1.1 These terms and conditions constitute an agreement between Developmental Disability Council Of Western Australia (Inc.) trading as Developmental Disability WA (“DDWA”) with its registered office at City West Lotteries House, 2 Delhi Street, West Perth WA 6005 ABN 61 889 503 484 and you as the customer of DDWA’s online shop at www.ddwa.org.au (“Customer”).
1.2 DDWA’s products, services, resources and offerings are available online as well as from our principal place of business through mobile applications, webpages, application and programming interfaces and are collectively referred to as “DDWA Products and Services“. These terms and conditions (“Term/s”) apply to any site(s) on which they are posted. Where other terms or agreements are instead posted, those terms or agreements will take precedence over these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the DDWA Products and Services or otherwise made available by DDWA in connection with the DDWA Products and Services is the “Site Content” (“Content“).
1.3 When these Terms use the terms “DDWA,” “we,” “us,” or “our,” that refers to Developmental Disability WA and its affiliates.
2.1 By placing an order on our website, you are making an offer to us which we accept here at DDWA when we agree to accept your order to purchase DDWA Products and Services (“Purchase”) and process your payment. You appoint DDWA as your agent for the purpose of arranging shipping of your Purchase to you at your selected destination.
2.2 Where the Customer makes a Purchase, DDWA shall not be deemed to have accepted such a Purchase unless confirmed in writing sent by email to the Customer’s nominated email address.
2.3 Formal acceptance and confirmation of the purchase will include individual and organisation details and addresses, payment requirements, and any additional conditions to the Terms between the parties.
2.4 The confirmation of the purchase may be received by email but where a purchase is made by telephone DDWA will confirm the details of the order in writing.
2.5 Unless otherwise stated, GST is included.
2.6 All orders are in Australian dollars (AUD).
2.7 Payment for the Purchase(s) must be made at the time of Purchase.
2.8 Payment can be made via credit card via the Stripe facility. We do not accept Diners Card, cheque or PayPal or direct payment.
2.9 Alternatively, Customers are welcome to purchasing DDWA Products and Services by calling the office on (08) 9420 7203 or visit DDWA’s office at City West Lotteries House, 2 Delhi Street, West Perth WA 6005. It is recommended that Customers phone first to ensure the DDWA Products and Services are in stock and available for collection.
2.10 DDWA reserves the right to contact Customers by phone or email to seek additional information for verification purposes before processing your order.
2.11 The Purchase will not be delivered to the Customer until payment or evidence of payment has been received by DDWA.
2.12 While we try and ensure that all details, descriptions and prices that appear on this website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
2.13 Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the total.
2.14 Until payment has cleared, no orders will be dispatched. In the event that payment does not clear, the order is cancelled.
3. DDWA Payment Processing
3.1 If you are a Customer located in Australia and submitting a credit card for DDWA to process your Purchase, for purposes of DDWA Payment Processing you are contracting with DDWA to supply these DDWA Products and Services.
3.2 DDWA incurs the costs for processing the payment.
3.3 DDWA will at all times act in accordance with the obligations under the Australian Consumer Law.
4. Delivery - Postal
4.1 DDWA does not ship overseas. DDWA Products and Services can only be shipped to an Australian address.
4.2 Printed resources are dispatched within 5 business days via regular post and shipping is estimated at 3-14 business days depending on your location within Australia.
4.3 Postage and handling costs for printed resources are mailed via standard post via Australia Post at $6.00 for a single item and $2.00 for each additional item.
5. Delivery - Electronic
5.1 Electronic (virtual) DDWA Products and Services are provided by a YouTube link emailed to your provided email address.
6. Technical Support
6.1 Any technical issues in viewing or accessing your electronic (virtual) DDWA Products and Services please contact firstname.lastname@example.org or phone (08) 9420 7203.
7. DDWA as a registered Not for Profit Organisation
7.1 In accordance with the Australian Charities and Not-for-profits Commission rules, a not-for-profit can make a profit, but any profit made must be used for its purposes. Profits can be kept as long as there is a genuine reason for this and it is to do with its purpose. DDWA undertakes to act in accordance:
“The assets and income of the organisation shall be applied solely to further its objects and no portion shall be distributed directly or indirectly to the members of the organisation except as genuine compensation for services rendered or expenses incurred on behalf of the organisation.”
8. Ownership of Intellectual Property
8.1 All rights, title and interest (including all copyrights and other intellectual property rights) in the DDWA Products and Services (in both print and online forms), the website and any documentation relating to the products and services belongs to DDWA, its licensors or its third party suppliers.
8.2 The Customer does not acquire any ownership or copyright nor other intellectual property rights or proprietary interest in the products and services, or copies thereof. The Customer acknowledges that it does not have the right or permissions to sub-licence or on sell the products and services to any other party.
8.3 Copyright and ownership of all original and draft literary, video, audio or artistic work, including but not limited to documents, artwork and graphics provided by DDWA remains the property of DDWA, unless otherwise stated or agreed in writing.
8.4 If the Customer wishes to use any original or draft literary, video, audio or artistic work then the Customer may only do so if they have received prior permission in writing from DDWA.
9.1 Nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify the statutory Customer guarantees as provided under the Competition and Customer Act 2010 (Cth), as well as any other implied warranties which are precluded from exclusion or modification and this Clause is only intended to limit DDWA’s liability where the law allows.
9.2 Where permitted by law DDWA will not be liable for any loss, action, injury, claim, liability or damage of any kind, directly or indirectly, resulting in any way from any errors, omissions, unavailability, interruption, use, misuse, content, delay, failure or negligence of DDWA (or its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of DDWA or its affiliates; and each third party supplier of materials and their affiliates and any officer, director, employee, subcontractor, agent, successor, or assign), contained in or relating to the products and services, or this website.
9.3 DDWA (including its related entities, respective officers, employees and agents) excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the work and without limiting the generality of the foregoing.
9.4 DDWA is not subject to, and the Customer releases DDWA from, any liability (including but not limited to consequential loss or damage) because of, inter alia: any delay in delivery or fault or defect in the work; negligent act or omission; improper use of work, operation, storage or handling of work by the Customer other than accordance with any written instructions supplied with the work.
9.5 DDWA will not be liable for any loss or damage to the Customer or any other party including loss of income.
9.6 DDWA’s liability to the Customer for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the Customer caused or contributed to that loss or damage.
10. Dispute Revolution
10.1 The Customer must notify DDWA of any disputes by email to email@example.com
10.2 In the event of a dispute arising out of these Terms or any contract, both parties must exercise reasonable endeavours to resolve the dispute including by way of mediation where appropriate
11. Force Majeure
11.1 DDWA shall not be in default or be liable for failure to observe or perform in accordance with these Terms for any reason or cause which is outside of the reasonable control of DDWA, including without limitation, war, insurrection, riot, civil commotion, strikes, lockouts, industrial disputes, acts of god, act of governments, flood, storm, tempest, power shortages or power failure, or an inability to obtain sufficient labour, raw materials, fuel or utilities.
12. Refunds & Cancelations
12.1 Please choose carefully. DDWA does not offer refunds for changes of mind. If the item is faulty and DDWA is notified within 30 days of receiving the goods, a full refund, exchange or credit of the goods will be arranged. Notify DDWA by email firstname.lastname@example.org to arrange.
12.2 If your order was damaged when you received it or was not what you expected, we are happy to arrange a replacement or refund. Please email email@example.com or call the office on (08) 9420 7203 if you would like to return an item and include your order number and phone number so we can process your request promptly. If a product is returned for any reason other than it being damaged or not as described, the customer is liable for postage.
12.3 You may cancel your order if it is shippable and the order hasn’t been dispatched. If it is an electronic (virtual) product that has been emailed to you, then you are unable to cancel your order as you are deemed to have already received the DDWA Products and Services.
12.4 Printed Resources may be returned for a refund on the following terms:
12.4.1 Refunds will be made to the same credit card via Stripe that was charged for the original purchase.
12.4.2 If the product is damaged a new copy will be supplied.
12.4.3 Digital products cannot be returned or exchanged after purchase unless faulty or not as described.
12.4.4 Cancellations and No Shows of Parent/Carer Training by Customer:
12.4.4.(1) If you give DDWA short notice of cancellation (or if you are a no show), DDWA is able to recover 90% of the associated fees. A short notice cancellation is when you:
12.4.4.(1)(a) do not arrive at the Parent/Carer Training within a reasonable time, or are not present at the agreed place and within a reasonable time; or
12.4.4.(1)(b) have not given less than two (2) clear business days’ notice for a support that meets both of the following conditions:
(i) the support is less than 8 hours continuous duration; AND
(ii) the agreed total price for the support is less than $1000; or
12.4.4.(1)(c) have given less than five (5) clear business days’ notice for a support that meets both of the following conditions:
(i) the support is more than 8 hours continuous duration; AND
(ii) the agreed total price for the support is more than $1000.
12.4.4.(2) Where a Service Agreement has been entered into between DDWA and the Customer then the terms and conditions of that Service Agreement will take precedence over these Terms.
13.2 If you would like this policy printed and posted to you please call the office on (08) 9420 7203.
14.1 These terms may be changed, amended or altered in part, or in full, without warning by DDWA. It is the responsibility of the Customer to read and understand these Terms.
14.2 DDWA is entitled to rely on orders made by any employee, agent or contractor of the Customer. Such orders shall be deemed to have been made with the authority of the Customer and will be binding.
14.3 These Terms and the order and any alterations made in writing by DDWA constitute the entire agreement between the parties in relation to the supply of the products or services, and supersedes all previous agreements or understandings between the parties including any inconsistent terms in any order.
Developmental Disability WA 2020.