KIALLA PLAY THERAPY – WEBSITE AND SERVICES TERMS AND CONDITIONS OF USE
1. About the Website and Services
(a) Welcome to the Kialla Play Therapy Website (“Website”) and the provision of our packages and related services (“Services”). The Website and Services provide information about our programs, packages, and related offerings.
(b) The Website and Services are operated by Kialla Play Therapy (ABN 91251614751). Access to and use of the Website and engagement with our Services are provided by Kialla Play Therapy. Please read these Terms carefully. By using, browsing, reading the Website, or engaging with our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please stop using the Website and/or Services immediately.
(c) Kialla Play Therapy may review or update these Terms at any time. When changes occur, we will use reasonable efforts to provide notice. Revised Terms take effect immediately upon publication. We recommend that you keep a copy for your records.
(d) Kialla Play Therapy may, at its sole discretion and without prior notice, modify, discontinue, or restrict any portion of the Website or Services, including features or content. Kialla Play Therapy is not liable to any user or third party for any modification, suspension, or discontinuation.
(e) These Terms apply to the use of the Website and engagement with Services. When you engage Kialla Play Therapy’s Services under a separate service agreement, that agreement governs the specific Services. To the extent that the Service Agreement expressly addresses a matter, it will take precedence over these Terms only for that matter. All other provisions in these Terms remain fully effective and enforceable.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website, engaging with Services, or by clicking “Accept” or “Agree” where that option is provided.
3. Your Obligations as a User
As a user, you agree to:
(a) Use the Website and Services only for purposes permitted by:
(i) these Terms; and
(ii) applicable law, regulations, or generally accepted practices in your jurisdiction.
(b) Use of the Website and Services is limited, non-transferable, and for your personal or internal organisational informational purposes only, unless expressly approved by Kialla Play Therapy.
(c) Not use the Website or Services in connection with commercial endeavours except those specifically endorsed or approved by Kialla Play Therapy.
(d) Not use the Website or Services for any unlawful, unauthorised, misleading, or harmful purpose, including:
(i) framing or embedding the Website in another website; or
(ii) using links in a way that falsely suggests an affiliation, endorsement, or commercial relationship without prior written consent.
(e) Understand that commercial advertisements, affiliate links, and other solicitations may be removed without notice. Legal action may be taken for illegal or unauthorised use.
(f) Not use automated systems, bots, or other methods to access or interact with the Website or Services without prior written permission.
(g) Internal organisational sharing of Website or Service content (e.g., links, printed materials) is permitted for informational purposes only, provided it does not involve redistribution, resale, or misrepresentation.
(h) Organisations may reference or share information from the Website or Services internally or with clients for informational purposes only, provided that such use does not imply endorsement or partnership with Kialla Play Therapy.
(i) Confirm that you are 18 years or older and legally capable of entering into binding agreements.
4. Copyright and Intellectual Property
(a) All content, materials, and Services on the Website are protected by copyright under Australian law and international treaties, including text, graphics, logos, videos, audio, code, scripts, design elements, and interactive features.
(b) All trademarks, service marks, and trade names are owned, registered, or licensed by Kialla Play Therapy. You are granted a limited, worldwide, non-exclusive, royalty-free license to:
1. Access and use the Website and Services according to these Terms;
2. Store material in your device cache; and
3. Print pages for personal or internal business use only (not for resale or redistribution).
(c) All other rights are reserved. Use of the Website or Services does not transfer ownership of any intellectual property.
(d) You may not, without prior written permission: broadcast, republish, upload, transmit, post, distribute, publicly display, adapt, or create derivative works from Website or third-party content, except where expressly authorised or publicly available for reuse.
(e) Downloaded content may only be used for personal or internal organisational purposes and must not be redistributed, sold, or modified without prior written consent.
(f) You agree to indemnify Kialla Play Therapy against claims arising from your breach of these Terms, violation of law, or infringement of third-party rights.
5. Privacy and Tracking
(a) Kialla Play Therapy respects your privacy. Personal information collected through the Website or Services is handled according to our Privacy Policy, available on the Website.
(b) The Website and Services may use cookies, pixels, or other tracking technologies for analytics, marketing, or functional purposes. Use of these technologies is subject to our Privacy Policy.
6. Third-Party Content
The Website or Services may contain links to third-party websites, services, or resources. We do not control, endorse, or assume responsibility for third-party content. Access and use of third-party resources is at your own risk.
7. General Disclaimer
(a) Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied by law, including the Australian Consumer Law.
(b) Subject to the law:
1. All terms, guarantees, warranties, or representations not expressly stated are excluded; and
2. Kialla Play Therapy is not liable for special, indirect, or consequential loss, including lost profit, opportunity, or goodwill.
(c) Use of the Website and Services is at your own risk. Content is provided “as is” and “as available” without warranty.
(d) Kialla Play Therapy is not responsible for:
1. Technical failures, viruses, or other harmful components;
2. Accuracy or currency of information;
3. Costs incurred from using the Website, Services, or related products; or
4. External links, which are provided for convenience only.
(e) Website and Services availability may be interrupted due to maintenance or technical issues.
(f) Content is for general informational purposes only and should not be relied upon as professional, clinical, or legal advice. Users should seek independent advice before acting.
(g) Kialla Play Therapy is not liable for failures caused by events beyond reasonable control, including technical outages, natural disasters, or other force majeure events.
8. Limitation of Liability
As a user, you agree that:
(a) Kialla Play Therapy’s total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the relevant Services; and
(b) Kialla Play Therapy, its affiliates, employees, agents, contributors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, any loss of profit, loss of goodwill, or other intangible losses.
9. Indemnity
You agree to indemnify and hold harmless Kialla Play Therapy, its affiliates, employees, agents, contributors, and licensors from and against any claims, losses, liabilities, costs, or expenses (including legal fees) arising from:
(a) Your use of or access to the Website or Services;
(b) Any breach of these Terms by you; and
(c) Any violation of the rights of a third party resulting from your actions in connection with the Website or Services.
10. Dispute Resolution
As a user, you agree that:
(a) Notice: You must provide written notice describing the dispute, the desired outcome, and the actions required to settle it.
(b) Negotiation: Within 28 days of receiving notice, the parties will attempt in good faith to resolve the dispute.
(c) Mediation: If the dispute remains unresolved, the parties will select or request a mediator from the Australian Mediation Association. The costs of the mediator and venue will be shared equally.
(d) Confidentiality: All communications during negotiations or mediation are confidential and treated as “without prejudice” to the extent permitted by law.
(e) Termination: If mediation exceeds 2 months without resolution, either party may request that the mediator terminate the mediation.
11. Termination of Access or Services
Kialla Play Therapy may suspend or terminate your access to the Website or provision of Services for breach of these Terms, without notice and without liability.
12. Refund Policy for Services
1. Refunds for Services
(a) Kialla Play Therapy will provide a refund for Services in the following circumstances:
(i) Where we are unable to deliver the Services as agreed in person or by telehealth;
(ii) Where the Services provided constitute a major failure under the Australian Consumer Law; or
(iii) At our absolute discretion, where we determine it is reasonable to do so under the circumstances.
2. Non-Refundable Circumstances
(a) Refunds will not be provided where:
(i) The client relocates and declines a telehealth appointment;
(ii) The client fails to attend a scheduled appointment without prior notice; or
(iii) The Services have been substantially delivered in accordance with our agreement.
3. Australian Consumer Law
(a) Nothing in this refund policy limits or excludes your rights under the Australian Consumer Law, including your rights to a remedy where there is a failure to comply with a consumer guarantee.
(b) Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.
(c) You are entitled to a remedy if the Services we provide fail to meet these guarantees.
4. Requesting a Refund
(a) To request a refund, you must contact us in writing via the contact details provided on our Website, setting out the reasons for your refund request.
(b) We will assess your request and respond within 14 days.
13. Venue and Jurisdiction
The Website and Services are intended for Australian residents. Disputes will be resolved in courts of Victoria, Australia.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia.
15. Severance
If any part of these Terms is found invalid, the remaining Terms remain in effect.
16. Contact / Notices
For any questions, concerns, or notices regarding these Terms, you may contact Kialla Play Therapy at:
Email: hello@kiallaplaytherapy.com.au
Notices sent to this address will be considered delivered. You agree that electronic communication (e.g., email) is an acceptable method for giving notice under these Terms.