Theracrew
Theracrew Home
Thercrew Home
Thercrew THome

Theracrew Terms and Conditions

About Theracrew

Terms and Conditions

The owner and operator of this site is Theracrew Pty Ltd (ABN 64 123 798 023)
Use of this website is subject to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

All Prices are in Australian Dollars. Where the purchase is made from within Australia its price (including any applicable delivery and order charge) is inclusive of Australian GST (Goods and Services Tax). Where the purchase is made from outside Australia its price (including any applicable delivery and order charge) is exclusive of Australian GST.

If you notify us within 30 calendar days of placing an order that you believe the materials supplied are not fit for your purpose or do not answer the description we have given, we will refund your purchase in full.

The information contained in this site may contain inaccuracies, typographical or bibliographical errors. All liability of Theracrew howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Theracrew is the copyright owner of the content of this website or is permitted by the copyright owner to use the content on the website. Brand names, images, characters, titles and other product information used in this site may be the trademark or intellectual property of a registered holder. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights. However, the Australian Copyright Act allows certain uses of content on the internet without the copyright owner's permission by educational institutions for educational purposes, provided fair payment is made. School use is administered by CAL licence - See www.copyright.com.au. Except as permitted by the copyright law applicable, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

Nothing contained in the website should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on this website without the express written permission of Theracrew or third party owner.

If you purchase from outside Australia, you agree that you act as the importer of goods shipped from overseas and that all such goods are for private use only or otherwise limited by the terms described on our website. You are responsible for any import taxes.

These Terms of Use are governed by the laws in force in the State of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts which may hear appeals from those courts.

1. General.

The Theracrew service is an online service that provides users with access to discover, read and purchase learning materials works from content providers through multiple electronic interfaces including the Theracrew website, mobile applications, web applications, and other applications (the "Service").

By registering, accessing or using the Service you signify that you have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"), whether or not you are purchase the Service. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Theracrew reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If Theracrew does this, Theracrew will post the changes to these terms and conditions on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.

If you do not comply with this Agreement at any time, Theracrew reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account, if any. In Theracrew's sole discretion and without prior notice or liability, Theracrew may discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that Theracrew shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Theracrew in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or account, as applicable.

2. Registered Users.

The Service is open to the public but certain portions, components, content and features of the Service (including purchases or access) are only available to individuals who register with Theracrew and create a user account on the Service (each, a "Registered User"). If you are a Registered User then you agree to the following:

(i) in consideration of your use of the Service, you agree to: (a) provide true, accurate and current information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate and current. If you provide any information that is untrue or not current or incomplete, Theracrew has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);

(ii) Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Theracrew of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in the Theracrew Privacy Policy.

3. Restrictions on Use.

These terms apply to all users of the Service, whether or not you are a Registered User.

A. You shall use the Service for lawful purposes only. you shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Theracrew's express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Theracrew's discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.

B. All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement ("Site Content"), save and except for any literary works are the proprietary property of Theracrew or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Theracrew's permission. Provided that you are eligible for use of the Service and subject to these Terms of Use, you are granted a limited license to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use (or approved use within your educational institution or therapy practise, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of Theracrew, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Theracrew at any time without notice and with or without cause.

C. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Theracrew the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use. You grant Theracrew the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Theracrew for sale on the Service by a publisher or other content provider.

D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:

(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;

c) using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Theracrew's systems or networks, or any systems or networks connected to the Service or to Theracrew;

(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Theracrew, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;

(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";

(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Theracrew ability to monitor or make available the Service; or

(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Theracrew will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.

4. Disclaimer of Warranty; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER THERACREW, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.

C. IN NO EVENT WILL THERACREW, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THERACREW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THERACREW IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

5. Monitoring.

Theracrew shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Theracrew and to satisfy any law, regulation or authorized government request. Theracrew shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, Theracrew determines to be objectionable. Although Theracrew reserves the right to remove, without notice, any posting for any reason, Theracrew has no obligation to delete submissions that you may find objectionable or offensive.

6. Indemnification.

You agree to defend, indemnify and hold harmless Theracrew and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of any improper or unauthorized use by you of the Service.

7. Trademarks.

Theracrew, Theracrew.com and related words, domain names and logos are trade-marks and the property of Theracrew. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.

8. Third Party Content.

Theracrew has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Theracrew or Theracrew. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Theracrew neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized Theracrew employee spokespersons while acting in their official capacities.

9. Literary Works.

All literary works at Theracrew.com.au are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for Theracrew’ Registered Users' personal and non-commercial use. Any other use of literary works downloaded from Theracrew.com is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from Theracrew.com, the Registered User hereby acknowledges and agrees to these terms.

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Theracrew is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Theracrew does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.