Terms and conditions

Welcome to LITTLE DAISY OCCUPATIONAL THERAPY. The Website is owned and operated by Little Daisy Occupational Therapy Pty Ltd (ABN 98455945890) (referred to in these terms as “Little Daisy Occupational Therapy”, “we”, “us”, and “our”).

Please take the time to read the terms and conditions (“Terms”) that apply to your use of our Website and the content made available to you. These Terms, together with our privacy policy, apply to all Website visitors, clients, customers, and other users of the Website ( “user”, “you”, and “your”).
 

Acceptance of the Terms

By accessing, browsing, and/or using our Website, our social media channels and any other materials made available to you including but not limited to our blog, guides, eBooks, webinars, checklists, online products, templates and videos (“Services”) provided on this Website, whether it was made available for purchase or not, you are taken to have read, understood, accepted our Terms.

The use of our Website is limited to people of the age of 18 or over. By using the Website or accessing or purchasing any Services, you warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;

• have read and accepted these Terms; and

• will comply with these Terms.
   

Little Daisy Occupational Therapy reserves the right to review, change or modify these Terms at any time, without notice. Any changes to the Terms take immediate effect from the date of their publication. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Website and Services. A copy of our current Terms will be displayed on our Website at all times. Your continued use of our Website is deemed acceptance of any modifications or amendments of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book”, where this option is made available to you by Little Daisy Occupational Therapy. If at any time you choose not to accept these Terms, you should immediately cease use of our Website and Services.
 

Information and Advice

Our Website contains Content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be your personal healthcare practitioners, legal or financial advisers and cannot be held liable for any reliance on the information we provide, either on our Website or through our Products and/or Services. 
 

We do not accept responsibility for determining whether our Products and/or Services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought. 
 

Any reference or links to other products or services, programs, websites, courses, processes or other information appearing on our Website and social media channels does not constitute or imply our endorsement, sponsorship, or recommendation in any way. It is up to you to decide if it is suitable and appropriate for you.
 

Intellectual Property & Ownership of Intellectual Property

Our Website, the Services, and all the related Products of Little Daisy Occupational Therapy contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trademarks, copyrights, proprietary information, designs, patents, and other intellectual property rights, as well as business names, logos, images, designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Website, Products (including digital products), Services and Content does not grant or transfer any rights, title, or interest to you in relation to any of the above.
 

No Commercial Use

You may not, without the prior written permission of Little Daisy Occupational Therapy:  modify, publish, transmit, sell or lease, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Website, Products, Services, Content, Intellectual Property or Third-Party Licensed Intellectual Property. We reserve the right to immediately remove your access to our Website, Products, Services, and Content, without refund, if you are found to be violating these Terms. 
 

Limited License

Where you download or purchase our Digital Products (including checklists, guides, directory, courses, workshops, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
 

Privacy

Little Daisy Occupational Therapy takes your privacy seriously. These Terms also include our Privacy Policy, which is available on the website.
 

Creating an account

To place orders and access some features of our Website, you may need to register an account. This means you will have to give us accurate information, including your name, preferred name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure. 
 

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 
 

Shipping Policy

Shipping will be paid for by the buyer in the amount agreed upon by the seller at the time of purchase. If an item is lost during shipping, the total cost of item, including shipping, will be refunded to the buyer by the seller. If an item is damaged during shipping, the seller will not be held responsible.

We reserve the right to change any pricing without prior notice. 
 

Digital Products

Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our prior express written consent. We reserve the right to refuse to provide the products to you at any time, for any reason.

After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
 

Refunds for Digital Products

Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. In the case that the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
 

Prices and Payment

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST). The prices indicated on the Website may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order was made.  

We reserve the right, at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension, or discontinuance of the product or service.
 

We may, from time to time, provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
 

We offer the option to pay for our products and/or services by credit card using Stripe. Where you use your Credit Card, you warrant that you have the necessary rights and authority to use that credit card and have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services. 
 

Submitting Content to our Website and Social Media

We always enjoy hearing from you on our social media channels and appreciate your feedback on our Website, Products and Services.

When you submit comments or feedback you:

• warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consent and permissions);

• give us permission to post or otherwise use that feedback on our social media or other channels;

• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;

• warrant that any content provided does not violate these Terms; and

• warrant that you are at least 18 years old.
   

We reserve the right to remove a review or comment if such review or comment contains:

• libellous or otherwise unlawful, abusive or obscene material;

• personal attacks on our employees or another contributor;

• material that discloses your personal information; or

• Information that is unrelated to the post or content that you have reviewed or commented on.
   

Our Website and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
 

Testimonials

On our Website and social media channels, we can present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results. 
 

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Website and social media channels, or any other avenue, for promotional and other purposes at our discretion.
 

Warranties and Disclaimers

Whilst we take care to ensure the accuracy of all content on our Website, to the extent permitted by law, Little Daisy Occupational Therapy assumes no legal liability for and does not warrant that the information contained on this website is complete, accurate, or that the website pages will be free from errors, or that the website’s availability will be interrupted. Anything available via this Website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the website.

You specifically acknowledge and agree that your use of this Website and the Products and Services found o this website is at your own risk.

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Limitation of Liability

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Website and/or our Products or Services, your inability to access our Website, interruption or outage of our Website or the fact that content on our Website or in our Services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

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Our right to be indemnified by you

To the fullest extent permitted by applicable laws, you agree to indemnify Little Daisy Occupational Therapy, and hold us and our related entities, affiliates, and our and their respective officers, agents, contributors, third-party content providers and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Website in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

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Additional Terms

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of Your agreement with us if You use those Services.

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Breach and Termination

The agreement constituted between us by your use of the Website may be terminated:

1. where you breach any provision of these Terms; or

2. at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
    

Severability

If any term or provision of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in force.

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Ceasing our Website
We have the right to discontinue our Website. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Website, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

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Assignment

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

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Entire Agreement

These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Website and your use of our Website.

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Governing Law and Jurisdiction

All Terms shall be construed in accordance with and governed in all respects by the laws of VIC, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of VIC, Australia.