WEBSITE TERMS AND CONDITIONS

Welcome to Babcock & Associates Pty Ltd [ABN 57622034208] and www.selfcentre.com.au and www.selfcentrelearning.thinkific.com, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time. 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

To provide correct information and comply with the law

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

To only make personal and non-commercial use of our Content

You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing [email protected]. All trademarks on our website belong to their respective owners.

To use third party software, links etc at your risk

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software, and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.

To not rely on any “advice”

Some of the information we provide on our website may be  related information. It does not constitute any  advice and we provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information. 


WE MAKE NO WARRANTIES OR GUARANTEES

 We cannot represent, warrant or guarantee that:

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at [email protected] if you find any issues.

 

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

 

OTHER

This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision. 

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs. 

We, us, or our means Babcock & Associates Pty Ltd [ABN 57622034208] and includes any of our directors, officers, employees, agents, partners and contractors.

 


ADDITIONAL TERMS OF SERVICE FOR CUSTOMERS  

These Additional Terms of Service for Customers (“Terms”) apply to all clients and customers, or all potential clients and customers of Babcock & Associates Pty Ltd [ABN 57622034208] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our Website and Services form an agreement with us (“Agreement”). “You” could be any client or customer of ours. If you do not agree, you cannot purchase any of our Products online. We may change this Agreement at any time, and by continuing to use or access our Website and Services, you are accepting those changes. 


BEFORE PURCHASE 


Things you must do before purchasing Products on our Website 

You must: 

  • be 18 years old or have parental consent; 
  • provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information; 
  • pay for the Product via the published payment methods available; 
  • have any special offer coupons ready as they must be used at the time of purchase to apply; they cannot be applied retrospectively; 
  • ensure you have adequate technology set up and internet access to receive any digital products;

How it works 

You can purchase the Products via our Website by making an online payment using stripe and a credit card. Some Products we sell are learning module videos that offer education and information on topics related to mental health (e.g., anxiety management, sleeping well, eating well, self-care, etc.) Where you purchase any of our Products, this does not make you our client. You can only become a client, and a client relationship is only formed when you attend a session and meet with a psychologist.  

 
Acknowledgements you make when purchasing on our Website 

You acknowledge and agree that there may be: 

  • occasional errors or omissions in Product descriptions, prices,  availability and promotions; 
  • Products we display that are only available through our Website;  
  • technical problems access the Products there are inherent risks associated with downloading digital products and using online software; and 
  • some Products with limited quantities, and some sales that are limited to certain regions or groups of people. 

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Products.  

 

Acknowledgements you make in relation to Intellectual Property 

 

All the Intellectual Property Rights in the Products are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Products for the use of one business and/or your sole personal use only.  


Please contact us immediately at [email protected] if you have any concerns in relation to copyright, or personal information.  


Acknowledgements you make in relation to Health Information 

The information provided in our Products is educational only. We are psychologists but are not providing any information in our capacity as health professionals. We are not medical doctors, psychiatrists, qualified social workers or counsellors. You are solely responsible for the use of any information provided within our Products. Do not use the information for your own treatment. We strongly recommend that you obtain independent professional health advice before you make decisions or take steps that rely on any health or medical information we may provide. You acknowledge and agree that where you use the information, responses to treatment will vary from person to person and cannot always be predicted; and we cannot guarantee that any recommended treatment or treatment plan will be successful and in some cases it may even aggravate a condition. 


You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your reliance on any information we may provide. 

 

 

AFTER PURCHASE 

Things you must do after purchasing on our Website 

You must: 

  • comply with our instructions in relation to the Product; 
  • contact us by email at [email protected] if you have any issues with the Product and require a refund;
  • maintain the confidentiality of your login and password for your account accessing Products; 
  • contact us by email at if you have any difficulty downloading or accessing any Products; 
  • not reproduce, duplicate, copy, sell, re-sell or exploit the Products in any way; 
  • seek our prior written consent before any publication of information about us; and 
  • in the case of a dispute keep all communications confidential. 


You further agree that you will not do anything which may endanger, jeopardise or prejudicially affect our goodwill, image or standing.  


OTHER MATTERS YOU SHOULD BE AWARE OF 


We may change information on our Website and store 

Except as required by law, we may at any time, and without prior notice to you: 

  • change and update information including availability and promotions; 
  • change prices or descriptions of our Products; 
  • change our range of Products, or discontinue Products; and/or 
  • cancel orders if information is inaccurate. 


We comply with the Australian Consumer Law 

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products are of acceptable quality, fit for purpose and match the description we provide on our Website. You will have the right to have a Product replaced or refunded if it doesn’t meet a consumer guarantee.  

Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with our instructions, or where you fail to provide us with adequate information. 


If we need to cancel your order, we will provide a refund 

Except as required by law, all sales for our Products are non-transferable and non-refundable. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission. We do not provide refunds except as required under the Australian Consumer Law. 


We can refuse to serve you and sell Products at any time 

We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Products, or stop any services. 


LIABILITY AND INDEMNITY  

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product. 


To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: 

  • the replacement of the products or the supply of equivalent products; or 
  • the payment of the cost of replacing the products or of acquiring equivalent products. 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for. 


You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your reliance on any information in any Product, and any breach of this Agreement, including, but not limited to, any breach of Intellectual Property Rights. You indemnify us against any and all Loss or Damage which we may suffer as a result of any Claims arising out of or in connection with your reliance on any information, and any breach of this Agreement. 


IF THERE IS A DISPUTE  

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 


OTHER  

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement. 


DEFINITIONS  


Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).  


Agreement means these Additional Terms and all other terms and conditions, and policies published or linked to on our Website.  


Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.  


Content means any or any other content or information you provide to us.  


Intellectual Property Rights  means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.  


Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, psychological damage, death, negligence, trespass, property damage and legal costs.  


Products means any product available through our Website, and includes any digital products and videos. 


We, us, or our means Babcock & Associates Pty Ltd [ABN 57622034208] and includes any of our directors, officers, employees, agents, partners, and contractors. 


Website and Services means www.selfcentre.com.au and www.selfcentrelearning.thinkific.com, and everything available on this website including, but not limited to, all Products and any services.