Terms & Conditions

1. Overview 

This website is operated by the Centre for Emotional Health, a controlled entity of Macquarie University. Throughout the site, the terms “we”, “us” and “our” refer to Macquarie University.  Macquarie University offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on an online platform provided by Shopify Inc, a Canadian based company. Their online e-commerce platform allows us to sell our products and services to you.  

 

2. Online Store Terms

 In these Terms, the following definitions apply:

  • “Offer to Purchase” means your intention to receive products from us via the initiation of a Transaction, which is subject to our approval, and does not confirm our offer to sell to you.
  • Of legal age to form a binding contract with us (18 years or older);
  • Have the legal right to make the Transaction and use the payment means selected by you;
  • Intend to create an Offer to Purchase.
 

In doing so you grant us the right to use the information submitted to us through you Offer to Purchase in accordance with our Privacy Policy and Privacy Collection Notice. We reserve the right to request verification of your personal or financial information prior to accepting your Offer to Purchase.

Any Offer to Purchase received by Macquarie University through this website is subject to acceptance by Macquarie University. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.

Title in goods purchased by you though this website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.

We do not guarantee the availability of any products advertised on the Website.

Prices are inclusive of goods and services tax. If you require delivery of goods outside of Australia, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order.

 

3. Non-acceptance of Offer to Purchase

An Offer to Purchase must be accepted by us. The receipt of an electronic or other form of order confirmation does not signify our acceptance of your Offer to Purchase. We reserve the right to reject any Offer to Purchase made by you at any time for any reason including for the following reasons:

 
  • If we are unable to verify the payment details (clause 4);
  • The product ordered is unavailable; or
  • The identification of a typographical error whereby the product or pricing information is incorrect in some way (see clause 6).
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    4. Authorisation of payment and fraud prevention

    We employ a payment gateway provider to process your payment. Prior to the acceptance of your order, we may request additional information from you, such as a request for a photocopy of any photographic identification such as a driver’s licence or passport. We have the right to refuse an Offer to Purchase if the request for additional information is refused by you.

     

    5. Limits to a Transaction

    Except to the extent prohibited by applicable law, we reserve the right with or without prior notice to:

       
    • Change a description, image or reference of a product (descriptions and references to a product do not imply our endorsement of a product nor do they indicate our representations about the accuracy of the description or reference);
    • Limit the available quantity of any product;
    • Honour or impose conditions on the honouring of discount code or promotion;
    • Bar any user from making any or all Transaction(s);
    • Refuse to provide any user with any product; or
    • Refuse or cancel any Offer to Purchase for any reason prior to our acceptance of this offer pursuant to clause 6.
     

    6. Pricing and errors on the Website

    We reserve the right to update or correct information on the website at any time without notice. In the event that a product is listed at an incorrect price or with incorrect information, we have the right to refuse shipment of or cancel any Offer to Purchase for the product. Where we become aware of any error or inaccuracy after acceptance of your Offer to Purchase, we will inform you as soon as possible and give you the option of re-placing your order at the correct price or cancelling your order for a refund. Where we cannot get in contact with you when we become aware of the error, your order may be cancelled and refunded.

     

    7. Payment

    Payment can be made by Visa or MasterCard. Credit Card transactions are processed through the Secure Payment Gateway provided by Shopify, a Canadian company. Your card details are not disclosed to us and are not stored in our database. Shopify stores your credit card data. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

     

    All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa or Mastercard. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

    For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

     

    8. Charges

    You are required to pay all charges incurred by you or on your behalf through the website, at the price(s) in effect when these charges are incurred, including, without limitation, all shipping and handling charges and any applicable network charges in respect of mobile downloads. All sales through the website are final, and all charges from those sales are non refundable, except as otherwise expressly stated in these Terms.

     

    9. Acceptance of your Offer to Purchase and delivery of goods

    We will endeavour to process Transactions as soon as possible, once your Offer to Purchase is accepted by us. If you wish to have the products delivered, it will be via a domestic or international service. Except to the extent prohibited by applicable law, we reserve the right to change delivery options without notice.

    In the instance where a purchase which was elected to be collected or picked-up instead of being shipped remains uncollected for a period of 6 months, the purchased goods will be forfeited by the purchaser and will be taken back into the seller's inventory.

     

    10. Delivery delay

    While our delivery providers make every effort to deliver parcels within our delivery timeframe, we cannot guarantee delivery times as these can change for reasons which are beyond our control. We will not be liable for late deliveries or any loss, damage or cost incurred due to late delivery.

     

    11. Non receipt of parcel due to 3rd party delivery provider error

    In the instance where you have not received your order due to a delivery error (this includes parcels that are marked as undeliverable, missing or lost in transit articles, 3rd party delivery provider sorting issues and disputed deliveries), we will, at your request, contact the delivery provider to open an investigation on your behalf. If a resolution has not been reached within a reasonable time after the investigation was opened, we will re-ship your item(s) to you free of charge (where the stock is still available), or refund your order.

    Please note this does not apply to orders where the address has been submitted incorrectly at the point of checkout, or to items that are returned to sender due to not being collected from a postal centre in a timely manner. In these cases, additional charges may apply to reshipment or to a refund.

     

    12. Customs and import duties

    International orders may be subject to local charges. Any and all customs or import duties are charged once the parcel reaches its destination country and are to be paid for by the recipient. While we endeavour to inform you of any customs or import duties and the value limit at which duty is payable at checkout, we cannot be responsible for reimbursing any additional costs charged on delivery of an order that were not indicated prior to checkout.  
    Delivery of international parcels may be delayed due to customs clearance issues and where this occurs we are not responsible for any loss or additional costs incurred as a result.

     

    13. Prohibited Uses

    In using the website and Services you must not:

       
    • link to any part of the websites or frame or use any framing techniques to capture any part of the website;
    • access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls;
    • engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
    • impersonate or falsely claim to represent a person or organisation;
    • defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;
    • post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the website in a manner which is unlawful;
    • post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan, worm or other harmful or disruptive component;
    • use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the website, or use any manual process to copy the Websites or content contained thereon;
    • attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.
     

    14. Termination

    These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

    If you have failed to comply with any term of these Terms (or we suspect that you have failed to comply) or for any other reason, for instance a third party whom we use for the website is no longer able to provide services to us, we may, in our absolute discretion, terminate this agreement with prior notice, if reasonable in the circumstances.

     

    15. Limitation of Liability

    We are not liable for any loss or damage occurred by use of the website or any other site linked to the website, or for loss or damage incurred through the purchase of any product made available via the website or from any recommendation or information provided by us to you through the website. If we breach any term, condition or warranty (which cannot be excluded at law), our liability is limited, at our discretion, to either:

       
    • The re-supply of goods purchased by you via the website in respect of which the claim arises; or
    • Payment of the amount paid by you for the goods in respect of which the claim arises.
     

    We will not be liable for any other loss or anticipated loss or damage incurred by you however caused which arises from or in connection with your use of the website, the contents of the website (this includes information, pricing and all Products), or your reliance on any information or service we provide to you. We do not guarantee that your access and use of the website will be free from any errors or viruses that may harm your software or affect the use of your computer.

     

    16. Access and communication

    We use reasonable efforts to ensure the integrity of the website by using virus checking software. However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems.

    We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.

     

    17. Indemnity

    You indemnify Macquarie University and its officers, directors, agents, contractors, service providers, subcontractors, suppliers and employees against all legal action, loss, damage or costs arising from your breach (or the breach of any other person accessing the website and its contents through you) of these Terms and your use of the website or your reliance of the website (this includes all information including prices and products offered).

     

    18. Applicable laws

    This policy is governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.

     

    19. Licensed Programs Training and Accreditation

    Professionals wishing to deliver the Cool Kids Anxiety Program (including the extension programs) and the Study Without Stress program must complete the required training and accreditation processes applicable to each program. For further information please refer to the Cool Kids Accredited Provider Licence Terms and Conditions or review the requirements for training in our programs through our training website. 

    20. Survival of Terms

    These Terms shall survive any termination or expiration of the Terms applicable to the website.