has paid for same upfront.
3.7 These Terms apply to all trade and all Contracts between the Therapist and the Client.
3.8 The Therapist will not supply Services to the Client on any terms or conditions other than these Terms.
3.9 The Therapist will supply the Services in accordance with the Order Acceptance.
4. Price
4.1 The Price for the Goods and Services is as advertised on the Website or otherwise confirmed in the Order
Acceptance and pursuant to A New Tax System (Goods and Services Tax) Act 1999 and any other applicable
legislation. The Price is subject to change at the sole discretion of the Therapist without notice.
4.2 The Price is inclusive of all labour and materials as at the date of the Quote and will be valid for a period of 30 days
from the date of the Quote. Should the time taken to supply the Goods and Services be delayed due to the Client,
the Price may be increased by the increased cost of such Services, as determined by the Therapist.
4.3 The Client may not set off against the Price any amounts due from the Therapist, without the express written
consent from the Therapist.
5. Payment
5.1 The Price for the Services must be paid by the Client prior to the provision of the Services [or otherwise on your
payment terms – we would recommend seeking payment or a deposit upfront and payment within 14 days of a final
tax invoice being issued].
5.2 Without limiting the Therapist’s rights at Law and in equity, if the Client defaults for more than fourteen (14) days
in payment of the Price, any part of the price and/or any additional costs due to the Therapist, penalty interest will be
payable on such outstanding amount at the rate of 10% per annum together with all incidental costs associated with
the recovery of same.
5.3 The Client agrees that it must pay to the Therapist on demand any expenses, fees and disbursements incurred by
the Therapist in recovering any amount owing to it by the Client, including any reasonable debt collection agency
fees and legal expenses and any costs incurred by the Therapist in respect of any Contract cancelled by the Client.
6 . Delivery of Services
6.1 The Services will be provided within [ insert realistic time period] of the Client paying the deposit or the Price amount
specified in the Order Acceptance.
6.2 The Client accepts that the Services will be delivered online or in person based on the Contract between the parties.
Where the Services are delivered online, the Client accepts that they are solely responsible for following the Website
or Therapists instructions to access same once delivered by the Therapist.
6.3 The Client is solely responsible for any incorrect details entered into the Website or provided to the Therapist and it
is their responsibility to notify the Therapist of any incorrect details.
6.4 If for any reason beyond the control of the Therapist, including without limitation, strike, trade dispute, fire, flood,
accident, tempest, death, war declared or undeclared, blockade, governmental or quasi-governmental restraint,
unavailability of Goods or Services, loss or destruction of Goods, delays in transport or an act of God, the Contract
cannot be filled at the time required by the Client or at all, the Therapist is not required to supply the Services to the
extent and for the period that it is so unable to supply the Services, and the Therapist is not liable to the Client in
respect of any inability on its part to perform its obligations.
6.5 The Client must notify the Therapist if any Services provided under a Contract are defective or are otherwise in
breach of these Terms within three days of delivery. If the Client does not give the requisite notice to the Therapist
within this time frame, the Client is deemed to have waived its rights in respect of such Services.
6.6 The Therapist warrants that it has all necessary licences and insurances required by the occupational therapy
regulatory body in order to provide the Services.
7. Variations
7.1 If the Client chooses to vary the nature, scope, quantity or Price of the Goods and Services (which have been
quoted in accordance with the drawing supplied by the Client) this direction must be given to the Therapist in writing
and agreed between the parties.
7.2 The Therapist may change these Terms at any time if it has given to the Client at least 30 days’ notice in writing of
the proposed change.
8 . Safety and Supervision
8.1 It is the Client's responsibility to provide a safe site with unimpeded access to perform the Services.
8.2 The Client is solely responsible for the safety and supervision of the Client's child/children, employees and agents
on site at all times.
9. Exclusion of Warranties
9.1 This clause 9 only applies if the Australian Consumer Law does not apply to the Contract, for example if the Price is
higher than $40,000.00.
Nothing in these Terms is intended to have the effect of excluding or limiting any consumer guarantees given by the
Therapist under the Australian Consumer Law.
9.2 Subject to clause 9.1, except as provided in these Terms and any warranty and to the extent permitted by law, and
except where conditions and warranties as to the supply of Services are implied by any statute or rule of law, all
implied conditions, guarantees and warranties (including guarantees or warranties as to merchantability and fitness
for purpose) are expressly excluded.
1 0 . Liability and Indemnity
10.1The Client accepts all risk involved in the use and/or possession of the Services.
1 0.2 The Therapist accepts no responsibility and the Client and the Client hereby indemnifies the Therapist and holds
it forever harmless from and against any liability, loss, cost, expense or demand for or arising out of the Client's
negligence or from a breach or non-performance by the Client of these Terms, as a consequence of any claim
against the Therapist, arising directly or indirectly as a result of the Client's negligence or in connection with a
breach or non-performance of any of the Client's obligations under these Terms.
10.3This clause 10 only applies if and to the extent that the Australian Consumer Law and the Therapist’s professional
regulatory scheme does not apply to the Contract. Clause 9.1 describes Contracts to which the Australian Consumer
Law does not apply. Nothing in these Terms is intended to have the effect of limiting the Therapist’s liability under the
Australian Consumer Law.
10.4The Therapist accepts no responsibility and is not liable for any direct or indirect, special or consequential loss or
damage or injury to any person, corporation or other entity in connection with a Contract or the Services, howsoever
caused.
10.5The Therapist accepts no responsibility and is not liable for any loss incurred in connection with the implementation
of any Services by the Client.
10.6The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures
with the Service, you are entitled:
1. to cancel your Contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.
10.7If a failure with the Services does not amount to a major failure, you are entitled to have the failure rectified in a
reasonable time. If this is not done you are entitled to a refund for the Services and to cancel the Contract for the
Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other
reasonably foreseeable loss or damage from a failure in the Services.
11. Insurance
1 1.1 The Client and the Therapist undertake that they each have the necessary insurances, including workers
compensation and employer's liability insurance, public liability insurance in respect of personal injury, death or
property damage and (if appropriate) professional indemnity insurance in place as at the date of the Order
Acceptance and for the duration of the Services being carried out.
1 2 . Severability
1 2.1 If any of these Terms is invalid or unenforceable in any jurisdiction, that Term must be read down for the purposes
of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the
extent of the invalidity or unenforceability, without affecting the remaining Terms or affecting the validity or
enforceability of that Term in any other jurisdiction.
1 3 . Waiver
1 3.1 The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power
or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of
any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the
waiver.
1 4 . Termination
1 4.1 Subject to clause 14.2 either party may terminate the Contract by giving the other party notice in writing of such
termination.
1 4.2 In the event that the Client terminates the Contract in accordance with clause 14.1 the Client must pay to the
Therapist the Price plus any additional costs without prejudice to its other rights and remedies under these Terms.
1 5 . Intellectual Property
1 5.1 The Client acknowledges that no rights to any intellectual property in the Goods (including, without limitation, patent,
trademark, design, copyright or plant breeder’s rights) are transferred to the Client.
1 5.2 The Therapist retains all intellectual property rights in the Website and the Services and any related material
provided by the Therapist.
1 5.3 The Therapist grants the User a limited and non-exclusive licence to access, browse and use the Website and
Services for personal, private or domestic purposes only. The User warrants that they are not visiting or using the
Website for any commercial purpose. Save for where expressly permitted by these Terms or in writing by the
Therapist, the User is prohibited from using the Website and Services for any purpose other than person, private or
domestic purposes including copying, disclosing, distributing, modifying, reproducing, transmitting or publishing in
any manner.
1 5.4 The Client must notify the Therapist immediately if the Client’s use of the Goods results in an actual or alleged
infringement of a third party's intellectual property rights.
1 5.5 The Client is solely responsible for any infringement of the intellectual property rights of any third party resulting from
the Client’s use of the Goods, and the Client must indemnify the Therapist for any costs, expenses, damages or
liability incurred by the Therapist arising from any such infringement.
1 6 . Jurisdiction
1 6.1 These Terms are governed by the laws of the State of Victoria and the parties submit to the jurisdiction of the Courts
and Tribunals of Victoria.
1 7 . Entire Agreement
1 7.1 These Terms are to be read in conjunction with the Order Acceptance and/or Invoices and these two documents
constitute the entire agreement between the parties. In the event of a conflict between these Terms and the Order
Acceptance, these Terms will prevail.
1 8 . Notices
1 8.1 Any notices delivered in accordance with these Terms are to be addressed to the registered office of each party or
such other address as notified by the parties in writing from time to time.
1 9 . Terms Binding on Successors
1 9.1 These Terms are binding on the Client, its successors, and legal personal representation.
2 0 . Dispute Resolution
2 0.1 If a dispute arises out of or relating to these Terms (a Dispute), either party may notify the other party of the nature
and particulars of the Dispute, and the parties must, within 7 days of the delivery of such notice, commence
discussions to attempt to resolve the Dispute in good faith, without the necessity of resorting to any formal
proceedings.
2 0.2 If the Dispute is not resolved within the next 10 days, either party may refer the Dispute to mediation in accordance
with, and subject to, the mediation rules of the Australian Disputes Centre (ADC). The parties agree that they must
bear the costs of mediation under this clause 20 equally.
2 0.3 If neither party refers the dispute to mediation within 24 days of delivery of the initial notice of the Dispute, either
party may commence court proceedings in respect of the Dispute.