Therapy Lights Australia Terms & Conditions

Our website at www.therapylights.com.au gives you an opportunity to browse and purchase products offered by THERAPY LIGHTS AUSTRALIA PTY LTD (ACN 648 986 029) trading as Therapy Lights Australia (together we, us, our, TLA).

The Terms and Conditions (Terms) govern and form the basis of your use of our website at www.therapylights.com.au along with the information published on our social media handles including Facebook, Instagram, Twitter and LinkedIn that are linked to our website (Site) and our products (Products), which altogether form a binding contractual agreement between us and you (Agreement).

Our Shipping Guide, Privacy Policy, Warranty, Returns and the terms contained within, as available on the Site, also form a part of the Agreement with you.

The Terms, Shipping Guide, Privacy Policy, Warranty and Returns constitute the entire agreement between you and us, and supersedes all prior agreements, conduct, representations, and understandings. You confirm you have not entered into this agreement based on any representation that is not expressly incorporated into this agreement.

The Agreement, especially the Terms, are important and should be read carefully. Any questions regarding them must be directed to us in writing at [email protected] before using or relying on any Information on the Site and/or buying our Products.

• By using the Products and Site whether or not you have purchased or engaged our Products either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood the Terms and agree to be bound by them.

• We reserve the right, in our sole discretion, to vary change, amend and delete all or parts of the the Terms.
• All variations, amendments, updates and general changes to the Terms will directly be posted on the Site.
• Your continued use of our Products and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by
• these updated Terms and is taken as your agreement to be bound by these updated Terms.
• Should you object or disagree to the Terms, your only remedy is to contact us at [email protected] and immediately discontinue the use of our Products and the Site and raise a dispute in accordance with Clause 23 of the Terms.

• Before you purchase our Products through our Site, you may be required to register with us by creating an account.
• You must provide accurate, complete and up-to-date Information, as requested, and it is your responsibility to inform us of any changes to the Information you have provided.
• We may at any time request documents to verify your identify either at, or after, the time of creating an account.
• You must ensure and maintain the security and confidentiality of your account details, including any username and password at all times.
• You must notify us immediately if you become aware of any unauthorised use of your account details.
• Oncean account is created, you must not allow any other person or user to use your Password or your account or to share our Products with anyone else.
• If you are using our Products, you acknowledge and agree that:
  • you are solely responsible for protection and confidentiality of any password or user identification that may be issued to at the time of account creation or from time to time (Password);
  • you will not reveal (or cause to be revealed through any act or omission) your Password to any other person, other than yourself;
  • you will not cause any of the Products that are available on our Online Store to berevealed or supplied to any other person or business;
  • you will immediately notify us if your Password is lost or becomes known to any other person; and
  • you are solely responsible for all access to and use of this Online Store via your Password, whether such access or use is by you or any other person.
• To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy as provided on our Site.

• You may buy Products offered on our Site by completing the order form available. To buy Products on our Site, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
• Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferrable right to access and use our Site for your own personal use. You must not exploit any of content including blog posts, descriptions and reviews for any commercial.  Any other use of our Site is expressly prohibited.
• You must not use our Site to:
  • provide or upload false or misleading information, create a false identity or use or  attempt to use another person’s Online Store account;
  • hack into any part of our Online Store through password mining, phishing, or any other means;
  • knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
  • circumvent the Online Store’s structure, presentation or navigational function so as to obtain information the Law Society has chosen not to make publicly available through the Online Store;
  • act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;
  • transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products that are not deemed items, unless expressly authorised by us; or
  • attempt to modify, reverse engineer, or reverse-assemble any part of our Online Store.
• Without limiting clause 4.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Site.

• You may purchase our Products by completing the order form available on the Site.
• Once you submit an order, you cannot cancel All orders are subject to acceptance by us within our sole discretion.

• All orders will be processed on business days in Queensland, Australia, which are Monday to Friday, excluding public holidays.
• Any order you submit through the order form is subject to our acceptance of your order and the availability of Products.
• Until you complete the order form, the Product or Products in your Cart are not reserved and may be purchased by other customers.
• To submit the order, you must complete the order form and pay the cost of the Product We will deduct all the amounts owing at the time of processing your order.

• We may withdraw and/or re-offer any Products listed for sale on the Site, including through any means of access to the Site if the item:
  • Becomes unavailable; or
  • Was incorrectly described or listed.

• Occasionally, we may offer you opportunity to purchase our Products at a discounted or promotional price on the Site, subject to these Terms.
• Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published on the Site.

• All prices for our Products are in Australian dollars (AUD) and as displayed on the Site.
• All prices for our Products are inclusive of GST unless indicated otherwise but exclude delivery changes, custom duties and other taxes, if applicable.
• All prices are subject to change without notice, except as displayed on the Site or confirmed verbally at the time of  purchase.
• All Products are offered for sale subject to availability. If an item is out of stock or not being run at a certain point in time, we may contact you to offer a substitute.
• If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.

• References to intellectual property rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future. Such Intellectual Property Rights include business, company or trade names, domain names, trade secrets, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information, whether registered or unregistered, and the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration.
• The Site and Products are protected by intellectual property rights. You agree not to cause or permit anything which may damage or endanger the our Intellectual Property Rights or our title to such Intellectual Property Rights or assist or allow others to do so.
• All information on the Site, including, but not limited to, registered and unregistered trade marks, business names, service marks, logos, templates, information, text, software, information architecture, coding, graphics, photos, videos, sounds, music, interactive features and the like (our IP) are owned by us and are subject to copyright and other Intellectual Property Rights under law.
• We shall at all times retain all title, rights and interest in and to the Site, including but not limited to:
  • The Intellectual Property Rights subsisting in the Site;
  • Any modifications to, and additions to, the Site;
  • Information or data, source codes and other information technology relating to or connected with the Site;
  • Marketing information relating to or connected with the Site; and
  • Technical information, including trade secrets, drawings, plans, encryptions, codes and Product descriptions and information relating to or connected with the Site.
• You acknowledge and agree that no right, title or interest in our IP is transferred or granted to you, other than the rights granted expressly by the Terms.
• You undertake not to:
  • Take or permit or omit any action which would or might:
    • Constitute an infringement of our IP;
    • Invalidate or put in dispute our title in our IP or any part of it;
    • Oppose any application for registration or invalidate any registration of our IP or any part of it including, without limitation, a registration of a patent, registered design or trade mark worldwide;
    • Support any application to remove or undo the our title in our IP or any part of it; or
    • Assist any other person directly or indirectly in any of the above;
  • Use, copy, reproduce, distribute, export, adapt, alter, modify, translate, create derivate works, or publicly display any of the information on the Site anywhere in the world, without the prior written consent of UAH.
• The trade marks, logos, and service marks displayed on the Site and Products are either registered or unregistered trade marks belonging to us. Such trade marks, whether registered or unregistered, must not be used by you in connection with any Product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
• You agree that we will own the information you upload to the Site.

• You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding our Products other than provided for pursuant to the Terms
• Use of the Site and Products sold on the Site is at your own risk.
• The Products purchased through the Site are provided to you on an “as is” and “as available” basis, without warranty or condition of any y kind.
• All possible care has been taken in the preparation of the Site. However, specification and particulars in relation to our Products on the Site are subject to change without prior  We will make every effort to ensure a Product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.
• The Site is intended to provide general information and the order form for purchasing Product only. Any content and information on the Site are not the be taken as a guarantee that you will achieve the same or similar results with our Products
• Nothing on this Site purports to offer specific personal, medical, legal or financial advice. Use caution and always seek medical and professional advice before acting on any information or using any Product that we provide online.
• The use of any information provided is solely at your own risk.
• We make no warranty, representation, or guarantee regarding the suitability of our Products for any particular purpose.
• We make no warranty, representation or guarantee regarding the outcome, benefit and effect of using our Products for any particular purpose, including the purpose advertised on the Site
• We do assume any liability whatsoever arising out of the Site or use of any Product, outside of any requirements under law. You shall not rely on any data and Product specifications provided by us. It is your responsibility to independently determine suitability of any Products and to test and verify the same.
• We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our Products and in accordance with the Site and further acknowledge and agree that the indemnities under Clause 13 are considered reasonable.
• Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control and is not responsible for any delay in delivering its  Please see our shipping guide and return policy for further information.
• Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• This clause survives the termination of this Agreement.
• We expressly exclude all liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by:
  • Your use of our Products;
  • Any planned or foreshadowed system downtime of the Site;
  • Non-performance of the Site;
  • Any reliance on the Site;
  • Any incorrect data entry or Information made by you on the Site;
  • Any incorrect data or content, errors, mistakes or inaccuracies on the Site;
  • Any loss or corruption of Your Data at any time;
  • Any defects, errors and bugs in the Site;
  • Any unauthorised access to or use of the Site;
  • Any misuse, abuse or alterations to the Site;
  • Any interruption or cessation of transmission to or from the Site;
  • Your acts or omissions, including your wilful damage, negligence or abnormal working conditions;
  • An event outside of our reasonable control;
  • Any viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any 3rd party, which is beyond our control; and/or
  • Loss of privacy and confidential information.
• Subject to the other terms of this clause, our maximum aggregate liability owed to you for any loss or damage or injury arising out of or in connection with your use of the Site, including any breach by us of the Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under the Terms in the one month period preceding the matter or the event giving rise to the claim.
• The disclaimers, limitations of liability and indemnities within the Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.
• If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the services or the payment of the cost of resupply.
• Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with the Terms, including any loss of income, profits, loss of sales or business, loss of Production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
• Without limiting any of the above you acknowledge and accept all of the Terms contained in our Disclaimer and Waiver.
• This clause applies to the fullest extent permitted by Law and shall survive termination of the Terms.

• You agree:
  • you must only use the Site and Products in accordance with the Terms and you must not use them for any commercial purposes;
  • to follow any instructions provided on Products, through the information provided on the Site correctly and carefully;
  • that your use of the Site and Product will not violate any laws in Australia and when accessed in another jurisdiction, the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia;
  • that in using the Site or Products you must not post any inappropriate, threatening, harassing, defamatory, obscene or offensive comment; and
  • to act in good faith.

• You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
  • your use of the Site and Products purchased from the Site;
  • any claim made against us or you by a 3^rdparty arising out of or in connection with use of the Site or the Terms;
  • any breach of the Terms by you, including any failure to pay any fees;
  • any conduct taken by you constituting intellectual property infringement of our IP or any copying, reproduction, circulation, distribution or publication of our IP being contrary to Law;
  • any reliance by you or a 3^rd party on the Site; and
  • the enforcement of the Terms
• You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law;
• We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance on or use of the Site; and
• This clause survives the termination of this agreement.

• At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us or any of our Products nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.
• Should you breach this clause, you hereby indemnify us in accordance with Clause 13 above.

• • We will not be in breach of the Terms or liable to you for any Loss that you may incur as a direct result of any temporary unavailability of the Site or our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under the Terms where such prevention, hindrance or delay results from a Force Majeure Event.
  • If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
  • On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
  • The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
  • References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including, but not limited to:
    • strikes, lock-outs or other industrial action;
    • civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    • fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
    • epidemic, pandemic, health emergencies, disease;
    • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    • interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or 3^rd  party hosting platforms); and
    • the acts, decrees, legislation, regulations or restrictions of any Government Agency;
    • however does not include a lack of funds.
  • References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses howsoever arising or caused, including, without limitation, negligence.

• Any links to other websites on the Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked websites will be subject to the terms of use and service contained within each such websites.
• As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on the Site or in the course of delivering our  Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
• We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

• If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

• You cannot transfer or assign your rights in accordance with the Terms, including any membership or registration with us, without our prior written consent.
• We may assign or transfer our rights and obligations under the Terms at any time, upon prior written notice to you of at least 4 weeks.

• We are free to sub-contract any of our obligations under the Terms, but such sub-contracting will not release us from our liabilities under the Terms.

• The Terms, the Disclaimers and Waiters, Shipping Guide, Privacy Policy, Warranty, Returns and the terms and policies contained within contain the entire understanding and agreement between the parties as to the subject matter of the Terms
• No oral explanation or information provided by a party to another affects the meaning or interpretation of the Terms or constitutes any collateral agreement, warranty or understanding.

• The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

• The Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

• If a dispute arises between the parties in relation to the Terms, the dispute must be dealt with in accordance with this clause.
• Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
• In the case of claims against us, all notices are to be provided to[email protected]
• If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
• Oncea mediator is appointed, the parties agree that:
  • • The costs of the mediator shall be borne equally between the disputing parties.
    • The chosen mediator shall determine the procedures for mediation
    • The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

• If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
• Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
• Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
• This clause survives termination of the Terms.

• The Terms shall be construed in accordance with and governed by the laws of Queensland,  You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises between us.

• We welcome enquiries or feedback on the Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

If you have questions or comments regarding the Site or our Products, please email us at [email protected].