1. About the Website
- Welcome to brindabellaspeechtherapy.com.au (Website). The Website is Speech Therapy(Services).
- The Website is operated by Brindabella Speech Therapy (ACN 687 376 781). Access toand use of the Website, or any of its associated Products or Services, is provided byBrindabella Speech Therapy. Please read these terms and conditions (Terms) carefully. Byusing, browsing and/or reading the Website, this signifies that you have read, understoodand agree to be bound by the Terms. If you do not agree with the Terms, you must ceaseusage of the Website, or any of Services, immediately
- Brindabella Speech Therapy reserves the right to review and change any of the Terms byupdating this page at its sole discretion. When Brindabella Speech Therapy updates theTerms, it will use reasonable endeavours to provide you with notice of updates to theTerms. Any changes to the Terms take immediate effect from the date of their publication.Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking toaccept or agree to the Terms where this option is made available to you by Brindabella SpeechTherapy in the user interface.
3. Registration to use the Services
- In order to access the Services, you must first register for an account through the Website(Account).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a). Email address
(b). Telephone number
(c). Name & Information related to enquiry - You warrant that any information you give to Brindabella Speech Therapy in the course ofcompleting the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of theWebsite (Member) and agree to be bound by the Terms.
- You may not use the Services and may not accept the Terms if:
(a). you are not of legal age to form a binding contract with Brindabella SpeechTherapy; or
(b). you are a person barred from receiving the Services under the laws of Australia orother countries including the country in which you are resident or from which youuse the Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
(a). the Terms; and
(b). any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; - you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Brindabella Speech Therapy of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Brindabella Speech Therapy providing the Services;
- you will not use the Services or the Website in connection with any commercialendeavours except those that are specifically endorsed or approved by themanagement of Brindabella Speech Therapy;
- you will not use the Services or Website for any illegal and/or unauthorised usewhich includes collecting email addresses of Members by electronic or other meansfor the purpose of sending unsolicited email or unauthorised framing of or linking tothe Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Brindabella Speech Therapy for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Servicesis prohibited.
5. Payment
- All payments made in the course of your use of the Services are made using TBD with Brindabella team. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agreeto be bound by the TBD with Brindabella team terms and conditions which are available ontheir website.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
- You agree and acknowledge that Brindabella Speech Therapy can vary the Services Feeat any time.
6. Refund Policy
- Brindabella Speech Therapy will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Brindabella Speech Therapy makes a decision, at its absolute discretion, that it is reasonable to do sounder the circumstances (Refund).
- Any benefits set out in this Terms and Conditions may apply in addition to consumer'srights under the Australian Consumer Law.
7. Copyright and Intellectual Property
- The Website, the Services and all of the related products of Brindabella Speech Therapyare subject to copyright. The material on the Website is protected by copyright under thelaws of Australia and through international treaties. Unless otherwise indicated, all rights(including copyright) in the Services and compilation of the Website (including but notlimited to text, graphics, logos, button icons, video images, audio clips, Website code,scripts, design elements and interactive features) or the Services are owned or controlledfor these purposes, and are reserved by Brindabella Speech Therapy or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed byBrindabella Speech Therapy, who grants to you a worldwide, non-exclusive, royalty-free,revocable license whilst you are a Member to:
(a). use the Website pursuant to the Terms;
(b). copy and store the Website and the material contained in the Website in yourdevice's cache memory; and
(c). print pages from the Website for your own personal and non-commercial use.
Brindabella Speech Therapy does not grant you any other rights whatsoever in relation tothe Website or the Services. All other rights are expressly reserved by Brindabella SpeechTherapy - Brindabella Speech Therapy retains all rights, title and interest in and to the Website andall related Services. Nothing you do on or in relation to the Website will transfer any:
(a). business name, trading name, domain name, trade mark, industrial design, patent,registered design or copyright, or
(b). a right to use or exploit a business name, trading name, domain name, trade markor industrial design, or
(c). a thing, system or process that is the subject of a patent, registered design orcopyright (or an adaptation or modification of such a thing, system or process). - You may not, without the prior written permission of Brindabella Speech Therapy and thepermission of any other relevant rights owners: broadcast, republish, up-load to a thirdparty, transmit, post, distribute, show or play in public, adapt or change in any way theServices or third party Services for any purpose, unless otherwise provided by theseTerms. This prohibition does not extend to materials on the Website, which are freelyavailable for re-use or are in the public domain.
8. Privacy
Brindabella Speech Therapy takes your privacy seriously and any information provided throughyour use of the Website and/or Services are subject to Brindabella Speech Therapy's PrivacyPolicy, which is available on the Website.
9. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations orconditions implied or imposed by law, including the Australian Consumer Law (or anyliability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
(a). all terms, guarantees, warranties, representations or conditions which are notexpressly stated in the Terms are excluded; and
(b). Brindabella Speech Therapy will not be liable for any special, indirect orconsequential loss or damage (unless such loss or damage is reasonablyforeseeable resulting from our failure to meet an applicable Consumer Guarantee),loss of profit or opportunity, or damage to goodwill arising out of or in connectionwith the Services or these Terms (including as a result of not being able to use theServices or the late supply of the Services), whether at common law, undercontract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and theServices is provided to you "as is" and "as available" without warranty or condition of anykind. None of the affiliates, directors, officers, employees, agents, contributors andlicensors of Brindabella Speech Therapy make any express or implied representation orwarranty about the Services or any products or Services (including the products or Services of Brindabella Speech Therapy) referred to on the Website. This includes (but isnot restricted to) loss or damage you might suffer as a result of any of the following:
(a). failure of performance, error, omission, interruption, deletion, defect, failure tocorrect defects, delay in operation or transmission, computer virus or other harmfulcomponent, loss of data, communication line failure, unlawful third party conduct, ortheft, destruction, alteration or unauthorised access to records;
(b). the accuracy, suitability or currency of any information on the Website, the Services,or any of its Services related products (including third party material andadvertisements on the Website);
(c). costs incurred as a result of you using the Website, the Services or any of theproducts of Brindabella Speech Therapy; and
(d). the Services or operation in respect to links which are provided for yourconvenience.
10. Limitation of liability
- Brindabella Speech Therapy's total liability arising out of or in connection with the Servicesor these Terms, however arising, including under contract, tort (including negligence), inequity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Brindabella Speech Therapy, its affiliates,employees, agents, contributors and licensors shall not be liable to you for any direct,indirect, incidental, special consequential or exemplary damages which may be incurred byyou, however caused and under any theory of liability. This shall include, but is not limitedto, any loss of profit (whether incurred directly or indirectly), any loss of goodwill orbusiness reputation and any other intangible loss
11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to usersfor a commercial gain, whether business users or domestic users, then you are a competitor ofBrindabella Speech Therapy. Competitors are not permitted to use or access any information orcontent on our Application. If you breach this provision, Brindabella Speech Therapy will hold youfully responsible for any loss that we may sustain and hold you accountable for all profits that youmight make from such a breach.
12. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Brindabella SpeechTherapy as set out below.
- If you want to terminate the Terms, you may do so by:
(a). providing Brindabella Speech Therapy with 14 days' notice of your intention toterminate; and
(b). closing your accounts for all of the services which you use, where BrindabellaSpeech Therapy has made this option available to you.
Your notice should be sent, in writing, to Brindabella Speech Therapy via the 'Contact Us'link on our homepage.
- Brindabella Speech Therapy may at any time, terminate the Terms with you if:
(a). you have breached any provision of the Terms or intend to breach any provision;
(b). Brindabella Speech Therapy is required to do so by law;
(c). the provision of the Services to you by Brindabella Speech Therapy is, in theopinion of Brindabella Speech Therapy, no longer commercially viable.
- Subject to local applicable laws, Brindabella Speech Therapy reserves the right todiscontinue or cancel your membership at any time and may suspend or deny, in its solediscretion, your access to all or any portion of the Website or the Services without notice ifyou breach any provision of the Terms or any applicable law or if your conduct impactsBrindabella Speech Therapy's name or reputation or violates the rights of those of anotherparty
13. Indemnity
You agree to indemnify Brindabella Speech Therapy, its affiliates, employees, agents,contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (includinglegal fees on a full indemnity basis) incurred, suffered or arising out of or in connection withyour content;
- any direct or indirect consequences of you accessing, using or transacting on the Websiteor attempts to do so; and/or
- any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauses havebeen complied with (except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must givewritten notice to the other party detailing the nature of the dispute, the desired outcomeand the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:
- Within 28 days of the Notice endeavour in good faith to resolve the Disputeexpeditiously by negotiation or such other means upon which they may mutuallyagree;
- If for any reason whatsoever, 28 days after the date of the Notice, the Dispute hasnot been resolved, the Parties must either agree upon selection of a mediator orrequest that an appropriate mediator be appointed by the Aus MediationAssociation;
- The Parties are equally liable for the fees and reasonable expenses of a mediatorand the cost of the venue of the mediation and without limiting the foregoingundertake to pay any amounts requested by the mediator as a precondition to themediation commencing. The Parties must each pay their own costs associated withthe mediation;
- The mediation will be held in Canberra, Australia.
14.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and inconnection with this dispute resolution clause are confidential and to the extent possible,must be treated as "without prejudice" negotiations for the purpose of applicable laws ofevidence.
14.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute hasnot been resolved, either Party may ask the mediator to terminate the mediation and themediator must do so.
15. Venue and Jurisdiction
The Services offered by Brindabella Speech Therapy is intended to be viewed by residents ofAustralia. In the event of any dispute arising out of or in relation to the Website, you agree thatthe exclusive venue for resolving any dispute shall be in the courts of the Australian CapitalTerritory, Australia.
16. Governing Law
The Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute,controversy, proceeding or claim of whatever nature arising out of or in any way relating to theTerms and the rights created hereby shall be governed, interpreted and construed by, under andpursuant to the laws of the Australian Capital Territory, Australia, without reference to conflict oflaw principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successorsand assigns.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competentjurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
