DISABILITY COUNSEL PTY LTD

ABN 77317452520

www.disabilitycounsel.com.au

TERMS AND CONDITIONS OF SALE

Effective Date: 1 April 2026 – Version 1.0

1. Preliminary

These Terms and Conditions of Sale (Terms) govern all purchases made through the Disability Counsel online store, operated via ThriveCart with Stripe payment processing. By completing a purchase, you (the Purchaser) agree to be bound by these Terms in their entirety.

These Terms are governed by the laws of Queensland, Australia, and are subject to the provisions of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL), the Australian Privacy Act 1988 (Cth), and all other applicable Commonwealth and Queensland legislation.

Disability Counsel Pty Ltd (ABN 77317452520) (Disability Counsel, we, us, our) reserves the right to amend these Terms at any time. Amendments take effect upon publication to the website. Continued use of the purchase portal following publication constitutes acceptance of the amended Terms.

2. Definitions

In these Terms, unless the context otherwise requires:

  • ACL means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
  • Communication Card Set means a physical, printed set of communication support cards produced by Disability Counsel and dispatched to the Purchaser by post or courier;
  • Digital Product means any Practice Guide or other downloadable resource made available to the Purchaser in electronic format upon completion of purchase;
  • Group Supervision Webinar (Webinar) means a scheduled, live, online group supervision session delivered via webinar platform, including any associated post-session recording made available for a limited period;
  • Order means a completed transaction initiated by the Purchaser through the ThriveCart purchase portal;
  • Product means any Webinar, Digital Product, or Communication Card Set offered for sale by Disability Counsel;
  • Purchaser means the individual or entity completing an Order;
  • Recording means a video or audio recording of a Group Supervision Webinar made available to enrolled Purchasers for a limited period following the live session;
  • ThriveCart means the e-commerce platform through which Orders are processed;

3. Products and Orders

3.1 Product Descriptions

Disability Counsel offers the following categories of Products:

  • Group Supervision Webinars: Live, online group supervision sessions delivered to enrolled Purchasers via webinar platform. A Recording of each session is made available to enrolled Purchasers for a limited period following the conclusion of the live event. The duration of Recording access is specified at the point of sale and may vary by Webinar;
  • Practice Guides. Specialist clinical and practice resources provided in downloadable electronic format (PDF or equivalent) upon completion of purchase;
  • Communication Card Sets. Physical, printed communication support card sets dispatched by Disability Counsel from the Sunshine Coast, Queensland, by standard or tracked post;

All Product descriptions, including session dates, access durations, and specifications, are published on the ThriveCart purchase page and/or the Disability Counsel website. Disability Counsel takes reasonable steps to ensure accuracy; however, minor variations in physical products (such as colour rendering) may occur due to printing processes and do not constitute a defect.

3.2 Order Acceptance

An Order constitutes an offer by the Purchaser to purchase the nominated Product subject to these Terms. Disability Counsel reserves the right to decline or cancel any Order, including where a Product is no longer available, where a pricing error has occurred, or where Disability Counsel has reasonable grounds to do so. Where an Order is declined following payment, a full refund will be issued within ten (10) business days.

3.3 Pricing and Taxes

All prices are displayed in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) where applicable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Disability Counsel will issue a tax invoice upon completion of each Order showing the GST in addition to the cost of the product or service.

Where a Purchaser is located outside Australia, it is the Purchaser’s responsibility to determine and meet any applicable import duties, taxes, or customs obligations in their jurisdiction. Disability Counsel does not accept liability for any such charges.

3.4 Payment

Payment is processed securely via Stripe through the ThriveCart platform. Disability Counsel does not store credit card or financial account details. By completing a purchase, the Purchaser agrees to Stripe’s terms of service and privacy policy, available at stripe.com. Access to Digital Products and enrolment confirmation for Webinars is conditional upon receipt of cleared funds.

4. Group Supervision Webinars

4.1 Enrolment and Access

Upon receipt of cleared payment, the Purchaser will receive confirmation of enrolment and details of the webinar platform link and session time. It is the Purchaser’s responsibility to ensure they have a compatible device and internet connection sufficient to participate in the live session.

Group Supervision Webinars are scheduled for a specified date and time (Australian Eastern Standard Time or Australian Eastern Daylight Time, as applicable). Disability Counsel reserves the right to reschedule a Webinar in exceptional circumstances. In such cases, enrolled Purchasers will be notified by email as soon as practicable.

4.2 Post-Session Recording Access

A Recording of each live Webinar session will be made available to enrolled Purchasers for a limited period following the conclusion of the live event. The duration of access is specified at the point of sale.

Recording access is provided for the personal professional development of the enrolled Purchaser only. The Purchaser must not share, distribute, copy, upload, or otherwise make the Recording available to any third party. Recording access is not transferable.

Disability Counsel does not guarantee uninterrupted access to Recordings and is not liable for any technical interruption outside its reasonable control. On expiry of the access period, Recording access will cease without further notice.

4.3 Cancellation and Refund Policy for Webinars

The following cancellation and refund policy applies to Group Supervision Webinars. This policy does not limit any rights the Purchaser may have under the ACL.

4.3.1 Cancellation by the Purchaser

  • Cancellation requests must be submitted in writing to fiona.davis@disabilitycounsel.com.au ;
  • Cancellation with no less than seven (7) clear calendar days’ notice prior to the scheduled live session date: a full refund will be issued, less any transaction fees retained by Stripe or ThriveCart that are non-recoverable by Disability Counsel;
  • Cancellation with fewer than seven (7) clear calendar days’ notice prior to the scheduled live session date: no refund will be issued. The Purchaser will retain access to the post-session Recording for the nominated access period;
  • Non-attendance on the day of the live session without prior cancellation: no refund will be issued. The Purchaser will retain access to the post-session Recording for the nominated access period;

Transfer of enrolment to a future Webinar cohort is not available under any circumstances.

4.3.2 Cancellation by Disability Counsel

In the event that Disability Counsel cancels a scheduled Webinar (for reasons other than rescheduling), enrolled Purchasers will receive a full refund of the purchase price within ten (10) business days. Disability Counsel’s liability in such circumstances is limited to the refund of the purchase price and does not extend to any consequential loss.

4.3.3 Rescheduled Webinars

Where a Webinar is rescheduled by Disability Counsel, enrolled Purchasers will be notified and offered the choice to attend the rescheduled session or receive a full refund. If a Purchaser does not respond within the timeframe specified in the notification, it will be assumed the Purchaser accepts the rescheduled date.

5. Practice Guides (Digital Products)

5.1 Delivery

Upon receipt of cleared payment, the Purchaser will receive a download link or be granted access to download the Practice Guide via ThriveCart. Disability Counsel takes reasonable steps to ensure timely delivery of download access. If the Purchaser does not receive access within 24 hours of purchase, they should contact fiona.davis@disabilitycounsel.com.au.

5.2 Licence

Purchase of a Practice Guide grants the individual Purchaser a non-exclusive, non-transferable, personal licence to use the resource for their own professional practice and development only. The Purchaser must not:

  • reproduce, copy, or distribute the Practice Guide in whole or in part;
  • share, upload, or transmit the Practice Guide to any third party, whether by email, file-sharing platform, internal organisational network, or any other means;
  • use the Practice Guide for commercial purposes, including on-selling, sub-licensing, or incorporating it into paid training or education products without the express prior written consent of Disability Counsel;
  • remove or alter any copyright notices, branding, or attribution contained within the Practice Guide.

     

Organisational or multi-user licences may be available by separate arrangement. Enquiries should be directed to fiona.davis@disabilitycounsel.com.au.

5.3 Refund Policy for Digital Products

Due to the immediate nature of digital delivery, Practice Guides are not eligible for refund or exchange once a download link has been accessed or the download has been initiated, except where required by the ACL.

Where a Purchaser experiences a technical issue preventing download or access, Disability Counsel will take reasonable steps to resolve the issue, including re-issuing a download link. This does not constitute a separate or additional licence.

This policy does not exclude, restrict, or modify any consumer guarantee rights under the ACL.

6. Communication Card Sets (Physical Products)

6.1 Dispatch

Communication Card Sets are dispatched by Disability Counsel from the Sunshine Coast, Queensland, by standard or tracked post. Disability Counsel aims to dispatch orders within five (5) business days of receipt of cleared payment. Estimated delivery timeframes are provided as a guide only and are subject to Australia Post or courier service conditions.

Risk of loss or damage to the Communication Card Set passes to the Purchaser upon dispatch. For orders within Australia, Disability Counsel recommends selecting tracked postage where available at the time of checkout. For international orders, additional delivery timeframes and costs apply, and it is the Purchaser’s responsibility to comply with any applicable import requirements.

6.2 Inspection on Receipt

The Purchaser should inspect the Communication Card Set upon receipt. Notification of any damage, defect, or incorrect item must be provided to Disability Counsel within seven (7) calendar days of receipt, with supporting photographic evidence where reasonably practicable.

6.3 Refund and Replacement Policy for Communication Card Sets

Disability Counsel will provide a replacement or, at the Purchaser’s election, a refund of the purchase price in the following circumstances:

  • the Communication Card Set arrives in a damaged condition;
  • the Communication Card Set received does not correspond to the item ordered;

Change-of-mind returns are not accepted for Communication Card Sets. Disability Counsel is not liable for loss or damage occurring after dispatch where the Purchaser has accepted delivery.

This policy does not exclude, restrict, or modify any consumer guarantee rights under the ACL.

 

7. Australian Consumer Law — Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any right or remedy that the Purchaser has under the ACL, including the consumer guarantees set out in Part 3-2 of the ACL.

To the extent permitted by law, where Disability Counsel is liable for a failure to comply with a consumer guarantee, and the failure is not a major failure, Disability Counsel may elect to repair or replace the Product, or re-supply the service, rather than provide a refund.

Where a failure to comply with a consumer guarantee is a major failure, the Purchaser is entitled to a remedy of their choice, including a refund, replacement, or compensation for the reduction in value of the Product.

For Products that are not of a kind ordinarily acquired for personal, domestic, or household use, Disability Counsel’s liability for failure to comply with a consumer guarantee is limited, to the extent permitted by section 64A of the ACL, to:

  • in the case of goods: repair, replacement, or a refund of the purchase price;
  • in the case of services: re-supply of the service, or payment of the cost of having the service supplied again;

     

Nothing in this clause affects the Purchaser’s rights in relation to personal, domestic, or household goods or services.

8. Intellectual Property

All intellectual property in Disability Counsel’s Products, including but not limited to clinical frameworks, written content, visual design, card layouts, assessment tools, and associated resources, is and remains the exclusive property of Disability Counsel Pty Ltd, or is used by Disability Counsel with appropriate authority.

Purchase of a Product does not transfer any Intellectual Property (IP) rights to the Purchaser. No licence is granted beyond that expressly stated in these Terms.

The Purchaser must not:

  • reproduce, republish, or distribute any Product or part thereof in any medium without the express prior written consent of Disability Counsel;
  • adapt, modify, translate, or create derivative works based on any Product without express prior written consent;
  • remove, alter, or obscure any intellectual property notices, copyright statements, or branding contained in or on any Product;
  • represent any Product, or any content derived from it, as their own original work;
  • share access credentials, download links, or Recording access with any other person or organisation;

     

Breach of this clause may result in immediate termination of access to any Product and may give rise to a claim for damages. Disability Counsel reserves the right to take all steps available at law to protect its intellectual property.

For enquiries regarding organisational licensing, bulk purchase, or permitted use of Disability Counsel’s resources in training or education, contact fiona.davis@disabilitycounsel.com.au.

9. Professional Scope and Clinical Disclaimer

This clause is material to these Terms and should be read carefully. The following limitations apply to all Products offered by Disability Counsel.

9.1 Nature of Products

Disability Counsel’s Products, including Group Supervision Webinars, Practice Guides, and Communication Card Sets, are designed to support the professional development, practice capability, and reflective practice of qualified or registered practitioners in the disability, behaviour support, and developmental education sectors. They are not a substitute for individual clinical supervision, professional consultation, legal advice, or medical advice.

9.2 Not Individual Clinical Supervision

Group Supervision Webinars are structured group learning and reflective practice experiences. Participation in a Webinar does not constitute, and must not be represented as, individual clinical supervision of the Purchaser’s practice or of any specific client case. Participation does not create a supervisory relationship between Disability Counsel and the Purchaser and does not satisfy any individual supervision requirements imposed by a registration body, employer, or funding authority, unless otherwise explicitly confirmed in writing by Disability Counsel.

9.3 No Clinical Advice for Specific Cases

No Product offered by Disability Counsel constitutes professional advice, assessment, clinical recommendation, or opinion in respect of any individual client, participant, or consumer. Content provided through Webinars, Practice Guides, and Communication Card Sets is general and educational in nature. Application of any resource or practice principle to a specific client situation remains the sole professional responsibility of the practitioner, who must exercise their own independent clinical judgement in accordance with their professional obligations, relevant standards, and the specific needs and circumstances of the individual.

9.4 Regulatory Compliance

Disability Counsel’s Products are produced with reference to current evidence-based practice, and relevant professional standards at the time of publication. It is the Purchaser’s responsibility to verify that any practice guidance remains current and applicable in their jurisdiction and practice context. Disability Counsel accepts no liability for reliance on any content that has been superseded by regulatory or legislative change after the date of publication.

9.5 Scope of Liability

To the extent permitted by law, Disability Counsel expressly excludes liability for any loss, harm, regulatory action, or adverse outcome arising from:

  • the application of any content from a Product to a specific client situation;
  • reliance on a Product as a substitute for individual clinical supervision, peer consultation, or professional advice;
  • failure by the Purchaser to exercise independent professional judgement;
  • use of a Product in a manner inconsistent with these Terms or with the product’s stated purpose;

10. Limitation of Liability

To the maximum extent permitted by the ACL and applicable law, Disability Counsel’s total liability to the Purchaser arising out of or in connection with any Order or Product is limited to the purchase price paid for that Product.

Disability Counsel is not liable for any indirect, consequential, special, or incidental loss or damage, including loss of income, loss of opportunity, or reputational harm, arising from the purchase or use of any Product.

Nothing in this clause limits Disability Counsel’s liability for death or personal injury caused by its negligence, or any liability that cannot be excluded by law.

11. Privacy

Disability Counsel collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information collected in connection with an Order (including name, email address, and postal address for physical deliveries) is used for the purpose of processing and fulfilling the Order, communicating with the Purchaser about their purchase, and, providing information about future Products and professional development opportunities.

Payment information is processed by Stripe and is subject to Stripe’s privacy policy. Disability Counsel does not retain financial account details.

The Purchaser may request access to, or correction of, personal information held by Disability Counsel by contacting fiona.davis@disabilitycounsel.com.au. Disability Counsel’s Privacy Policy is available on the website.

12. Dispute Resolution

In the event of a dispute arising from a purchase or from these Terms, the Purchaser should contact Disability Counsel in the first instance at fiona.davis@disabilitycounsel.com.au, providing details of the concern. Disability Counsel will acknowledge receipt within five (5) business days and endeavour to resolve the matter in good faith.

If the dispute cannot be resolved through direct communication, either party may refer the matter to a recognised Australian mediation or dispute resolution service. Nothing in this clause prevents a Purchaser from accessing their rights under the ACL, including making a complaint to the Australian Competition and Consumer Commission (ACCC) or the relevant state consumer affairs agency.

13. General

These Terms constitute the entire agreement between Disability Counsel and the Purchaser in respect of any Order and supersede all prior representations, understandings, and agreements.

If any provision of these Terms is found to be invalid, unenforceable, or void under applicable law, that provision will be severed, and the remaining provisions will continue in full force and effect.

No waiver by Disability Counsel of any breach of these Terms constitutes a waiver of any subsequent breach.

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and, where applicable, the Commonwealth courts of Australia.

14. Contact Information

Business Name: Disability Counsel Pty Ltd

ABN: 77317452520

Address: Sunshine Coast, Queensland, Australia

Email: fiona.davis@disabilitycounsel.com.au

Website: www.disabilitycounsel.com.au