site policies
This Privacy Policy applies to all personal information collected by Think Bright Therapy (we, us or our) via the website located at thinkbrighttherapy.com.au (Website).
What information do we collect?
The kind of Personal Information that we collect from you will depend on how you use the website. The Personal Information which we collect and hold about you may include:
Full Name, Phone Number, Email Address, Business Name, website address and/or social media handle
Types of information
The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.
Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:
whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy.
Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive Information will be used by us only:
for the primary purpose for which it was obtained;
for a secondary purpose that is directly related to the primary purpose; and
with your consent or where required or authorised by law.
How we collect your Personal Information
We may collect Personal Information from you whenever you input such information into the Website, related app or provide it to Us in any other way.
We may also collect cookies from your computer which enable us to tell when you use the Website and also to help customise your Website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
We generally don’t collect Sensitive Information, but when we do, we will comply with the preceding paragraph.
Where reasonable and practicable we collect your Personal Information from you only. However, sometimes we may be given information from a third party, in cases like this we will take steps to make you aware of the information that was provided by a third party.
Purpose of collection
We collect Personal Information to provide you with the best service experience possible on the Website and keep in touch with you about developments in our business.
We customarily only disclose Personal Information to our service providers who assist us in operating the Website. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
By using our Website, you consent to the receipt of direct marketing material. We will only use your Personal Information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive Personal Information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature, such as an unsubscribe button link.
Security, Access and correction
We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained in, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that is stored in our client files and records will be kept for a maximum of 7 years to fulfill our record keeping obligations.
The Australian Privacy Principles:
permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and
allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).
Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy.
Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as on the contact details set out at the bottom of this policy. All complaints will be considered by Bridget Knights and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
Overseas transfer
Your Personal Information may be transferred to recipients located in USA. USA has data protection laws which protect Personal Information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your Personal Information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your Personal Information is mishandled.
How to contact us about privacy
If you have any queries, or if you seek access to your Personal Information, or if you have a complaint about our privacy practices, you can contact us through: admin@thinkbrighttherapy.com.au.
privacy policy
About the Website
Welcome to thinkbrighttherapy.com.au (Website). The Website is Early Years Specialist Education and Workshops (Services).
The Website is operated by Think Bright Therapy (ABN 40 787 934 784). Access to and use of the Website, or any of its associated Products or Services, is provided by Think Bright Therapy. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Think Bright Therapy reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Think Bright Therapy updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Think Bright Therapy in the user interface.
Registration to use the Services
In order to access the Services, you must first register for an account through the Website (Account).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Email address
Telephone number
Full Name
You warrant that any information you give to Think Bright Therapy in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Think Bright Therapy; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
you will use the Services only for purposes that are permitted by:
the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Think Bright Therapy of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Think Bright Therapy providing the Services;
you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Think Bright Therapy;
you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Think Bright Therapy for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Payment
All payments made in the course of your use of the Services are made using Direct Deposit. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Direct Deposit terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Think Bright Therapy can vary the Services Fee at any time.
Refund Policy
Think Bright Therapy will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Think Bright Therapy makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Think Bright Therapy are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Think Bright Therapy or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Think Bright Therapy, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device's cache memory; and
print pages from the Website for your own personal and non-commercial use.
Think Bright Therapy does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Think Bright Therapy.
Think Bright Therapy retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Think Bright Therapy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
Think Bright Therapy takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Think Bright Therapy's Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the 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.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Think Bright Therapy will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Think Bright Therapy make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Think Bright Therapy) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Think Bright Therapy; and
the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
Think Bright Therapy's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Think Bright Therapy, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, 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.
Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Think Bright Therapy. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Think Bright Therapy will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Think Bright Therapy as set out below.
If you want to terminate the Terms, you may do so by:
providing Think Bright Therapy with 7 days' notice of your intention to terminate; and
closing your accounts for all of the services which you use, where Think Bright Therapy has made this option available to you.
Your notice should be sent, in writing, to Think Bright Therapy via the 'Contact Us' link on our homepage.
Think Bright Therapy may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Think Bright Therapy is required to do so by law;
the provision of the Services to you by Think Bright Therapy is, in the opinion of Think Bright Therapy, no longer commercially viable.
Subject to local applicable laws, Think Bright Therapy reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Think Bright Therapy's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify Think Bright Therapy, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
Dispute Resolution
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Brisbane Mediation;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Brisbane, Australia.
Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Think Bright Therapy is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
terms & conditions
This Refund Policy ("Policy") applies to the following purchases: Products and Ticketed Events
General
We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.
Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
Australian Consumer Law
Under the Australian Consumer Law:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the goods, you are entitled
to cancel the purchase; and
to a refund for the price of the goods; and
compensation for any damage or loss (whether direct or consequential) that was, or reasonably ought to have been, foreseeable by us.
If the failure with the service does not amount to a major failure, you are entitled to to a re-supply of the goods within a reasonably time, or to cancel the purchase and be provided with a refund of any price paid.
We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
Cancellation and Change of Mind
We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
Products Damaged During Delivery
In the event that the product you ordered has been damaged during delivery:
Please contact us as soon as possible.
Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 7 days from the date of receiving the product.
Exceptions
Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
You misused the said product in a way which caused the problem.
You knew or were made aware of the problem(s) with the product or service before you purchased it.
You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
Any other exceptions that apply under the Australian Consumer Law.
Shipping Costs for Returns
In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the "Returned Product") back to us, as well as any cost of shipping any replacement product to you.
If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under
the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
Response Time
We aim to process any requests for repairs, replacements or refunds within 10 days of receipt.
How to Return Products
You can contact us using the contact email provided at the end of this Policy to discuss a return using the information.
Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
To be eligible for a refund, repair or replacement, you must provide proof of purchase.
You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
Contact Us
If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: admin@thinkbrighttherapy.com.au.
refund policy
Last updated: 19 Apr 2024
This Website (referred to in these “terms of use” as the website) is owned and operated by Think Bright Therapy, who is referred to in this Cookie Policy as “we”, “us”, “our” and similar grammatical forms.
Our Cookie Policy explains what cookies are, how we use cookies, how third-party partners may use cookies on our Websites and your choices regarding cookies.
General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse is not personal information as described in the Privacy Act.
Why do we use “cookies” and other web use tracking technologies?
When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.
We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
We collect information using “cookies” and other tracking technologies for the following reasons:
to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;
to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and
when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.
What are your choices regarding cookies?
If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.
Cookies Policy
All care is taken in the preparation of the information and published materials on this site. Think Bright Therapy does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Think Bright 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.
This site may contain hypertext links, frames or other references to other parties and their websites. Think Bright Therapy cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Think Bright Therapy do not necessarily approve of, endorse, or sponsor any content or material on such sites. Think Bright Therapy make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.
Think Bright Therapy are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.
If you have any concerns regarding the content of the Website, please contact Think Bright Therapy.
