Please read these Terms and Conditions of Use Carefully. Use of this Website indicates Agreement with them.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Website Disclaimer, govern ashbytherapyservices.com.au’s relationship with you in relation to your use of this website, and all the documents, templates, digital products and information contained on it. By using this Website you signify your acceptance of these terms of use, “Us”, “Our” and “We” refers to ashbytherapyservices.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website. We reserve the right to change, modify, add or remove any part of these terms at any time. Please check the terms regularly before using our website to ensure you are aware of any changes. If you choose to use ashbytherapyservices.com.au’s website and download documents, then we will regard that as conclusive evidence of your agreement and acceptance that these terms govern your and ashbhytherapyservices.com.au’s rights and obligations to each other.
Ashbytherapyservices.com.au does not give medical or health advice
Whilst the information, digital products and documents on the ashbytherapyservices.com.au website have been prepared by experienced health professionals, neither Ashby Therapy Services, nor ashbytherapyservices.com.au is providing health or medical advice. This website provides information, digital products that are tools to educate and are general, not specific to you or your own personal situation. it is not intended to give you medical or health advice or provide you with health services, it is intended to provide you with useful information, links and digital products or documents that you use at your own risk and discretion. Each individual’s needs, personal medical history, and circumstances are unique to them, and we are not aware of your particular or personal situation so when you purchase one of our digital products, or access the information on ashbytherapyservices.com.au, it is not to be considered personal or any medical health advice. No general information of the type we provide on or through our website can be assured to fit every individual situation, nor have we taken your personal circumstances into account. You should consult a health professional at Ashby Therapy Services or in your own local area to obtain specific advice to your particular needs and situation.
Consult your Health Professional
Each person’s health needs, personal medial history and circumstances are unique to them. If you are unsure about any of the terms or any of the information, how it applies to your specific circumstances or whether it is suitable for your purposes then you should consult your health professional (General Practitioner, allied health professional, nurse). Both the digital products and information we provide on and through the website must, by necessity be general and may not cover every situation that might arise and we are not aware of your personal situation or requirements. Therefore, you should consult a health professional or Ashby Therapy Services directly for any specific problem or question you might have or if you are unsure or do not understand any of the products or information on the website before purchasing or using any of the products, or information.
Limitation of Liability
It is an essential precondition to you using ashbytherapyservices.com.au’s website that you agree and accept that ashbytherapyservices.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website or any digital product we sell, howsoever arising. Your use of this website and any digital products is at your own risk. If you use the materials provided on this website incorrectly you may suffer adversely; you may not get the results or desired outcome that you wanted and may suffer loss. Ashbytherapyservices.com.au and Ashby Therapy Services are not responsible for any loss or damage you may incur, however it may arise by use of this website or its products and information.
Protecting our Content
You cannot copy the Content: You agree that ashbytherapyservices.com.au itself, as well as all content, videos, training materials, products, services and/or other materials made available on ashbytherapyservices.com.au by us or third parties, as well as the look and feel of all the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Ashby Therapy Services, and are the property of Ashby Therapy Services and/or it’s third party providers. You agree that such Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice and sound recordings, artwork, photos, documents and text as well as all other materials included in ashbytherapyservices.com.au, excluding only the materials you provide. Subject to your compliance with these Terms of Use, Ashby Therapy Services, hereby grants you a limited license, which is non-exclusive, non-transferable and non-sublicensable, to access, view and use the ashbytherapyservices.com.au Content you have purchased solely for your personal purposes. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used for public or commercial purposes or downloaded in any way unless written permission is expressly granted by Ashby Therapy Services. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Ashby Therapy Services, as well as other authors who created the materials and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of ashbytherapyservices.com.au or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Ashby Therapy Services.
All Content is our Copyright Material: All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the ashbytherapyservices.com.au, are copyrighted unless otherwise noted and are the property of Ashby Therapy Services and/or a supplier to Ashby Therapy Services. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, and images and biographical information of people used in Ashby Therapy Services Content and contained in the ashbytherapyservices.com.au website, including without limitation the name and trademarks are either the property of, or used with permission by, Ashby Therapy Services. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Ashby Therapy Services and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the ashbytherapyservices.com.au website shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Ashby Therapy Services or third party owner. Ashby Therapy Services respects the copyright, trademark, and all other intellectual property rights of others. Ashby Therapy Services has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the ashbytherapyservices.com.au website or in any Content in any way, you may notify Ashby Therapy Services at admin@ashbytherapyservices.com.au. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Correspondence: When you register with Ashby Therapy Services and/or ashbytherapyservices.com.au, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Ashby Therapy Services. You consent to receive notices electronically by way of transmitting the notice to you by email.
Comments: If you send comments or suggestions about ashbytherapyservices.com.au or Ashby Therapy Services, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Ashby Therapy Services. No submission shall be subject to any obligation of confidence on the part of Ashby Therapy Services. Ashby Therapy Services shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Competition and Consumer
For the purposes of Schedule 2 of the Australian Consumer Law, in particular sections 51-53, 64 and 64A of Part 3-2 Division Subdivision A of the Competition and Consumer Act 2010 (Cth), ashbytherapyservices.com.au’s liability for any breach of a term of this agreement is limited to:
1. the supplying to you of the goods or services again; or
2. the payment of the costs of having the goods or services resupplied to you.
Ashbytherapyservices.com.au’s liability is, in all cases, limited and will not exceed, in any instance, the amount paid by you for any digital product, form, document, agreement or other item purchased from this website.
You must be over the age of 18 to use this website and to purchase any goods or services or have your authorised parent or legal guardian act on your behalf.
Links to other websites and information
Ashbytherapyservices.com.au may, from time to time, provide on our website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, approval or arrangement between ashbytherapyservices.com.au and the owners of those websites. We take no responsibility for any content on the linked websites. Ashbytherapyservices.com.au’s website may contain information provided by third parties for which ashbytherapyservices.com.au accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are not providing any advice, nor do we take responsibility for any advice or other goods or services purchased or received by you from those third parties in this regard, for which the third party shall be wholly responsible to you.
Important Disclaimers
To the fullest extent permitted by law, Ashbytherapyservices.com.au absolutely disclaims all warranties, expressed or implied including but not limited to, implied warranties or merchantability and fitness for any particular purpose. Further, we give no warranty that the digital products you purchase will be error-free, that defects will be corrected or that our website or it’s server is free of viruses or other harmful components. Whilst we, at all times, endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use of or the result of the use of any products, links or information on the website or as to the correctness, suitability, accuracy, reliability or otherwise. Some of the above may not apply to you, but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
We do not guarantee that any digital product, program, course, or service will ‘cure’, or have any particular result. Any results are up to the individual and their commitment to make meaningful change to their well-being.
Your Privacy
At Ashbytherapyservices.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We, at all times, respect the privacy and confidentiality of the information provided by you and adhere to the National Privacy Principles established under the Privacy Act 1988 (Commonwealth). You can read more about AHPRA regulations for Privacy on the APHRA website, and the Australian Counselling Association guidelines via their website. All clinicians who are required to have registration with Ashby Therapy Services meet the relevant registration body code of ethics and registration requirements. Please see the ACA and APHRA websites for more information.
Please read our separate Privacy Policy carefully. You may view and/or change your details at any time by advising us in writing via email. Our secure seerviers protect all information Ashbytherapyservices.com.au receives from it’s customers. Our secure server software encrypts all customer information before sending it to us. Futhermore, all customer data we collect is secured against unauthorised use or access. In addition, your credit card, or other customer payment information is not stored by us on our servers, rather it is stored by our Biller (Stripe). Refer to our Privacy Policy for further details.
Third Parties cannot use your information
Third Parties We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
When we may be required to Disclose Your Information
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances:
by law or by any court;
to enforce the terms of any of our customer agreements; or
to protect the rights, property or safety of our customers or third parties.
Jurisdiction
This agreement and this website are subject to the laws of Queensland, and Australia. If there is a dispute between you and ashbytherapyservices.com.au that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.
Copyright and Trademark
You are not permitted to reproduce the digital products, information or materials on the ashbytherapyservices.com.au website for the purposes of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically, or otherwise distribute any of the templates you download from this website other than per our licensing terms and only with our express written permission. You can download a copy of the digital products and retain them on computers used in your business or at home for any legitimate or proper purpose of conducting your business or personal affairs.
Additionally, you are not permitted to use any of our trademarks, trade names, graphics or designs found on our website. Ashbytherapyservices.com.au expressly reserves all copyright and trademark in this website and all documents and information on this website and we reserve the right to take action against you if you breach any of these terms.
Product Licenses and restrictions of use
We hope you find our digital products helpful and easy to use; however, when using our products and documents, you need to be aware of the licensing terms on use to ensure you do not breach Ashby Therapy Services Copyright.
Some of our Ashby Therapy Services products have licenses for multiple use, where indicated. Ensure you understand the license use, or otherwise please ask us.
Other digital products come with a single use, or for personal use only license. You may not share this product outside of the terms indicated, any other use will breach these terms and our Ashby Therapy Services copyright. If purchasing a clinician license, you may use the digital products directly with your clients, and within your own workplace, department, private practice, and/ or clinic. You may not share this digital product outside of these terms, and any other use will breach these terms and our copyright.
At no time, are our products or copyrighted information to be copied, modified, published, on sold, exported, transferred, reverse engineered, decompiled, or any derivative works made. At no time are you permitted to grant direct access to our digital products or information except within your permitted license terms. Our digital products are our intellectual property, and as such not to be shared, disclosed or granted access to anyone who did not purchase the product.
Fees and Payments
Payments: all payment for any program, course, workshop and/or digital product must be made in advance. Any other payment methods are at our sole discretion.
Subscriptions: Some of our products/services/programs offer a subscription service to access the content. You are not permitted to share your content or subscription access. It is licensed to one user/purchaser only. The initial term of your Service Subscription will commence on the date you are charged for the Service Subscription and ongoing indefinitely. All payments are set up as billing cycle (weekly/monthly or annual) payments via our Biller (Stripe) for the duration and price shown on the checkout page. Your Service Subscription will renew automatically each billing cycle (weekly, monthly or annually) unless you cancel your subscription via your membership and log in on ashbytherapyservices.com.au. If your service is cancelled for any reason, you will not be refunded for any amounts paid for the Subscription. If you cancel your subscription, you will continue to have access to the service/program/product for the duration of the subscription until your renewal date. After your renewal date you will lose access to the Content.
Ashby Therapy Services reserves the right to suspend or cancel your subscription if in Ashby Therapy Services sole and absolute discretion you are using the subscription in any way contrary to, or inconsistent with, the obligations of these Terms, the intention of the program, the safety of another user/client and/or any laws and regulations. If your subscription is cancelled for any reason, you will not be entitled to a refund of the amounts paid for the subscription. No suspension or cancellation will affect your obligations to us under these Terms which by in their nature are intended to survive such suspension or cancellation.
All online payments made to Ashby Therapy Services, are completed via our Biller (Stripe). By nominating a credit or debit account, you authorise our Biller to deduct that account all fees and other charges you are responsible for under the subscription you have purchased. You must keep account details up to date, and ensure sufficient funds in the nominated account on the renewal date. If payment is dishonoured, the Biller will inform you vai email. 3 days later the Biller will attempt to debit your account. If unsuccessful the Biller will attempt again at 5 days, and 7 days after the initial attempt. If payment is not obtained at this final attempt, your subscription will be cancelled and all access to your subscription removed.
Delivery of Goods
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly on receipt of full payment. Delivery may take between 2-14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of ashbytherapyservices.com.au.
Digital goods are delivered immediately. Please be aware of the inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Returns and Refunds
Ashbytherapyservices.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. We make every effort to ensure our services are provided with due care and skill. Notwithstanding, Ashby Therapy Services, does not offer refunds for services we have provided, as the time and expertise of our therapists and staff is valuable. We do not offer refunds on any of our ‘on demand’ programs unless explicitly stated, as they are able to be accessed immediately. We do not offer refunds on our ‘live’ programs unless explicitly stated as your place in the program has been booked into the limited number of places available.
Should you wish to return your order for a digital or physical product, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly, and payment made by the same method that you made payment, minus shipping or applicable card fees. All refunds are made at the discretion of ashbytherapyservices.com.au
Exclusion of Competitors
If you are in the business of creating similar documents, goods, digital products or services for the purposes of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ashbytherapyservices.com.au. Ashbytherapyservices.com.au expressly excludes and does not permit you to use or access our website to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term ashbytherapyservices.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Ashbytherapyservices.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Whole Agreement
These terms and conditions represent the whole agreement between you and Ashby Therapy Services concerning your use and access to Ashbytherapyservices.com.au’s website and your use and access to the digital products, information, programs, courses and services on it as well as any other terms found on our website sales pages. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth of Australia or any State or Territory of Australia. All implied terms except those implied by statute that cannot be excluded are hereby expressly excluded.
Exclusion of unenforceable Terms
Where any clause or term above would by an applicable statute be illegal, void, or unenforceable in any jurisdiction, then such a clause shall not apply in that jurisdiction and shall be deemed never to have been included n these terms and conditions in that jurisdiction. However, if any clause above is legal and enforceable in any other jurisdiction it shall continue to be fully enforceable and part of this agreement in those other jurisdictions. Any deemed exclusion of any term pursuant to this paragrpah shall not affect or modify the full enforceability and construction of thee other clause of these terms and conditions.
Ashbytherapyservices.com.au is owned and operated by Ashby Therapy Serivices . Any reference to Ashby Therapy Services, us, we, our means Ashby Therapy Services, including all partners, employees and contractors.
Copyright notice
this website and its contents are the copyright of C J Ashby & G Ashby T/A Ashby Therapy Services - © ashbytherapyservices.com.au 2024 All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content.
Changes to Terms and Conditions
We reserve the right to change or modify these terms and conditions at any time without notice. Your continued use of our website after any such changes shall constitute your acceptance of the modified terms and conditions.
If you have any questions about the Privacy Policy, Terms and Conditions, Disclaimer or our website, please contact us at admin@ashbytherapyservices.com.au