1.1. The website www.busy-brains.com.au (Information Page) is operated by Aileen Mathyssen t/as Thrive Together Therapy (ABN: 80 813 147 704) (Thrive Together Therapy, we, us, our).

1.2. Thrive Together Therapy offers the educational online program Busy Brains (Program) for purchase.

1.3. You have agreed to purchase the Program via the Information Page.

1.4. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and the Information Page. In the event of any inconsistency between these documents, these Terms and Conditions shall prevail unless expressly stated otherwise.

You accept the Terms and Conditions by clicking to accept or agree and proceeding with your purchase. By accepting these Terms and Conditions, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity to enter into a binding contract; and (c) all information you provide is accurate and complete.

3.1. When purchasing the Program, you will be required to provide personal information such as your full name and email address.

3.2. You agree that all details that you have provided in completing the purchase are true and correct.

3.3. Your personal information is kept in accordance with the Thrive Together Therapy Privacy Policy (Privacy Policy) which can be accessed via the website here: www.busy-brains.com.au. We collect, use, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

4.1. By purchasing the Program, you agree to pay the purchase price listed on the Payment Page (Purchase Price).

4.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

4.3. In purchasing the Program, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

4.4. Following payment of the Purchase Price being confirmed by Thrive Together Therapy, you will be issued with a receipt to confirm that the payment has been received.

4.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable

4.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999.

5.1. Each Program purchase grants you access to the Program through our designated learning platform or other platforms used from time to time (Member Portal). You will receive access credentials upon payment confirmation. We reserve the right to change the Member Portal platform upon reasonable notice to you.

5.2. When you purchase a Program, Thrive Together Therapy grants you a limited, revocable, non-exclusive, non sub licensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).

5.3. The Licence is valid for the Program term outlined in the Program information page of the relevant Program (Licence Term). This means the Program will be accessible through the Member Portal for the Licence Term only. After this time the Program will expire and you will no longer be able to access the Program.

5.4. The Program is licensed for use by a single user within the Licence Term only and may not be shared with or accessed by other individuals or households. Any sharing, reproduction, distribution, or public display of the Program materials, including but not limited to supplemental materials, digital resources, or access credentials, is strictly prohibited and may result in immediate termination of access without refund and potential legal action for breach of intellectual property rights.

Unless otherwise stated, the Program is non-refundable. This means that if you wish to terminate the Program early, you will not receive a refund of any amounts already paid.

7.1. Thrive Together Therapy will provide the Program to you; however, Thrive Together Therapy makes no warranty that the Program will meet your requirements or that all participants will achieve the same results.

7.2. The Program comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Program, you are entitled to cancel your contract with Thrive Together Therapy and are entitled to a refund for the unused portion as determined under the Australian Consumer Law. A major failure with the Program is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

8.1. The Program is provided for educational purposes only and is not a substitute for professional treatment, therapy or diagnosis.

8.2. The outputs produced by the Program will be reliant upon the information you input. You acknowledge that you must be honest and open when completing the Program. Thrive Together Therapy recommends parent or caregiver supervision when young people complete the Program.

8.3. You are solely responsible for creating and implementing your own personal and health decisions, choices, actions and results arising out of or resulting from the Program and interactions with Thrive Together Therapy. As such, you agree that Thrive Together Therapy is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Program

8.4. You understand that the Program, and any information you receive through your involvement in the Program, or through any materials and documents provided to you are not a substitute for professional, psychological, medical or mental health attention, examination, diagnosis or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a medical or mental health professional, it is recommended that you promptly inform the medical or mental health care provider of the nature and extent of the Program you are engaging with.

9.1. Any information, advice, content or documentation provided through the Program or on any other related platform, including in any accompanying resources, is not meant to substitute professional treatment and is provided for educational information and guidance purposes only.

9.2. All care is taken in the preparation of the information and published materials, including in any accompanying resources. Thrive Together Therapy does not make any representations or give any warranties about accuracy, reliability, completeness or suitability for any particular purpose.

9.3. To the extent permissible by law, Thrive Together Therapy will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation through the Program.

10.1. You agree that any works, documentation, materials, Program content, creative works or information of whatever nature produced or developed by Thrive Together Therapy or under Thrive Together Therapy’s direction pursuant to or in the Program will remain the sole and complete property of Thrive Together Therapy.

10.2. There is no assignment of Intellectual Property Rights by Thrive Together Therapy to you pursuant to these Terms and Conditions.

10.3. Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

10.4. You hereby indemnify and agree to keep indemnified Thrive Together Therapy against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright under this clause.

11.1. Thrive Together Therapy's total liability arising out of or in connection with the Program or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the greater of: (a) the resupply of the Program to you; or (b) the total amount paid by you to Thrive Together Therapy in the twelve months preceding the event giving rise to the liability, except where such limitation is prohibited by applicable law.

11.2. You expressly understand and agree that Thrive Together Therapy, its affiliates, employees, agents, contributors and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, except where such exclusion is prohibited by law. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.3. A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

11.4. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

If a dispute arises out of or relates to these Terms and Conditions, neither party may commence any legal proceedings in relation to the dispute (except for urgent interlocutory relief) unless: (a) that party has first given written notice of the dispute to the other party; (b) the parties have attempted in good faith to resolve the dispute through mediation with an appropriate mediator to be appointed by mutual agreement; and (c) at least 30 days have elapsed since the commencement of such mediation.

13.1. If circumstances beyond Thrive Together Therapy’s control prevent or hinder its provision of the Program, Thrive Together Therapy is free from any obligation to provide the Program while those circumstances continue. Thrive Together Therapy may elect to terminate these Terms and Conditions or keep them current until such circumstances have ceased.

13.2. Circumstances beyond Thrive Together Therapy’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

13.3. For the sake of clarity, if in Thrive Together Therapy’s reasonable opinion, the provision of the Program will be affected by a pandemic, Thrive Together Therapy may suspend the provision of the Program in part or in whole to you indefinitely. Additionally, Thrive Together Therapy will not be liable for any losses or damage due to a pandemic. If you choose to terminate these Terms and Conditions due to a pandemic, the relevant cancellation or termination clause will apply.

By submitting testimonials or reviews related to the Program provided by Thrive Together Therapy, you grant Thrive Together Therapy a perpetual, worldwide, royalty-free, non- exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such testimonials or reviews in any media, for marketing, advertising, and promotional purposes. You acknowledge that Thrive Together Therapy may use your testimonials or reviews with your full name, or anonymously, and agree that Thrive Together Therapy is under no obligation to compensate you for the use of your testimonials or reviews.

These Terms and Conditions are governed by the laws of Western Australia. In the event of any dispute arising out of or in relation to the Program, the parties agree that the exclusive venue for resolving any dispute will be in the courts of Western Australia.

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

These Terms and Conditions may not be assigned without the consent of both parties.

These Terms and Conditions may not be changed or modified in any way except in writing.

Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction, will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.