PURCHASE TERMS

Please read the following terms and conditions to ensure that you are fully aware of your rights and obligations when registering for, and participating in, the various programs (the Programs) offered via our website that is displayed at www.therapyathome.com.au (our Website).

Your purchase of a Program communicates your agreement to be bound by these terms and conditions (Terms), which constitute a contract between The Play Way Pty Ltd trading as Therapy at Home by TPW A.B.N.32 663 133 971 (we, us, our, or Therapy at Home) and you.

Therapy at Home may, from time to time, vary these Terms and will provide notification via our Website. All amendments will be effective immediately upon a notification being displayed on our Website.

Program Fee

1. By accepting these Terms, you agree to pay the Program fee that is displayed on our Website, or otherwise advertised from time to time (the Program Fee), in exchange for participation in a Program.

2. The Program Fee must be paid via any payment method displayed on a tax invoice issued to you by us, or any other payment method that may be stated as being accepted on our Website, from time to time.

3. The Program Fee is in Australian Dollars (AUD) and excludes Goods and Services Tax (GST).

4. You may use NDIS funding as payment of the Program Fee.

5. Subject to clause 10 below, you agree and acknowledge that the Program Fee is non-refundable, to the extent permitted by Australian Consumer Law and any other relevant law.

Access

6. Once we have processed your purchase a Program and the Program Fee has been paid in full, we will email you with confirmation of your purchase.

Program Cancellation

Cancellation by you
7. All purchases of a Program are final and cannot be cancelled by you.
8. You will not be entitled to receive a refund, or any part thereof, if you simply wish to cancel your purchase to a Program.
9. You must not, under any circumstances, transfer your purchase of a Program to any other person, or in any way provide them with access to the Program.

Cancellation by Therapy at Home
10. We reserve the right to cancel a Program because of events beyond our control.
11. In the unlikely event of cancellation, you will be notified and offered the option to receive a full refund.
12. You will not be entitled to seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from our cancellation of any Program.

Program Materials

13. Program materials (Program Materials) supplied to you as part of the Program Fee are subject to change.
14. The Program Materials will be provided in electronic format only.
15. You agree and acknowledge that Therapy at Home owns all intellectual property rights in the Program and the Program Materials.
16. You understand and agree that downloading, reproducing or sharing the Program Materials, with any other person, would amount to a breach of intellectual property rights, and we will have the right to take action against you for breach of contract, as well as breach of statute and common law.

Access to the Program

17. We will provide you with access to the Program once we have shipped the products associated with the Program to you.
18. The Program will be delivered in online format only.

Delivery of physical products

19. Wherever advertised, you will receive a selection of products (Products) delivered to the address that you nominate at the time of placing your order for a Program.
20. The Products may differ at times in terms of brand, colour, and other cosmetic differences due to sourcing factors that are out of our control. However, this will not affect the therapeutic benefits associated with participation in any Program.
21. Costs associated with shipping Products to you are included in the Program Fee.

Product usage and safety information

22. Fidgets and sensory items: It’s important to understand that fidgets are toys; they are valuable tools that can significantly aid in anxiety relief and concentration. Fidgets may vary in durability – they might last a day or a year. For this reason, we cannot provide refunds or accept returns for these items unless they are faulty or damaged upon first opening. Misuse, general wear and tear, or breakage of any Product, by the user, will not result in a refund being issued.
23. Squishy and stretchy items: Please be aware that these items are not designed to last indefinitely. Their longevity can range from a day to a year, and they are not indestructible. They may split or burst, especially if used by any person, who enjoys chewing or biting. Unless proven to be faulty, we do not provide refunds or returns for these items, nor are they responsible for children ingesting the contents of what’s inside these items.
24. Monster Plush Ball: This item is non-toxic and the jelly balls will shrink down to tiny hard balls when exposed to air. The size of them in the bladder is their maximum size.
25. To ensure the proper use and safety of Products, it is crucial to adhere to the provided instructions, ensure they are used by children of the appropriate age, and their use is supervised by an adult.
26. We cannot assume responsibility for any Product’s unsuitable use, including but not limited to, misuse against instructions or intended use or a lack of adult supervision.
26. We cannot tailor toolboxes or our Programs to suit specific requests, at this time. If you order a Program for multiple children, then they will receive the same program and toolbox.
28. All images displayed in the connection with our Programs are representative of the Program theme and not necessarily literal representations of what will be provided to you.

Your Obligations

29. You will:

a. ensure that all information provided to us is accurate; and
b. notify us of any changes to your contact particulars, including email, telephone number, and address.

No warranty or liability

30. We do not warrant or guarantee that any result or objective can, or will, be achieved or attained, as a consequence of participation in the Program.
31. You agree and acknowledge that Therapy at Home or its employees, agents and/or contractors, will not be liable for any loss that you may suffer, as a result of your participation in the Program or use of the Products.

Certificate of Completion

32. Therapy at Home will, as may be applicable, provide an electronic Certificate of Completion following your completion of the Program.

Privacy

33. All personal information that we collect about you will be handled, treated and stored in accordance with our Privacy Policy, which you agree to by agreeing to these Terms.

Feedback

34. We are always looking to improve our programs and commercial offerings. Please email us if you would like to provide us with your feedback.

General

35. These Terms contain the whole agreement in respect of the subject matter of the agreement between you and us.
36. You confirm that you have not entered into these Terms on the basis of any representation that is not expressly incorporated into these Terms.
37. If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
38. These Terms take effect, is governed by, and will be construed in accordance with the laws from time to time in force in Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria.

These Terms were last updated on 24 April 2024.