Welcome to www.abilityplustherapy.com.au and thank you for taking the time to familiarise yourself with our Terms and Conditions. These Terms and Conditions govern the use of www.abilityplustherapy.com.au ("this website") and cannot be varied by any individual or entity, unless there has been a prior written agreement.
www.abilityplustherapy.com.au is owned and operated by Ability Plus Pty Ltd (ABN 72 986 582 557).
General Use
The following 'General Use' Terms and Conditions govern the manner in which this website is to be used and specific obligations that users must accept prior to using this website. In addition to these terms, there may also be additional terms that govern your use of or access to specific parts or sections of this website, including, but not limited to the Terms and Conditions associated specifically with online purchasing and newsletter subscription (if applicable).
Your access, use or browsing of this website signifies your acknowledgement and acceptance of these terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Ability Plus Pty Ltd reserves the right to amend or update these Terms and Conditions at any time without providing notice to you. Users that do not fully agree with these Terms and Conditions should immediately exit this website.
If you are under 16 years of age, we require that you obtain the consent of your parents or guardians before providing us with any information or making any purchases.
Membership Accounts
A Ability Plus Pty Ltd Member may not have more than one active membership, whether this is by use of name, e-mail address, alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as vouchers, promotional benefits and the value therein. Membership accounts are non-transferable and as a Ability Plus Pty Ltd Member, you agree to take responsibility for all activities that occur under your membership account.
Intellectual Property
Copyright in this website is owned by Ability Plus Pty Ltd. Photos, logos, images, video clips, designs, and product information are either property of, or used with permission by Ability Plus Pty Ltd and are protected by copyright, trademarks and other intellectual property right laws.
Material on this website may only be used for the purposes of browsing this website and acquiring the goods of Ability Plus Pty Ltd. Trademarks used in this website are the property of their respective owners. The absence of a product or service name or logo from this website does not constitute a waiver of the respective owners' trademark or other intellectual property rights concerning that name or logo.
Any unauthorised use of material on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Users of this website must obtain permission before copying, downloading or altering material from this website where this is not used for the purposes of browsing this website and acquiring the goods of Ability Plus Pty Ltd.
Ability Plus Pty Ltd will enforce its intellectual rights to the fullest extent of the law, including the seeking of legal prosecution. Please direct all queries relating to the use of intellectual property on this website in writing to:
Sales Manager
Brentwood Village Medical Centre
67 Cranford Avenue
Brentwood WA 6153
Fax: (08) 9384 981
Disclaimer of Liability
Ability Plus Pty Ltd is committed to providing a quality online shopping experience for its customers and makes every attempt to ensure the accuracy, currency and reliability of information contained in this website. However, changes in circumstances after time of publication may impact the quality of this information and Ability Plus Pty Ltd do not warrant the accuracy, adequacy or completeness of any material on this website. All information on this website is subject to change without notice.
The information provided on this website does not constitute legal or professional advice nor is it conveyed or intended to be conveyed in the course of any adviser-client discourse. Ability Plus Pty Ltd makes the material available on this website on the understanding that users exercise their own skill and care with respect to its use. Before relying on the material in this website, users should carefully evaluate the accuracy, completeness and relevance of the information for their purposes. Ability Plus Pty Ltd will not be liable for any misinterpretation of information contained on this website.
By accessing information at or through this website each user waives and releases Ability Plus Pty Ltd to the full extent permitted by law from any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs) whatsoever arising out of, or attributable to, any content, goods or other material on this website whether in contract, tort (including negligence), statute or otherwise. Ability Plus Pty Ltd will not accept any liability for defamation resulting from third party material on this website and is not liable for the actions of users of this website, the providers of information or ideas to this website or the suppliers of goods purchased from this website.
If the law implies any condition or warranty liability for breach of which cannot be excluded, our liability is limited, at our exclusive option to the:
1. supply of the goods or services again,
2. supply of equivalent goods,
3. payment of the cost of having the goods replaced or repaired; or
4. payment of the cost of obtaining equivalent goods or services.
Applicable Law
If any part of these Terms and Conditions are held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are governed by the laws in force in Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts, which may hear appeals from those courts.
Online Purchasing
The following 'Online Purchasing' Terms and Conditions outline the various terms of the purchase agreement that must be agreed to before any transaction can proceed.
If you purchase goods from this website or create a membership account with us, we may require you to provide your name, e-mail address, credit card number or other details to enable the processing of any orders that you make. You agree to provide Ability Plus Pty Ltd with current, complete and accurate customer information when asked to do so by this website or a customer service representative of Ability Plus Pty Ltd.
Please note that some products we sell may not be suitable for children because they represent a choking or some other safety hazard. All customers warrant that they are over 16 or have the consent of their parents or guardians to enter into a purchase agreement with Ability Plus Pty Ltd.
Pricing, Ordering and Payment
Prices of goods, delivery and other charges displayed on this website are current at the time of display. All prices are in Australian Dollars (AUD) and inclusive of the Goods and Services Tax (GST) at the current rate of 10%. These prices are subject to variation without notice.
Please note Ability Plus Pty Ltd can only accept cheques drawn on an Australian Bank and will only dispatch goods upon receipt of cleared funds. This is normally 5 business days upon receipt of a cheque / money order, depending on the originating bank. Payment by credit card is the quickest way of having your order on its way to you. All orders for which payment is not received within 10 business days will be cancelled.
Placement of an order by you constitutes an offer to enter into an agreement with us. Upon the receipt of an order we will communicate to you (normally by e-mail), a confirmation that we have received the details of your offer. In the case of online orders we will also confirm the dispatch of your order, with consignment details for online tracking, where available.
No contract will exist between you and Ability Plus Pty Ltd for the sale by it to you of any product unless and until Ability Plus Pty Ltd confirms acceptance of your order by e-mail or phone. In the case of e-mail communications, that acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Ability Plus Pty Ltd sends the e-mail to you (whether or not you receive that e-mail).
At all times we will contact you as soon as possible should a problem exist with your order. A customer service representative may also contact you from time to time for security reasons to confirm the authenticity of your order.
Orders will be processed and dispatched, subject to product availability, based on the delivery service chosen. It is extremely important that order forms contain correct and complete information. Should you enter the wrong address, for example, we are not obliged to re-send the order to the correct address at out expense. Redirection to an address other than that contained within your original order will incur you additional charges. Accurate contact information, such as telephone numbers etc. allows us to contact you in the event of a problem with your order.
Orders will not be dispatched until full payment has been received and Ability Plus Pty Ltd is satisfied with the integrity of the order. Ability Plus Pty Ltd is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Cancellation
We reserve the right not to provide goods, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
If you wish to cancel a confirmed order, please contact us as soon as possible by phone / fax or email. Our agreement with you only comes into existence once we have confirmed your order and processed your payment. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled (e.g. orders already dispatched) will be subject to our Terms and Conditions relating to Refunds. Accordingly, delivery charges may not be refundable.
Refund, Exchange and Warranty
To enable you to shop with confidence Ability Plus Pty Ltd offer a 30 day 'no quibbles' money back guarantee on our entire product range, EXCLUDING Cds, dvd’s, inflatable globes or unless otherwise stated. If you're not completely satisfied with your purchase, return it in its original packaging and condition within 30 days of receipt of your goods, and we will refund your money - less delivery charges (unless goods are dead on arrival, damaged, faulty or incorrectly dispatched and this is advised to us in accordance with these Terms and Conditions). Faulty goods may be able to be returned after the 30 day period, in accordance with a valid warranty claim as detailed below.
You may return products purchased online from Ability Plus Pty Ltd within 30 days from the order date for a full refund or exchange. The products must be in resalable condition and include all packaging.
Returns Department
Ability Plus Pty Ltd
Brentwood Village Medical Centre
67 Cranford Avenue
Brentwood WA 6153
Fax: (08) 9384 981
Please note: We do not refund DVDs or CDs unless damaged during transit and will be replaced by the same title.
If you have paid for all or part of a return with a voucher, your refund will comprise an equivalent voucher, available for you to use the next time you place an order with Ability Plus Pty Ltd. If the voucher you used would have expired at the time of refund, the voucher will be deemed to have no cash value.
Please note that all warranty claims and returns must be accompanied by a valid invoice/receipt. There are also expressed or implied conditions, warranties, guarantees, rights and remedies under the Trade Practices Act and you may also have additional rights under a manufacturer's warranty on certain products. Where you pursue a manufacturer claim after expiration of our 30 day warranty, it will be your responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card.
Ability Plus Pty Ltd is not responsible for any item that is not returned in the manner set forth above. Please feel free to contact us with any additional questions you may have.
Availability of Goods
Please note: All transactions are charged in Australian Dollars (AUD). While the Australian GST is not charged for exported goods, you will be responsible for any additional import fees, taxes, brokerage fees and handling fees levied by the recipient country. These additional fees are not collected or controlled by Ability Plus Pty Ltd. Goods purchased by international customers who are having their products delivered to an Australian address will be charged GST as the goods are not being exported.