PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. 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 The Play Way’s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Play Way and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Play Way’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that The Play Way is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Play Way’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 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 The Play Way.
All items that are returned to sender due to incorrect address provided by the customer, or due to being left at the post office for too long by the customer can be re-shipped with costs covered by the customer. Payment for these additional shipping costs must be received by The Play Way before re-shipping the order.
Digital goods are delivered immediately. Please be aware there are 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
The Play Way handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, 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 discuss with you the reasonable process for a full or partial refund upon timely receipt of the goods purchased in their original resalable condition and in consideration of the consumption of program related IP. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Play Way.
PRODUCT USAGE AND SAFETY INFORMATION
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. Due to this, The Play Way 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 by the user are not covered under our refund policy.
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 individuals who enjoy chewing or biting. The Play Way does not offer refunds or returns for these items nor are they responsible for children ingesting the contents of what’s inside these items.
Monster Plush Ball: This product 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 the maximum size they will be.
To ensure the proper use and safety of our products, it is crucial to adhere to the provided instructions, ensure they are used by children of the appropriate age, and supervise their use by an adult.
The Play Way 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.
Toolbox product inclusions: The essential components of the toolbox generally don’t change over time unless we are making improvements to the overall program. The specific tools included may differ at times in terms of brand, colour, and other cosmetic differences due to sourcing factors out of our control. This will not affect the therapeutic benefits of the program as intended for the participant. We recommend you only order one program per child to ensure the appropriate use of funds. We cannot tailor toolboxes or programs to suit specific requests at this time. If you order a program for multiple children they will receive the same program and toolbox. All shop listing images are representative of the program theme and not necessarily literal representations of what’s in the toolbox.
GROUP TELEHEALTH SESSIONS
Group Telehealth Sessions are a complementary service with every program purchase. Session times and links are sent via email each week to customer email addresses. Sessions are limited to addressing questions related to the successful implementation of your Therapy at Home Program. Questions will be answered if they are submitted in writing via the email link provided within the timeframe specified in your Group Telehealth Session invitation email. Questions submitted outside of this time frame will not be addressed in that week’s Group Telehealth Session.
Examples of appropriate questions are provided and are limited to the implementation of Therapy at Home Programs. Group Telehealth Sessions are a group space for parents and caregivers to ask questions about the implementation of their Therapy at Home Program/s. Questions must be focussed in this way, and not generalised outside of the program implementation to your participant’s other varied therapy needs.
If individualised and complex questions are submitted they will not be addressed during the Group Telehealth Session. However, our therapist will respond to you via email, where possible, to direct you to any supports or services that we are aware of that may be able to assist you. If you’re requiring an assessment or individualised package of support around a specific area of need, please enquire at The Play Projects to find out what supports they may have available.
Group Telehealth Sessions take place on Zoom. These sessions are not recorded and your privacy is protected. Please see our privacy policy for more information.
LINKS TO OTHER WEBSITES
The Play Way may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Play Way and the owners of those websites. The Play Way takes no responsibility for any of the content found on the linked websites.
The website may contain information or advertisements provided by third parties for which The Play Way accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, The Play Way absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Play Way gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any 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 or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of The Play Way to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. 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.
YOUR PRIVACY
At The Play Way, 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 respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. The Play Way’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
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 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.
DISCLOSURE OF INFORMATION
The Play Way may be required, in certain circumstances, to disclose information in good faith and where The Play Way is 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.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Play Way. The Play Way 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 then The Play Way 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. The Play Way reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
The Play Way expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and The Play Way concerning your use and access to The Play Ways website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and The Play Way that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
MONTHLY PLAY PACK GIVEAWAY TERMS AND CONDITIONS
1. Eligibility:
1.1 The Monthly Play Pack Giveaway (the “Giveaway”) is open to individuals who are current subscribers to Therapy at Home by The Play Way community email at the time of the draw.
1.2 Friends and family members of Therapy at Home by The Play Way are excluded from participating in the Giveaway.
2. Entry Period:
2.1 The Entry Period for each monthly Giveaway begins on the first day of the month and ends on the day of the draw – which is generally in the last week of the month..
3. How to Enter:
3.1 Eligible individuals will automatically be entered into the Giveaway if they are subscribed to Therapy at Home by The Play Way community email during the Entry Period.
4. Prize:
4.1 The prize for the Giveaway is a Monthly Play Pack, the contents of which may vary each month.
4.2 The winner will be drawn at random from the pool of eligible subscribers at the end of each month.
5. Winner Selection:
5.1 The winner will be selected at random from the eligible subscribers and will be notified via the email address associated with their subscription within seven (7) days of the end of the competition draw.
5.2 If the selected winner is determined to be a friend or family member of Therapy at Home by The Play Way, a new winner will be selected at random.
6. Prize Claim:
6.1 The selected winner must respond to the notification email within fourteen (14) days to claim the prize.
6.2 If the selected winner fails to respond within the specified timeframe, a new winner will be randomly selected from the pool of eligible subscribers.
7. Publicity:
7.1 By accepting the prize, the winner agrees to allow Therapy at Home by The Play Way to use their name and likeness for promotional purposes without further compensation.
8. General Conditions:
8.1 Therapy at Home by The Play Way reserves the right to cancel or modify the Giveaway at any time for any reason.
9. Privacy:
9.1 The personal information collected during the Giveaway will be used to administer the Giveaway and will not be shared with third parties.
By participating in the Monthly Play Pack Giveaway, participants agree to be bound by these Terms and Conditions.