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1. General

By registering for a Therapas program or purchasing a product, you agree with all the Therapas Terms of Use. These Terms of Use may be amended from time to time and you will be deemed to have accepted all amendments if you use the website after the date the amendments were posted.

2. Legal Disclaimer

Please note the Therapas platform is not a law firm and does not provide legal advice. Any information, documents, training or otherwise obtained from or provided by Therapas is general information and is not legal advice. You should always seek legal advice from a legal professional before creating, using or relying on our services and documents.

3. About Therapas

The Website is a platform that provides trainings and resources to Allied Health Professionals.

The Website is provided and operated by Therapas. Access to and use of the Website, or any of its associated products and/or Services, are provided by Therapas and/or relevant third parties. Access to and use of any third party products and/or services through the Website are subject to the Terms and any third party terms referenced in these terms.

Please read these Terms carefully. By using, reading or browsing the Website, registering as a Member, making payments and/or clicking “I agree”, you signify that you have read, understood and agreed to be bound by the Terms and our Privacy Policy found at https://therapas.com.au /privacy-policy. If you do not agree to the Terms or the Privacy Policy, you must immediately cease usage of the Website and any of its associated products or Services.

4. Membership

In order to access the Services, you are required to register for an account with Therapas (“Member Account”). You will be required to provide personal information such as your name, address, email address, phone number, location, a username and a password.

Once you have completed the registration process you will be a registered member of the Website (the “Member”) and you agree to be bound by the Terms.

You warrant that any personal and/or registration information you provide to Therapas will always be accurate, correct and up to date.

We may cancel your membership if you are under the legal age of your jurisdiction, you misuse the Services, or for any other just reason.

As a member, you agree to keep your membership credentials confidential, only use the website for purposes permitted by the terms, notify Therapas or change your password if you are implicated in a data breach, not impersonate another member, not use the website for any illegal or unauthorized purpose, not utilise the website to advertise another service without approval, and not to use the website to solicit.

5. Emails

You may receive emails from Therapas about upcoming events either through subscribing or following registration. If you do not wish to receive updates, you may contact [email protected] or may unsubscribe through the link on every Therapas email.

6. Payment Generally

You must make payment for any Product or Service prior to any access to the Product or Service. By submitting an order via the website you agree that you are authorised and able to make payment via the method you have chosen.

Therapas will not hold your card details directly; we use the PCI compliant payment gateway provided by Stripe – your card details will be held by Stripe. Therapas retains the right to store and maintain the card details provided by you unless otherwise specified in writing by the client. We implement industry-standard security measures to protect your payment information.

If a client wishes to remove their card details from our records, a written request must be submitted to Therapas.

Card Surcharges

By proceeding with a payment to Therapas, you acknowledge and agree that your nominated card may incur a surcharge. We impose a surcharge to cover the transaction costs associated with card payments and will only apply to payments made using a credit or debit card (including Visa, MasterCard, American Express). Direct debit or other forms of accepted non-card payment methods are exempt from this surcharge.

We will prominently display information regarding the card surcharge and amount at our point of sale, on our Website, or through other communication channels as deemed appropriate. The surcharge is calculated based on a percentage of the total transaction amount. We will comply with all applicable laws and regulations regarding card surcharge.

We reserve the right to modify the terms and conditions related to card surcharges, including the surcharge amount or calculation method.

Tax Invoices

Therapas may provide a tax invoice to the Client’s registered email upon payment for the Services. The provision of such tax invoice does not in any way mean that Therapas is providing legal advice to you or is holding itself out as a provider of legal advice nor does this establish a therapeutic relationship between yourself and any Instructor on Therapas.

Promotional Codes

Therapas may, in its sole discretion, create promotional codes that may be redeemable for account credit or discounted services. Using a promotional code in no way established a client / lawyer relationship nor a client/therapist relationship.

Promotional codes may not be duplicated, sold or transferred in any manner, or made available to anyone but its intended recipient. Therapas at its sole discretion can redeem or refuse promotional codes at anytime, for any reason.

Cancellation Refund

If you are unsatisfied with the Services you purchased, you may notify Therapas within 30 days of initial point of purchase and Therapas will attempt to resolve your concerns. Please note that a refund is not guaranteed. Therapas, at its sole discretion, may or may not provide a refund of a purchase fee to you.

7. General Disclaimer

Australian Consumer Law

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. If you are not a Consumer (under the Australian Consumer Law), you agree that Therapas has no direct or indirect liability (including in negligence) to you in any way related to your use of Therapas. If you are a Consumer (under the Australian Consumer Law), Therapas limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.

Should a breach of Australian Consumer Law occur, then to the maximum extent permitted by law, Therapas’ liability to you is limited at its option to, in the case of services, resupply of the services or payment of the cost of re-supplying the services. To the extent permitted by law Therapas excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and Therapas shall be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any special, direct, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of Website

Use of the Website and the Services is at your own risk. Everything in relation to the Website and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or Instructors of Therapas make any express or implied representation or warranty about the Content of the Website or any products or Services (including the products or services of Therapas) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of the products of Therapas;
4. the Content or operation in respect to links which are provided for your convenience; or
5. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

8. Limitation of Liability

Therapas’ total liability arising out of or in connection with the Services or these Terms, however arising, whether under contract, tort, in equity, under statute or otherwise, will not exceed the most recent Pauyment fee paid by you to Therapas for the purchase of the Services under these Terms.

You expressly understand and agree that Therapas, Therapas Instructors its affiliates, employees, agents, contributors, third party content providers and licensors shall not liable to you for any loss or damage, or for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Therapas is not responsible or liable in any manner for any user content or other content posted on the Website or in connection with the Services.

Therapas does not control and is not responsible for the behaviors and actions of its Members, their comments, posts or information that they upload. Therapas shall make reasonable efforts to moderate such comments, however, you agree Therapas is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website or in connection with your use of the Services.

Therapas is not a law firm, is not engaging in legal practice and does not offer any legal services. Nothing provided by Therapas is legal advice and you cannot rely on it. You should always consult a Legal Professional to ensure certainty of your legal rights and obligations. Therapas is not a clinic and does not engage clients nor provide therapeutic treatment and none of its services or products may be construed as such. If you require treatment you should seek direct therapeutic treatment from an appropriately qualified professional.

Any use of the Therapas Services is not intended to, and does not, create a lawyer-client relationship. Any communication via Therapas may not be held confidential and are not bound by legal privilege.

9. Indemnity

You agree to indemnify Therapas and its officers, directors, employees, sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Website and/or Services (including the document templates), including but is not limited to:

1. any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
2. any act or omission (including negligent acts or omissions) of Therapas or any Therapas Instructor in the performance or purported performance of any Services including if you fail to obtain formal advice from an appropriately qualified professional adviser concerning whether the Services (including any document templates) you choose are suitable for its intended purpose or is suitable for your particular circumstances;
3. your breach of the Terms;
4. the use of any intellectual property created in respect of the Services not contemplated by the Terms or as a consequence of a breach of the Terms; or
5. any activity which you engage on or through Therapas.

This indemnity will survive termination of the Terms.

10. Registration to Webinars and Workshops

Therapas permits registration to Events, being either online Webinars or in-person Workshops.

Payment of fees is required upon registration or purchase. Therapas will not guarantee registration at an Event until payment has been received. Payment will not be deemed to have been received until a tax invoice is issued. All registrants will be forwarded a confirmation email on registration. If you do not receive an email confirmation, please contact Therapas to ensure your registration has been received.

All online Webinar prices are per single natural person registration and viewing only. They may not be distributed to or viewed by another person or persons nor may they be used for group viewings.

All webinar recordings will be made available as soon as possible, and usually within 3 business days after the date of the program at which it was recorded.

11. Transfers and Cancellations for Webinars and Workshops

You may nominate a replacement delegate to attend in your stead at any time without charge.

If you notify us in writing more than 3 working days prior to the event you may choose to: i. Obtain a credit for future use (valid for 12 months and cannot be exchanged for a refund) ii. Obtain a full refund iii. Transfer to another available event. Therapas reserves the right to charge an administration fee to transfer a registration.

No cancellations or refunds within 3 days of the event are permitted.

Therapas intends to run all programs as advertised but reserves the right to change the programs without notice and to cancel/postpone if required. If cancelled or postponed, we will offer a transfer or a full refund/credit.

Please notify all cancellations and transfers by email at [email protected].

12. Attendance at Workshops

By registering to and attending a Therapas in-person Workshop, you agree to the following:

1. That Therapas, its employees and contractors may take, store, edit and utilise photographs or video recordings of you taken during the program.
2. That Therapas may utilise your name, photograph of video recording of you for promotional and other purposes related to the purposes of and activities of Therapas.
3. That you release Therapas from any liability for any infringement of any of your rights arising from the use of the photographs and/or video recording.

You can contact Therapas at any time to withdraw your consent so as to prevent any future use of photographs or video in which you are identifiable.

You may not film or otherwise record any part of a Therapas workshop.

13. Website Content

You may read and copy the information on Therapas for your own needs but you may not publish, resell or sub-licence it. Therapas makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on Therapas.

User Content

In this clause, “User Content” means any and all information and content that You, or another visitor or Member of the Website, submits to or uses with the Website. Therapas does not claim ownership of your content. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy or completeness. You represent and warrant that your User Content does not violate any third-party licenses.

Therapas reserves the right to review, remove or amend any User Content, but Therapas does not have the legal obligation to do so. Information on the Website is no substitute for professional legal advice or direct therapeutic treatment. You should not delay or forgo seeking legal advice or disregard professional advice based on information provided by the Website. If you need therapeutic treatment you should seek an appropriately qualified professional.

14. Copyright and Intellectual Property

The Website and the Services are subject to copyright. All material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Therapas.

You may not, without the prior written permission of Therapas and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain (such as post articles). In any event, Post or Article Authors retain all moral rights (including rights of attribution) in their publications.

15. Termination of Account

Either you or us may terminate the Terms or close the Member Account at any time for any reason by email. If you want to terminate the Terms, you may do so by notifying Therapas by email. A termination will be effective upon receipt of notice. Therapas may, at any time, for any reasons, terminate your access to all or any part of the Website or Services, with or without notice.

All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, confidentiality, disclaimer, limitation of liability and indemnity.

16. Privacy

Therapas protects the privacy and security of information provided by you. By signing up to this activity or purchasing a product, you agree to the use of your personal information by Therapas to process your registration form, to contact you about our products and services, to disclose to third parties providing services to Therapas; for internal purposes, and purposes otherwise generally in accordance with the Therapas privacy policy.

For full terms regarding how Therapas will collect, use and disclose your personal information, please view the extended Therapas Privacy Policy. If you do not wish to receive further information of this type, please notify Therapas at [email protected].

17. External links

The linked sites included in this website are not under the control of Therapas and Therapas is not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to such sites. Therapas is providing these links to use as a convenience. The inclusion of any link does not imply endorsement by Therapas of the site or a relationship with the organisations to which links are provided.

18. Dispute Resolution

You agree to resolve all disputes through the following process.

Firstly, through lodging a complaint to Therapas through our complaints portal. You agree to allow 45 days for us to consider your complaint and seek to resolve it informally through our internal processes.

Secondly, on completion of the 45 days with no outcome mutually satisfactory to the parties, through binding commercial arbitration through an independent arbitrator appointed by the Queensland Law Society as requested by Therapas. You agree to submit to the jurisdiction of the independent arbitrator and be bound by their decision.

You waive your rights to commence any action in any other court or forum until the above dispute resolution process is completed.

19. Artificial Intelligence

From time to time, Therapas may introduce features and capabilities as part of the Service that utilise Therapas AI. Therapas AI may be developed by Therapas and/or Therapas’ third-party providers, and are a part of the Service. Therapas may disable or degrade the performance of such Therapas AI features at its sole discretion.