Terms & Conditions
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Parties covered in these T&C
- Pink Elephant Kids (Provider)
- You – the person using the Provider’s website or procuring the Provider’s services (Customer)
1. General Terms
The Provider operates a business and website that exists for the purposes of providing support services to families, children, teachers and others involved in the care and growth of children. Our business exists to provide these services in a non-clinical, non-professional setting. The business has been founded by a Master Qualified Nuero Linguistic Programmer, a Certificate IV Qualified Personal Trainer and Nutritionist who also has certification training in Child Mental Health, Childhood Trauma, and Family Health and the impact of Domestic Violence on Children as well as in Youth Mental Health First Aid.
The Agreement applies to all aspects of the relationship between Customer and Provider, including without limitation:
- the Services;
- Customer’s use of Provider’s website;
- all communications between Customer and Provider.
3. Provider Responsibilities
- Subject to the Agreement, Provider will provide Services to Customer.
- Provider is not responsible for any service provided by third-party psychologists, including psychological treatment. Provider is responsible for the Services purchased only.
- Customer acknowledges that Customer, and not Provider, is responsible for enforcing the Customer’s contractual or other rights against psychologists.
- Customer acknowledges that the Services and advice provided as part of the Service are generalist in nature and should be used by the active carer with respect to the individual child's needs.
- Provider will not provide information, reports or documentation for medico-legal or family court related purposes unless we required to do by law, under a subpoena or by a court order.
Provider will keep Customer’s and patients’ confidential information confidential and only share it:
- to the extent necessary to provide the Services;
- to comply with the law or a court order; or
- with Customer’s written consent.
4. Customer Responsibilities
- Customer is responsible for the information it provides to Provider.
- Customer warrants it is authorised to arrange to make a purchase on behalf of a child in their care.
Customer will cooperate reasonably and in good faith with the Provider. Customer agrees to:
- inform provider of all matters necessary for it to provide the Services safely;
- provide the Provider with such licences as are necessary to provide the Services; and
- respond in a timely manner to Provider’s inquiries related to the Services.
5. Fees and payment
- Customer must pay Provider the amounts set out on the pricing pages (all in Australian Dollars) and/or be a paid up-member of Puink Elephant Kids for services to be rendered.
- Payment is accepted when a successful transaction has been made through the website, or when funds are transferred and are accessible within our accounts.
- Shipping fees and any sundry fees will be advised to Customer before a purchase.
- Where a Customer orders a kit which requires physical Delivery (such as the DFY kit) the customer will have 24 hours to cancel the order before it is shipped. Once this period has expired the order cannot be refunded.
- An exception to order refunds will be made where the customer can show the good received were faulty, damaged or lacking in some manner.
7. Exclusion of express warranties
Except as expressly provided in the Agreement, Provider makes no warranties or guarantees that:
- NLP techniques or advice provided or other services facilitated by Provider are suitable for the person receiving them;
- advice provided by Provider will be effective;
- the services rendered by the Provider do, or should in any way, replace the services of face-to-face counselling or similar with a licenced practitioner.
8. Limitations, exclusions and indemnities subject to the law
All limitations, exclusions and indemnities in the Agreement are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by the law.
9. Limitation of liability
Provider excludes all other liability to Customer for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by Customer in connection with the Agreement or the Services, including in connection with:
- any act or omission of the Provider, or any related body corporate under or in relation to the Agreement;
- negligence or misconduct of aPink Elephant Kids;
- the Provider’s breach of the Agreement;
- the termination of the Agreement;
- the Customer’s failure to fulfil its obligations under the Agreement;
- any failure to use the suggestions, cards and advice provided in the manner intended;
- any unauthorised activity by a third party in relation to the Services, or the Customer’s or Customer’s nominee’s personal information;
- any personal injury or death arising directly or indirectly in connection with the Agreement;
- any loss or damage to property arising directly or indirectly in connection with the Agreement;
- failure of any third party component including, without limitation, software failure, hardware failure, network failure, or power failure;
- incorrect, corrupt or lost data;
- computer virus, trojan and other malware in connection with the Services;
- security vulnerabilities in relation to the Services or any breach of security that results in unauthorised access to or corruption of Data or data;
- failure of any third party software including, without limitation, the operating system and any other software;
- failure of any third party component including, without limitation, hardware failure, network failure, or power failure;
- Customer’s failure to provide sufficient access or accurate information for the Provider to provide the Services;
To the fullest extent available under the law, Provider excludes all implied guarantees, conditions and warranties from the Agreement and the Services, except any Non Excludable Condition.
10. General indemnity
Customer indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Agreement or Customer’s use of the Services, including in connection with:
- Customer’s breach of the Agreement;
- Customer’s breach of warranty including Customer’s warranty as to its authorisation to provide care and advice to a minor;
- the Provider’s enforcement of its rights in connection with the Agreement, including legal costs on a full indemnity basis;
- any harm to, claim or action by a third party arising directly or indirectly from the Customer’s use of the Services;
- any personal injury or death arising directly or indirectly out of the Customer’s conduct or the conduct of any person for whom Customer has made a purchase;
- any damage to property arising directly or indirectly out of the Customer’s conduct or the conduct of a person for whom the Customer has made a purchase;
- any negligent or unlawful act or omission by the Customer, or a person for whom the Customer has made a purchase, in connection with the Services;
- the Provider’s, or a third party’s reliance on a misleading representation made by a Customer;
- the Customer’s breach of Privacy Law;
- the Customer’s failure to fulfil any of its obligations in the “Privacy” clause of the Agreement;
- any complaints process initiated by a person under Privacy Law; or
- any other cost incurred by the Provider as a result of a person pursuing rights conferred upon them by Privacy Law.
11. Provider’s privacy practices
- Provider may collect and store Data.
- how and why Provider collects and stores Data; and
- under what conditions Provider shares Data.
- Provider makes no warranties or guarantees, implied or express, in respect of the retention of or continued accessibility of any Data.
- Provider may store the Data “offsite”. The Data storage location will not affect the laws that govern any agreement arising under the Agreement.
- At the request of Customer, Provider will take reasonable steps to delete Data about Customer stored by Provider where appropriate.
The businesses that Provider contracts with to support its business are committed to protecting the confidentiality of Data, however, Provider reserves the right to permit those businesses to access, view and review any of Customer’s Data in order to support Provider’s business and comply with any relevant laws, including in the following circumstances:
- if a government agency or regulatory body lawfully and specifically requests them to do so;
- when performing routine backup and restore operations, virus scan and virus removal, spam and content filtering; or
- when such access, view or review is urgent and necessary to protect personal safety, perform troubleshooting, restore systems operation in the event of a server failure, or prevent a server failure, service outage or other damage.
12. Customer privacy obligations:
If Customer provides Data to Provider about any third party, for example when the Customer arranges an Appointment for a third party or third parties, Customer warrants that:
- Customer has notified that person of the personal information Customer has disclosed to Provider; and
13. Governing law
The laws of Australia govern the Agreement. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
14. General and interpretation
The parties agree to do everything required to give full effect to the Agreement.
The Agreement and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of the Agreement.
The documents constituting the Agreement may be executed in a multiple counterparts. The counterparts will be read as 1 legal document.
No right or obligation under the Agreement will be waived unless the waiver is explicitly waived in writing.
Any unenforceable or invalid term of the Agreement will only be severed to the extent of the unenforceability or invalidity without affecting any other term in the Agreement.
Binding on successors
The Agreement is binding on each party’s successors and permitted assigns.
The parties will cover their own expenses in preparing the Agreement documents.