ADDITIONAL TERMS OF SERVICES FOR CUSTOMERS

These Additional Terms of Service for Customers (“Terms”) apply to all clients and customers, or all potential clients and customers of Maitena Davies t/as Tena Davies [ABN 14922794073] (“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 online via our Website by using stripe and a credit card. Our Products are digital treatment guides which you can download after you make the payment.
 

 

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 therapist and/or your sole personal use only. For the avoidance of doubt, the Product is licenced for the use of one therapist, and you acknowledge and agree not to distribute or share with any other therapist or colleague or person.

Please contact us immediately at info@tenadavies.com 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 info@tenadavies.com 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.

 

THINGS WE'D LOVE YOU TO DO AFTER PURCHASING ON OUR WEBSITE

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use  them  for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@tenadavies.com

 

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 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 your 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 VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, 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.
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 guides.
We, us, or our means Maitena Davies t/as Tena Davies [ABN 14922794073] and includes any of our  employees, agents, partners, and contractors.
Website and Services means www.tenadavies.com, and everything available on this website including, but not limited to, all Products and any services.