Terms and Conditions
The Independence Hub Pty Ltd
Welcome to The Independence Hub; a website and online platform that allows You to create, purchase and download photo-personalised digital resources that support caregivers to teach and children to learn independence skills.
These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, or signing up for our services, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years.
If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your order, and/or take appropriate legal action against you.
We are: The Independence Hub Pty Ltd, a company registered in Australia, number 666 803 032. Our address is PO Box 1160, Unley, South Australia, 5061.
You are: Anyone who uses Our Website or buys from us.
Please read this agreement and our “Product Licence Terms” carefully and save both documents. If you do not agree with our terms and conditions, you should leave Our Website and stop using our products or Services immediately.
It is now agreed as follows:
1. Definitions
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
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“Content” |
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you. |
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“Intellectual Property” |
means intellectual property owned by us or by any third party, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights or for which application for registration has been made in any country. |
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“Our Website” |
means the entire computing hardware and software installation that is or supports our website including any communication or peripheral system. It includes any website of ours, and all web pages controlled by us. |
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“Post” |
means place on or into Our Website any Content or material of any sort by any means. |
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“Licence” |
means a licence granted by us to you in the terms of this agreement for use of a Licensed Product. |
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“Licensed Product” |
means any product, material or thing offered for Licence by us on Our Website, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way. |
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“Service” |
means any service we sell from time to time, whether or not connected to a Licensed Product. |
2. Interpretation
In this agreement the following meanings apply unless the context otherwise requires:
2.1. A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.4. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.5. A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.6. These terms and conditions apply to all supplies of Licensed Products by us. They prevail over any terms proposed by you.
2.7. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
3.1. If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.2. When you buy a Licensed Product, you are in fact buying a licence to use that Licensed Product. The terms of use vary from one Licensed Product to another and are contained in our “Product Licence Terms”. That Licence is supplemental to this agreement and to be read with this agreement to provide the full agreement between us.
3.3. In entering into this contract you have not relied on any representation or information from any source except Our Website.
3.4. The price of any Licensed Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Licensed Product or Service.
3.5. You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
3.6. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our payment service provider. You also agree that this provision is reasonable.
3.7. The contract between us comes into existence at the earlier of:
3.7.1 you receive notification via website or email to confirm your order has been delivered; or
3.7.2 when you download the Licensed Product you have bought.
3.8. We may change this agreement and / or the way we provide a Product, at any time. If we do:
3.8.1 the change will take effect when we Post it on Our Website. You are advised to check this page from time to time.
3.8.2 if you make any payment for Licensed Products or Services in the future, you will do so under the terms posted on Our Website at that time.
4. The price
4.1. The prices payable for the Licensed Product and Services are clearly set out on Our Website.
4.2. The price charged for any Licensed Product or Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
4.3. Prices are inclusive of any applicable goods and services tax or other sales tax.
4.4. Charges for Services are fixed whenever it is reasonably possible for us to ascertain the price. Estimates of charges will be provided to you wherever possible.
5. Security of your credit card
We take care to make Our Website safe for you to use.
5.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6. Refund and replacement: Product terms
6.1. Please check the Product received from us immediately after you download it.
6.2. If you find an error or defect in the Product, you must tell us via our contact us page.
6.3. The procedure to report an error or defect is as follows:
6.3.1 you must report to us as soon as any defect is discovered but not later than 14 days from purchase date..
6.3.2 before you report to us, please carefully re-read the processor requirements for product creation outlined on Our Website to confirm that there is definitely a defect in the Product.
6.3.3 please tell us clearly what is the fault you complain of, when it first became apparent or arises, and other information to enable us to identify or reproduce it.
6.4. If we agree that the Product is faulty, then we shall:
6.4.1 fix the issue within 5 working days and immediately send a new copy to you, or
6.4.2 refund the full cost you have paid.
7. Content you Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post any Content which is or may:
7.1. be photos of any persons you do not have permission from them or their legal guardian to possess or post
7.2. be information which could promote or assist any unlawful purpose;
7.3. consist in commercial audio, video or music files;
7.4. be illegal, obscene, offensive, threatening or violent;
7.5. be sexually explicit or pornographic;
7.6. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
7.7. solicit passwords or personal information from anyone;
7.8. be used to sell any goods or services or for any other commercial use;
7.9. be incomplete or inaccurate or submitted otherwise than as requested by Our Website;
7.10. link to any of the material specified above, in this paragraph.
8. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse, edit or remove Content which does not comply with these terms.
In addition to the restrictions set out above, Content must not contain:
8.1. hyperlinks, other than those specifically authorised by us;
8.2. keywords or words repeated, which are irrelevant to the Content Posted.
8.3. the name, logo or trademark of any organisation other than yours.
8.4. inaccurate, false, or misleading information.
9. How we handle your Content
9.1. Our privacy policy is strong and precise. It complies fully with current Australian privacy law which is outlined in our privacy policy.
9.2. We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, e.g. reviews, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
9.3. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
9.4. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
9.5. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
9.6. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
9.7. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
9.8. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10. Removal of offensive Content
10.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
10.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
10.3. If you are offended by any Content, the following procedure applies:
10.3.1 your claim or complaint must be submitted to us in the form available on Our Website or to hello@tih.com.au.
10.3.2 we shall remove the offending Content as soon as we are reasonably able;
10.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
10.3.4 we may reinstate the Content about which you have complained or not.
10.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
10.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
11. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
11.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
11.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
11.3. download any part, e.g. text, visuals, aural Contend, from Our Website, without our express written consent;
11.4. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
11.5. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
11.6. share with a third party any login credentials to Our Website.
11.7. Despite the above terms, we now grant a licence to you to:
11.7.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon You not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
11.7.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
12. Interruption to The Independence Hub service
12.1. If it is necessary for us to interrupt our service, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
12.2. You acknowledge that The independence Hub service may also be interrupted for many reasons beyond our control.
12.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our service.
13. Intellectual Property
13.1. We will defend our Intellectual Property rights in all countries.
13.2. Except as provided in our Product Licence Terms, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via Our Website.
13.3. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
13.4. You agree that at all times you will:
13.4.1 not cause or permit anything which may damage or endanger our title to any of our Intellectual Property;
13.4.2 notify us of any suspected infringement of the Intellectual Property;
13.4.3 indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
13.4.4 not use any name or mark similar to or capable of being confused with any name or mark of ours.
14. Disclaimers and limitation of liability
YOUR USE OF THE INDEPENDENCE HUB PTY LTD SERVICES, PRODUCTS, OR CONTENT IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER THE INDEPENDENCE HUB PTY LTD NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE INDEPENDENCE HUB PTY LTD REPRESENTS OR WARRANTS THAT THE SERVICES, PRODUCTS, OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER/S THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, PRODUCTS, OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE INDEPENDENCE HUB PTY LTD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL THE INDEPENDENCE HUB PTY LTD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THEM, OR ITEMS OBTAINED THROUGH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR THE INFORMATION, PRODUCTS, OR MATERIALS THAT YOU REQUEST OR RECEIVE THROUGH OR IN RELATION TO THE SERVICES OR PRODUCTS. FURTHER, WE ARE NOT LIABLE FOR ANY THIRD PARTY CONDUCT, ACCIDENTS, DELAYS, HARM, OR OTHER DETRIMENTAL OR NEGATIVE OUTCOMES AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES OR PRODUCTS.
Our Services and Products are provided for educational and informational use only. You understand and agree that The Independence Hub Pty Ltd is not a medical healthcare provider, and that the Services and any Products or other information you access or learn from The Independence Hub Pty Ltd are not intended, designed, or implied to be medical or therapeutic advice, to diagnose, prevent, or treat any condition or disease, to ascertain the state of your or any other person’s health, or to be a substitute for professional medical healthcare. Any Products, information, and other Content The Independence Hub Pty Ltd makes available through the Services are intended to support the relationship between you and your healthcare providers and not replace it. Your use of the Products and/or Services does not create or constitute a patient-therapist relationship and agree you do not have an expectation of privacy regarding any information you share via the Services nor does The Independence Hub Pty Ltd does not have any confidentiality obligation with respect to any such information. Not all activities described on the Products and/or Services are suitable for everyone. While we may reference certain results, outcomes, or situations, you understand and acknowledge that we make no guarantee as to the accuracy of any statements, third party or otherwise, contained in the Products and/or Services, or that you will benefit from or have successful outcomes based on your implementation of the information and/or techniques provided through the Products and/or Services. You understand and agree that you are solely responsible for your use of the Products. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using Services, Products, Content, and related materials.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. Products and/or Services liability shall be limited to the extent permitted by law.
The Independence Hub Pty Ltd is based in the state of South Australia, Australia. We make no claims that the Services or any of the Content are accessible or appropriate outside of Australia. Access to the Products and/or Services may not be legal by certain persons or in certain countries. If you access the Products and/or Services from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
15. Miscellaneous matters
15.1. If you are in breach of any term of this agreement, we may:
15.1.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
15.1.2 terminate and refuse access to Our Website;
15.1.3 issue a claim in any court.
15.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
15.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.4. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
15.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
15.6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
15.7. The validity, construction and performance of this agreement shall be governed by the laws of the State of [State] and you agree that any dispute arising from it shall be litigated in that State.
Product Licence Terms
We are: The independence Hub Pty Ltd, a company registered in Australia, number 666 803 032.
Our address is Adelaide, South Australia.
You are: Anyone who buys a Licence from us.
These are the agreed terms:
These Product Licence Terms are supplemental and additional to the above terms and conditions (the “T&C”) relating to use of Our Website. By buying or using any Licensed Product, you agree to be bound by them.
1. Definitions
In this agreement, the definitions in the T&C apply. In addition, the following words shall have the following meanings, unless the context requires otherwise:
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“Copy or Publish” |
with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work. |
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“Restrictions on Use” |
means first, the restrictions set out in this agreement and second, all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the Licensed Product. |
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“Third Party Owner” |
means an owner of a Licensed Product which is not owned by us. |
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“Licence” |
means a licence granted by us to you in the terms of this agreement for use of a Licensed Product. |
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“Licensed Product” |
means any product, material or thing offered by us on Our Website, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way. |
2. Interpretation
The interpretation and definition provisions of the T&C apply also to this agreement.
3. The Licence
3.1. You confirm that you have authority to enter into this agreement [and have obtained all necessary approvals and consents to do so].
3.2. In entering into this contract you have not relied on any representation or information from any source except that on Our Website.
3.3. Subject to the terms of this agreement, we grant to You a Licence to use a Licensed Product an unlimited number of times, in digital or printed format solely for personal, non-commercial use.
3.4. This Licence is limited by the Restrictions on Use. You agree to comply with all Restrictions on Use no matter how communicated to you.
3.5. No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
3.6. If any information you give us is inaccurate, your Licence is automatically terminated and no refund of money will be due to you.
4. Limitations and permissions on Licences
4.1. You must not sub-license a Licensed Product.
4.2. You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.
4.3. You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.
4.4. You may not represent or give the impression that you are the owner or originator of any Licensed Product.
4.5. You may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product.
4.6. Every publication or appearance of a Licensed Product on a website must be protected as far as the law allows by separate, specific or general provisions against copying or publishing. We allow you to use the definition of “Copy or Publish” used in this agreement.
4.7. You may not use a Licensed Product:
4.7.1 except for the use specified at the time of purchase;
4.7.2 in a context which is pornographic;
4.7.3 in part or as a whole, as a logo or otherwise to incorporate it in any intellectual property of yours;
4.7.4 for a secondary use, for example on social networks:
4.7.4.1 Unless for advertising purposes. In such cases, only a single image is to be shared, void of information which may jeopardise Our intellectual property or Your privacy.
5. Freedom to use
Despite the above limitations, you may copy a Licensed Product:
5.1. Solely for personal non-commercial use, an unlimited number of times, in digital or printed format.
5.2. To a contractor or family member of yours whose contract or aim is to work on the project or purpose for which you have bought the Licensed Product, e.g. Therapist. In this case the Licence extends only to that project or purpose and the contractor is expected to use the Licensed product as outlined in the agreement. If this happens, you remain liable to us in every way for the acts and omissions of your contractor. We advise you to inform your contractor of this agreement to protect you in this regard.
6. Copyright and other Intellectual Property
6.1. You agree that at all times you will:
6.1.1 not cause or permit anything which may damage or endanger our title to any Licensed Product or other Intellectual Property or the title of any Third Party Owner whose work has been made available to us as a Licensed Product;
6.1.2 notify us of any suspected infringement of the Intellectual Property.
6.2. If you use a Licensed Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
6.3. If we terminate the Licence on account of your breach, you agree that you will:
6.3.1 immediately stop using the Licensed Product;
6.3.2 destroy all copies of the Licensed Product in your possession or control;
6.3.3 destroy any work of yours derived from a Licensed Product.
6.4. To give us assurance that you are using the Licensed Product in accordance with the terms of the Licence, you agree that you will give us copies of your works and materials containing or using a Licensed Product. We will give you 14 days notice of this requirement. You agree also to provide access to relevant pages which have restricted access or are fire-walled.
6.5. If we reasonably believe that you are using a Licensed Product outside the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.
7. Assignment
7.1. The licence is non-transferable.
8. Third Party Owners and additional restrictions
Some Products offered for Licence on Our Website are owned by Third Party Owners and not by us. Where that is indicated, the following additional provisions apply:
8.1. the price of the Licence includes a sum payable by us to the Third Party Owner;
8.2. you have no obligation to make payment to the Third Party Owner;
8.3. we are the agent of the Third Party Owner and accept all obligations and liability to you in connection with the Licensed Product;
8.4. you remain liable to the Third Party Owner, through us, for compliance with this agreement;
8.5. in any event when you may be liable to the Third Party Owner for breach of this agreement, you will indemnify us for all cost and liability arising from our relationship with the Third Party Owner, our acting as his agent, or your buying a Licensed Product owned by him.
9. Miscellaneous matters
9.1. At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made.
9.2. In some jurisdictions you may not use a human image without the consent of that person. That may apply to any person or only to a model. The permission is generally known as a “release”. You alone are responsible for obtaining any necessary release and for paying any fees due.
9.3. Human images on Our Website are Licensed to Us, and have not been released for Your use.
9.4. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
