Website Terms of Use

These Website Terms of Use (‘Terms’) govern your access to and use of education.biohealththerapies.com.au, and any purchase you make through it. The website is operated by JM Byrne and NK Byrne, a partnership trading as Bio Health Therapies (ABN 91 157 068 354) (‘we’, ‘us’ or ‘our’). By accessing, browsing or using the website, or by placing an order through it, you agree to be bound by these Terms. If you do not agree, you must not use the website.

1. DEFINITIONS

‘ACL’ means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

‘Content’ means all text, images, graphics, video, audio, logos, course previews, blog articles and other material published on the website.

‘Course Terms’ means our Course Terms and Conditions, which apply to enrolment in any course.

‘Digital Products’ means any downloadable or online product we sell through the website, including online modules, resources and membership access.

‘Products’ means courses, memberships, Digital Products and any other goods or services we offer for sale through the website.

‘User’ means any person who accesses or uses the website.

2. USE OF THE WEBSITE

2.1 We grant you a limited, revocable, non-exclusive licence to access and use the website for your own personal and professional information purposes.

You must not:

(a) use the website for any unlawful purpose or in breach of these Terms;

(b) copy, reproduce, republish, scrape, data-mine, frame, adapt, distribute or commercialise any Content without our prior written consent;

(d) introduce any virus, malware or other harmful code;

(e) use any automated system, robot or spider to access the website; or

(f) impersonate any person or misrepresent your affiliation with any person.

2.2 We may suspend or terminate your access to the website at any time, without notice, if we reasonably believe you have breached these Terms.

3. ACCOUNTS

3.1 Some parts of the website require you to create an account. You must provide accurate and complete information and keep it up to date.

3.2 You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Accounts are personal to you and must not be shared.

3.3 You must notify us immediately if you become aware of any unauthorised use of your account.

4. CONTENT AND INFORMATION ON THE WEBSITE

4.1 The Content on this website is general information only. It is educational in nature and is not clinical, medical, diagnostic, therapeutic, financial or legal advice. It is not a substitute for individual professional assessment, diagnosis or treatment.

4.2 Nothing on the website creates a practitioner-patient relationship between you and us, or between any reader and us.

4.3 Our courses are educational and are not accredited. They are not nationally recognised training, are not delivered under a Registered Training Organisation framework, and do not lead to a formal qualification. Any certificate issued is a certificate of completion or attendance only and is not evidence of competence.

4.4 If you are a health practitioner, you remain solely responsible for your own clinical judgement, your own scope of practice, and for how you apply any information obtained from this website.

4.5 If you have a health concern, you should consult an appropriately qualified health practitioner. If your concern is urgent, call 000 or attend your nearest emergency department.

4.6 While we take reasonable care to ensure the Content is accurate and current at the time of publication, we do not warrant that it is accurate, complete, current or free from error.

5. ORDERS AND PURCHASES

5.1 The display of a Product on the website is an invitation to treat, not an offer. Your order is an offer to purchase, which we may accept or decline.

5.2 A contract is formed only when we send you an order confirmation. If we decline your order, or if a Product is unavailable, we will refund any amount you have paid for it.

5.3 We may decline or cancel an order where the Product is unavailable, where there is an error in the price or description, where you do not meet the eligibility criteria for a course, or where we suspect fraudulent or unauthorised activity.

5.4 Where you purchase a course or membership, your purchase is also governed by the Course Terms. If there is any inconsistency between these Terms and the Course Terms in relation to a course, the Course Terms prevail.

5.5 Enrolment in our courses is limited to eligible participants, being registered occupational therapists, occupational therapy students, and such other persons as we approve in writing. You warrant that you meet the eligibility criteria when you place your order.

6. PRICES, PAYMENT AND GST

6.1 All prices are in Australian dollars and are inclusive of GST unless stated otherwise.

6.2 We may change prices at any time. A change does not affect an order we have already accepted.

6.3 You may pay by direct deposit to our nominated account, or by debit or credit card through our third party payment provider, Stripe. We may make other payment methods available from time to time. We do not store your full card details, which are handled by our payment provider, and your use of the payment provider is subject to its own terms and privacy policy.

6.4 You warrant that you are authorised to use the payment method you provide.

6.5 If a payment is declined, reversed or charged back, we may suspend your access to the Product until the amount is paid.

6.6 We take reasonable care with pricing, but if a Product is listed at an obviously incorrect price, we may cancel the order and refund you in full rather than supply at that price.

7. MEMBERSHIP SUBSCRIPTIONS AND RECURRING PAYMENTS

We offer membership on the following plans, each of which gives you access to the membership content and benefits for the relevant period:

(a) a monthly plan, paid monthly in advance;

(b) a 6-monthly plan, paid in advance for a 6-month term, at a discount on the monthly rate; and

7.1 Immediate access: When we receive your payment, we give you access to the membership content promptly. You acknowledge that access to digital content begins immediately and before any cooling-off period would otherwise end.

7.2 We will clearly disclose to you, before you purchase, the price of each payment, the billing frequency, the minimum term, whether the plan renews automatically, the discount applying to the 6-monthly plan, and how to cancel.

7.3 You authorise us and our payment provider to charge your nominated payment method on a recurring basis for your plan, at the interval and amount disclosed to you, until you cancel in accordance with this clause.

7.4 Automatic renewal: Each plan renews automatically at the end of its term for a further term of the same length, at the then-current price, unless you cancel before the renewal date. We will send you a reminder at least seven (7) days before a 6-monthly plan renews.

7.5 Cancelling a monthly plan: You may cancel a monthly plan at any time through your account or by contacting us. Cancellation takes effect at the end of the current paid month. You keep access until then, and we do not charge you again.

7.6 Cancelling a 6-monthly plan: The 6-monthly plan is prepaid, fixed-term commitments offered at a discount in exchange for that commitment. You may cancel at any time to stop the plan renewing, but the current prepaid term is non-refundable and you keep access to the end of that term. We do not provide a partial refund for the unused part of a prepaid term, except where the ACL requires it.

7.7 Nothing in this clause limits your rights under the ACL, including your right to a remedy if the membership is not of acceptable quality or does not match its description. If we materially reduce the membership benefits during a prepaid term, we will offer you a pro-rata refund or an equivalent alternative.

7.8 We may change membership pricing on at least thirty (30) days’ written notice. A change does not affect a prepaid term you have already paid for; it applies from your next renewal. If you do not accept the change, you may cancel before it takes effect.

7.9 If a recurring payment fails, we may retry the payment and suspend your access until payment is made. If payment remains unpaid after fourteen (14) days, we may cancel the membership.

8. DELIVERY OF DIGITAL PRODUCTS

8.1 Digital Products are delivered electronically, by giving you access through our online learning platform or by emailing you access details, normally immediately and in any event within twenty-four (24) hours of our order confirmation.

8.2 Access to a Digital Product is personal, non-transferable and for a single user. You must not share your login credentials.

8.3 Unless we state otherwise, access to a Digital Product continues for six (6) months from the date access is granted.

8.4 You are responsible for having the internet connection, device and software required to access the Digital Product.

9. REFUNDS, RETURNS AND YOUR RIGHTS UNDER THE ACL

9.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded.

9.2 Our Products come with guarantees that cannot be excluded under the ACL. You are entitled to a remedy if a Product is not of acceptable quality, does not match its description, or is not fit for a purpose we said it was fit for.

9.3 Change of mind: Because Digital Products are supplied immediately on purchase, we do not offer a refund for change of mind once you have accessed the Digital Product. Where you have purchased a Digital Product but have not yet accessed it, you may request a refund within fourteen (14) days of purchase.

9.4 Refunds and transfers for courses, including the in-person component, are governed by the cancellation provisions in the Course Terms.

9.5 Approved refunds are made to the original payment method within ten (10) business days.

9.6 To request a refund or make a claim, contact us at [email protected] with your order number and the reason for your request.

10. INTELLECTUAL PROPERTY

10.1 All intellectual property rights in the website and the Content, including copyright, trade marks and design rights, are owned by us or licensed to us.

10.2 You may view, and print or download a single copy of, Content for your own personal, non-commercial use, provided you do not remove any copyright or proprietary notice.

10.3 You must not use our business name, trading name, logo or trade marks without our prior written consent.

10.4 If you submit any comment, testimonial, review or other material to the website, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce and publish it in connection with our business. You warrant that you own the material and that it does not infringe anyone else’s rights.

11. THIRD PARTY LINKS AND CONTENT

11.1 The website may contain links to third party websites, products and resources. We provide these for convenience only.

11.2 We do not endorse, control or accept responsibility for any third party website or its content, products or privacy practices. Your dealings with a third party are solely between you and that third party.

12. AVAILABILITY AND SECURITY OF THE WEBSITE

12.1 We do not warrant that the website will be available without interruption, that it will be free from error, or that it or its server is free from viruses or other harmful code.

12.2 We may suspend, withdraw, vary or discontinue all or any part of the website at any time without notice.

12.3 You are responsible for maintaining your own antivirus protection and for backing up your own data.

13. LIMITATION OF LIABILITY

13.1 Nothing in clause 13 limits or excludes any liability that cannot lawfully be limited or excluded, including under the ACL.

13.2 Where the ACL applies and the Product is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, at our option, to resupplying the Product or paying the cost of having it resupplied.

13.3 Subject to clause 13.1, and to the maximum extent permitted by law, we are not liable for any indirect, special or consequential loss, or for any loss of profit, revenue, data, opportunity or goodwill, arising out of or in connection with the website or these Terms.

13.4 Subject to clause 13.1, and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the website and these Terms is limited to the greater of the amount you have paid to us in the twelve (12) months before the claim, and $100.

13.5 Subject to clause 13.1, you use the website and rely on the Content at your own risk.

14. INDEMNITY

You indemnify us, and our officers, employees and contractors, against all claims, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with:

(a) your breach of these Terms;

(b) your use or misuse of the website or the Content; or

except to the extent caused by our negligence.

15. PRIVACY

15.1 We collect, hold, use and disclose personal information in accordance with our Privacy Policy, available at education.biohealththerapies.com.au. By using the website you consent to that handling.

15.2 The website uses cookies. See our Privacy Policy for details and for how to disable them.

16. CHANGES TO THESE TERMS

16.1 We may amend these Terms at any time by publishing the amended Terms on the website. The amended Terms take effect from the date of publication.

16.2 The Terms in force at the time you place an order apply to that order.

16.3 Your continued use of the website after we publish amended Terms constitutes your acceptance of them.

17. DISPUTE RESOLUTION

17.1 If you have a complaint, please contact us in writing at [email protected] setting out the nature of your complaint and the outcome you seek.

17.2 We will acknowledge your complaint within seven (7) days and respond substantively within twenty-one (21) days. The parties must then negotiate in good faith for twenty-one (21) days.

17.3 If the dispute is not resolved, either party may refer it to mediation in Perth, Western Australia, by a mediator agreed between the parties or, failing agreement, appointed by the Resolution Institute. The parties share the mediator’s costs equally.

17.4 Neither party may commence court proceedings (other than for urgent interlocutory relief) until it has complied with clauses 17.1 to 17.3.

17.5 Clause 17 does not limit your rights under the ACL or your right to complain to a regulator or consumer affairs body.

18. GENERAL

18.1 These Terms are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

18.2 If any provision of these Terms is or becomes invalid or unenforceable, it is to be read down or severed, and the remaining provisions continue in full force.

18.3 A failure or delay by us in exercising a right does not operate as a waiver of that right.

18.4 We may assign or novate our rights and obligations under these Terms. You may not do so without our prior written consent.

18.5 Clauses 11, 13, 14, 17 and 18 survive termination of these Terms.