CONDITIONS OF USE
Welcome to our website and online store!
USING OUR SERVICES
We provide a variety of services and content on this site. When you use our services or content, you do so subject to the following terms and conditions. Please read them carefully.
Certain services and content are provided free-of-charge. Other services and content, such as subscription services and paid downloadable content, require payment before they can be accessed. If we stipulate that payment is required, you may not access them without payment.
We also offer special promotional plans or services from time to time, including offerings of third-party products. We are not responsible for the products provided by third parties. Your decision to purchase any such products shall be at your sole discretion. You are responsible for undertaking all relevant inquiries before making a purchase.
YOUR PERSONAL ACCOUNT
If you wish to purchase our products via our online store or use our online services, including paid subscription services, you must first create a personal account.
You must be age 18 to create an account and use our online services.
You promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
You are responsible for all use (including any unauthorised use) of your account username and password. Fabic shall not be responsible for any losses arising from the unauthorised use of your account. Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorised access to your account.
Fabic may reclaim, or require you to change, your account username for any reason.
Please contact us if you suspect that your account has been compromised.
Fabic reserves the right to refuse to register a user or terminate an account for any reason.
FREE DOWNLOADABLE CONTENT
Free downloadable content made available via our site is licensed, not sold, to you.
Fabic and our licensors retain ownership of all copies of the content even after you have downloaded it to your devices. Your right is to access and read, watch or listen to the content (depending on whether the content is written, audio or audio-visual content)
You have no other rights to that content.
(a) Scope of licence: Fabic grants you a non-exclusive, non-transferable licence to use free downloadable content in accordance with the terms set out below (‘Usage Rules’). The licence is personal to you and does not confer any rights on any other person or entity.
The terms of this licence will govern your use of free downloadable content that is accessible within our website. Except as provided in the Usage Rules, you may not distribute or make the content available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sub-licence the content.
You may not copy, display, post, frame, rip or scrape the content for use on another website, app, blog, product or service. You agree to not create any derivative work based on or containing the content, and you may not use the content in any product or service (commercial or non-commercial) without Fabic’s prior express written consent.
(b) Termination: This licence is effective until terminated by Fabic. Your rights under this agreement automatically terminate if you do not comply with any of its terms.
PURCHASED PRODUCTS AND PAID CONTENT
You can purchase products via our online store and access certain downloadable content and online services on our site for a charge, which is referred to as a ‘Transaction’. Each Transaction is an electronic contract between you and Fabic.
(a) Stock availability: All products sold via our online store are subject to availability. Fabic reserves the right not to accept or cancel any order for products that are out of stock.
(b) Product descriptions: Fabic and its associates attempt to be as accurate and precise as possible. However, Fabic does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered by Fabic itself is not as described, your sole remedy is to return it in an unused and as new condition.
(c) Prices: All prices are shown in Australian dollars. All prices are inclusive of GST.
For most orders, the postage and handling fee will be between AUD $20 to $40; however this will be higher for some international orders and larger orders. All postage and handling fees are governed and calculated by Australia Post.
Deliveries to countries outside Australia might incur customs or import taxes. Unfortunately, we cannot calculate or include those charges in the purchase for you as we do not have any control over them. We recommend that you contact your local customs office prior to ordering anything online so that you are not surprised by any unexpected charges.
Australia Post has an in-depth break down of their service fees, including estimates and costs, viewable at https://auspost.com.au/content/dam/auspost_corp/me.
(d) Payment: Where our products, downloadable content or online services, including subscription services, are able to be accessed only for a charge, Fabic will charge your selected payment method (such as your credit card, debit card, gift card/code, or other method available in your home country) for any paid Transaction, including any applicable taxes.
If your primary payment method cannot be charged for any reason, you authorise Fabic to charge your other notified payment methods (if any). If we cannot charge you, you remain responsible for any unpaid amounts, and we may attempt to charge you again without further notification to you, which you expressly consent to by signing up for or otherwise using the paid downloadable content or online services, or we may request that you provide another payment method. Any unpaid amounts constitute a breach of this agreement and will automatically entitle Fabic in its sole discretion to suspend or cancel our services, without notice to you. Fabic’s failure to enforce any such right will not constitute a waiver of such.
All Transactions are final. Subscription charges will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or a similar refund in the future.
(e) Taxes: The supply of certain products and services, including paid subscription services and access to paid downloadable content via this site, may attract goods and services or value added tax at the stime of supply. Tax rates are calculated based on the information you provide and the applicable rate at the time of charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in tax rate will be automatically applied based on the account information you provide.
(f) Delivery times: We send our orders via Australia Post.
Generally, for international orders, you can expect your items to arrive in around 4 to 7 working days. For most domestic orders (orders within Australia), you can expect them in around 1 to 4 working days. However, delivery times are provided as guidelines only. Please note that delivery to rural addresses can result in longer delivery times.
Fabic cannot be held responsible for any action, costs, taxes or delays over which it has no control, including shipping and delivery delays and delays due to customs.
Shipping days do not include public holidays.
If you are not present at the delivery address to sign for your parcel, it will be taken to your local postal outlet for collection. In the event that your order is not collected from the closest postal outlet within 7 business days it will be returned to Fabic.
Australia Post deliveries can be tracked on route with eParcel. You can track your delivery by going to AusPost tracking and entering your tracking number – your Order Shipped email will contain this information for each parcel.
If Australia Post loses or misdelivers an order Fabic shall not be responsible for the re-delivery, replacement or refunding of the order. Just the same, Fabic in its sole discretion may decide to replace or refund the order. If you are found to have given an incorrect or insufficient address, then Fabic will not refund or resend the product.
(g) Insurance: Fabic does not insure purchases. As such, all purchases are at your risk from the time of delivery of the purchase to Australia Post.
Australia Post will do their best to offer you a reliable service so your purchases arrive in premium condition. Before we send anything, we will thoroughly wrap and carefully package the goods, knowing how important these goods are for our customers.
(h) Further inquiries: If you do not receive your order, receive it damaged or need to contact us for any reason regarding it, you can contact us at:
- Phone: +61 7 5530 5099
- Mobile: +61 412 615 798
- Skype: fabic.pty.ltd
- Email: info@fabic.com.au
- Post: Fabic Behaviour Specialist Centre
PO Box 3197
Nerang QLD 4211
Australia
(i) Cancellation of orders: Fabic reserves the right to cancel orders for any reason, including where we believe the order is fraudulent or constitutes a misuse of a promotional or marketing activity or where an error has occurred including errors relating to pricing. If we do cancel your order, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price (where it has already been paid).
(j) Price and tax changes: From time to time, we may change the price for our products, downloadable content or online services, including paid subscription services, and will communicate any price changes to you in advance on reasonable notice. Our communication of such changes may be via this site or via email, at our discretion.
Our publication of any such price or tax changes on this site shall be deemed to be communication of those changes to you. It is your responsibility to read any notifications made, including notifications of such changes, on this site. Price changes will take effect at the start of the next subscription period after the price change takes effect.
Subject to applicable law, by continuing to use paid downloadable content or our online services, including paid subscription services, or renewing your subscription after the price change takes effect, you will have accepted the new price.
If you do not agree to a price change, you can reject the change by unsubscribing from the relevant paid subscription or stop using our online services prior to the price change going into effect.
(k) Cancellation of services or payment: From time to time, Fabic may suspend or cancel our online services or payment or refuse a refund request if we find evidence of fraud, abuse or unlawful or other manipulative behaviour, construed at Fabic’s sole discretion.
(l) Risk of loss: Fabic retains title in all products purchased via our online store until Fabic receives payment in full.
All items purchased from Fabic are handled pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PAID SUBSCRIPTIONS
The services on this site include allow you to purchase access to content or services on a subscription basis (‘Paid Subscriptions’). Paid subscriptions automatically renew at the end of the subscription period until cancelled by you as set out below.
We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. Notices will be issued in accordance with these terms.
If we cannot charge your payment method for any reason and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period.
We reserve the right to cancel or suspend your Paid Subscription if we are unable successfully to charge your payment method to renew your subscription.
When your Paid Subscription ends, you will lose access to any functionality or content that requires a Paid Subscription.
Withdrawal Right
If you purchase a Paid Subscription, you have fourteen (14) days after your purchase to cancel your subscription for any reason. If you cancel your subscription within 14 days after your purchase, you must pay us for the services provided up until the time you tell us that you have changed your mind. You otherwise expressly consent to us providing you with the services immediately following your purchase, and acknowledge that you lose your right of withdrawal, and authorise Fabic to charge you automatically each month until you effectively submit a cancellation request in accordance with this agreement.
DOWNLOADS
You may be limited in the amount of content you may download, and some download content may expire after a given amount of time after it is downloaded.
Certain content may not be available for download at all or may only be available to you after payment of a further purchase price or subscription fee, as stipulated on this site.
You may be able to redownload previously acquired content (‘Redownload’) to your devices that are signed in with the same personal account. Content may not be available for Redownload if that content is no longer offered on this site.
Content may be removed from our site at any time, at our sole discretion, after which it cannot be downloaded, redownloaded, or otherwise accessed from us. If we remove any content, we shall not be liable to you for doing so to the fullest extent permitted by law.
TERMINATION AND SUSPENSION OF SERVICES
If you fail or Fabic suspects that you have failed to comply with any of the provisions of these terms and conditions, Fabic may, without notice to you: (i) close your account and/or (ii) cancel or suspend your access to our services and/or your subscription.
Fabic reserves the right to modify, suspend or discontinue our services (or any part or content thereof) at any time with or without notice to you. To the fullest extent permitted by law, Fabic will not be liable to you or to any third party should it exercise such rights.
If Fabic cancels or suspends your personal account or your access to the services and/or your subscription, you agree that (i) Fabic shall have no liability or responsibility to you, except as expressly provided in these terms or as required by any applicable law; and (ii) Fabic will not be obliged to refund any amounts that you have already paid.
LINKED SITES
This site may contain links to other websites operated by third parties. Fabic is not liable for those sites or any content or information such sites contain.
INTELLECTUAL PROPERTY
You acknowledge and agree that the services, including but not limited to the content, graphics, user interface, audio clips, video clips, editorial content and the scripts and software used on this site or in delivering our services, contain proprietary information and material that is owned by Fabic and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright in Australia and internationally.
You agree that you will not use the aforesaid proprietary information or materials in any way whatsoever except for the use of our products, downloadable content or online services, for personal, non-commercial uses in compliance with these terms and conditions.
No part of this site or our products, downloadable content or online services, including subscription services, may be transferred or reproduced in any form or by any means, except as expressly permitted by these terms. You agree not to modify, rent, loan, sell, share or distribute our products, downloadable content or online services in whole or in part, in any manner, and you shall not exploit them in any manner not expressly authorised by us.
The general structure of this site, and our products, downloadable content and online services and all elements composing this site and our products and services, such as the Fabic name, service mark, domain names, videos, graphics, logo and any other features of our site are the sole property of Fabic or its licensors. The aforesaid features are protected by intellectual property laws. You can only use these elements for the purpose of using this site, and our products, downloadable content and online services in compliance with these terms.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, are the property of Fabic or our content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Fabic, with copyright authorship for this collection by Fabic and protected by international copyright laws.
TRADE MARKS
Fabic trademarks and trade dress may not be used in connection with any product or service that is not from Fabic, in any manner that is likely to cause confusion for customers or in any manner that disparages or discredits Fabic. All other trademarks not owned by Fabic or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Fabic or our associated companies.
REVIEWS, COMMENTS, EMAILS AND OTHER CONTENT
Visitors may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of a comment or other content. Fabic reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fabic and its associates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.
You also grant Fabic and its associates and sublicensees the right to use the name that you submit in connection with such content, if they so choose.
You represent and warrant that:
(a) you own or otherwise control all of the rights to the content that you post;
(b) the content is accurate;
(c) use of the content you supply does not infringe these terms and conditions and will not cause injury to any person or entity; and
(d) you will indemnify Fabic or its associates for all claims resulting from content you supply.
You acknowledge that in visiting or posting or reading content on our site, Fabic has the right but not the obligation to monitor and edit or remove any activity or content.
Fabic takes no responsibility and assumes no liability for loss or damage of any kind arising out of or in relation to content posted or read by you or any third party on this site.
MEDICAL DISCLAIMER
Any products, downloadable content or online services, including subscription services accessed on or via this site, are of a general nature only and are not offered as or intended to be a substitute for professional behavioural management, medical or other specialist advice, diagnosis or treatment. As always, seek the care and advice of your Behaviour Support Practitioner, Fabic practitioner and physician or other qualified health provider with any questions or concerns that you may have regarding a behavioural or medical condition.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
CONSENT TO USE OF DATA
You agree that Fabic may collect and use technical data and related information in our operation of the site including in your use of the site – including but not limited to technical information about your device, system and application software – that is gathered periodically to facilitate the provision of product support, and other services to you (if any) related to our services. Fabic may use this information, as long as it is in a form that does not personally identify you, to improve our services to you.
NO WARRANTY
You expressly acknowledge and agree that use of our site, or of any services, products or content that is downloaded or accessed through this site or purchased on our online store, is at your sole risk. To the maximum extent permitted by law: (i) our site, services, products and content are provided ‘as is’ and ‘as available’ with all faults and without warranty of any kind; and (ii) Fabic disclaims all warranties and conditions with respect to the site, services, products and content, either express, implied or statutory, including, but not limited to, implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy and of non-infringement of third-party rights.
Fabic does not represent or guarantee that our site, services, products and content will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion. To the fullest extent permitted by law, you hereby release Fabic from any liability relating thereto. You shall be responsible for backing up and securing your own system, including any content acquired through our services.
You agree that unless required by law, Fabic has no responsibility to continue making our site, services, products and content available to you and Fabic will not be liable to you if our site, or the services, products or content that are accessible through our site, including subscription services or content purchased by you, become unavailable for download, streaming or any other permitted use under these terms for any reason whatsoever.
LIMITATION OF LIABILITY
In the event of any failure of this site or our services, products or content to conform to any applicable warranty, you may notify us and we will refund you any purchase price that you paid for a product or subscription; and, to the maximum extent permitted by applicable law, Fabic has no other warranty obligation whatsoever with respect to your use of this site or our services, products or content, including products purchased by you on our online store.
To the fullest extent permitted by law, Fabic, its directors, officers, employees, affiliates, agents, contractors, licensees and assigns shall not be liable for personal injury or any incidental, special, indirect or consequential loss or damage whatsoever, at any time, and anywhere in the world, including, without limitation, damages for personal injuries, loss of support, loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use this site or our services, products or content, including products purchased by you via our online store, however caused, whether in tort, contract, or otherwise, including but not limited to errors or omissions in any content posted, transmitted or otherwise made available via our site, even if advised of their possibility or likelihood.
Fabic shall use reasonable efforts to protect information submitted by you in connection with your use of this site or our services, products or content, but you agree that your submission of such information is at your sole risk and to the fullest extent permitted by law you hereby release Fabic from any liability to you for any loss relating to such information in any way.
Fabic uses reasonable endeavours to ensure this site, and any transactions conducted on it, are secure. However, the security of information and payments transmitted via the Internet can never be entirely secure or error free. Fabic will not be liable for any damages suffered by you due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
WAIVER AND INDEMNITY
By using our site and our services, products and content, you agree to the fullest extent permitted by law to indemnify and hold Fabic, its directors, officers, employees, affiliates, agents, contractors, licensees and assigns harmless with respect to any claims arising out of your breach of this agreement, your use of our site and our services, products or content, or any action taken by Fabic as part of its investigation of a suspected breach of these terms or as a result of its finding or decision that a breach of these terms has occurred.
GOVERNING LAW
These terms and the relationship between you and Fabic and your use of this site and our services, products and content, including products that you purchase via our online store, shall be governed by the laws of Queensland, Australia, excluding its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the local government area of the City of Gold Coast, Queensland, Australia to resolve any dispute or claim arising out of or in relation to this agreement.
Specifically excluded from application to these terms is that law known as the United Nations Convention on the International Sale of Goods.
ELECTRONIC COMMUNICATIONS
When you visit our site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
DISPUTES
Any dispute arising out of or in relation to your use of this site or our services, products and content, including products that you purchase via our online store or paid subscription services, shall at the request of either party be submitted to mediation in Queensland, Australia, except that, to the extent you have in any manner infringed or threatened to infringe Fabic’s intellectual property rights, including Fabic’s rights as licensee, Fabic may seek injunctive or other appropriate relief in any state or federal court in Queensland, Australia and you consent to the exclusive jurisdiction of such courts.
The mediator shall be appointed by by Fabic who will be independent of Fabic. The mediation shall be held on the Gold Coast, Queensland. The costs of the mediator shall be borne by the parties equally. The procedures to be adopted in the mediation shall be as specified by the mediator, including the length of mediation.
If any such dispute cannot be resolved at mediation, then the dispute shall be submitted to a referee appointed by the President of the Australian Psychological Society for binding expert determination and otherwise conducted in accordance with the model clause for expert determination published on the Queensland Law Society website from time to time in so far as that clause is consistent with the provisions of these terms and conditions.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to this site. We reserve the right to make changes to our site, policies and these terms and conditions, including the Usage Rules, at any time. If any of these terms or conditions is invalid, void or for any reason unenforceable, that condition shall be severable and shall not affect the validity or the enforceability of any remaining terms and conditions.
OTHER PROVISIONS
Entire agreement: These terms and conditions governs any agreement between you and Fabic and your use of this site and our services, products and content.
Severance: If any part of these terms and conditions or any agreement between you and Fabic arising out of or in relation to your visit to this site, use of our content or services, including subscription services, or the purchase of any of our products via our online store, is held invalid or unenforceable, that part shall be construed in a manner consistent with applicable law to reflect as nearly as possible the original intentions of the parties and the remaining parts shall remain in full force and effect. Fabic’s failure to enforce any right or provisions in these terms or an agreement made between you and Fabic as aforesaid will not constitute a waiver of such term or condition or any other provision. Fabic will not be responsible for failures to fulfil any obligations under this agreement due to causes beyond its control.
You agree to comply with all Australian state and federal laws, statutes and regulations that apply to your use of this site or our content and services. Your use of this site and our content and services may also be subject to other laws.
Passing of risk: Risk of loss for all electronically delivered Transactions passes to you upon electronic transmission to you.
Notices: Fabic may send a notice to you with respect to our services or purchases via our online store by sending an email message to your email address or a letter via postal mail to your mailing address or by posting it on this site.
Notices shall become effective immediately.
Compliance with these terms and conditions: You hereby grant Fabic the right to take steps that Fabic believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these terms and conditions or an agreement made as aforesaid.
Disclosure of data and/or information: You agree that Fabic has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Fabic believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these terms and conditions or an agreement made as aforesaid (including but not limited to Fabic’s right to cooperate with any legal process relating to your use of this site or our services or the content.
Ideas and suggestions: If you provide ideas, suggestions, or other feedback in connection with your use of this site or our products or services (‘Feedback’), such Feedback is not confidential and may be used by Fabic without restriction and without payment to you or further notice to you.
Customer Support, Information, Questions and Complaints: For customer support with account and payment-related questions, please go to our customer support page here.
If you have any questions concerning these terms (including any additional Fabic terms and conditions incorporated herein), please contact us by visiting the Contact Us section of this site.
Assignment: Fabic may assign any or all of its rights under these terms and conditions or any agreement made as aforesaid, and may assign or delegate, in whole or in part, any of its rights or obligations in relation to this site or an agreement made as aforesaid.
You may not assign your rights under these terms or an agreement made as aforesaid, in whole or in part, nor transfer or sub-licence any such rights, to any third party.
Definitions: ‘Fabic’ means FABIC Pty Ltd as trustee for FABIC & Educational Trust. Fabic Pty Ltd (The Trust’s A.B.N. 51 755 382 014 and FABIC Pty Ltd’s A.C.N. is 131 219 915.), is a limited liability company registered in Australia. ‘You’ means the visitor to this site and user of online services offered by Fabic.
