website terms of use
Welcome to our website. This website with URL address “www.whalesharktherapy.com.au” is owned and operated by Whale Shark Therapy Services, ABN 57659094630.
The terms' us' or 'our' or 'we' refers to Whale Shark Therapy Services, the owner of the website, whose registered office is in Western Australia. The term 'you' or 'your' refers to the website user.
Whale Shark Therapy Services is a business that provides the following services and products:
§ Occupational Therapy services
§ Therapy ideas, strategies and humour on social media: www.instagram.com/whalesharktherapy , www.facebook.com/whalesharktherapy and www.instagram.com/whaleshark_adhd.
Please read these Terms and Conditions carefully, as together with our Privacy Policy; it sets out your important rights and obligations in relation to:
1. the use of this website and social media accounts
2. all services and products provided through this website and social media accounts.
Should you not agree with any of these terms and conditions, please do not use our website or social media accounts.
1. Your use of this website and social media accounts are subject to the following terms and conditions:
1.1. When you visit this website and social media accounts and use our services or purchase our products, you agree that you have read these Terms and all related documents and that you are willing to be bound by them.
1.2. The content of this website is for your general information and use only. It is subject to change without prior notice.
2. Variation
2.1. We may update our terms and conditions from time to time, and the new provisions will apply from the date they are updated.
3. Disclaimer (General)
3.1. Whilst every care is taken, Whale Shark Therapy Services does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
3.2. The information available through this website site and social media pages is provided for general interest, entertainment and/or education purposes only.
3.3. You are solely responsible for any results you obtain as a result of using the information on this website and social media pages.
3.4. You acknowledge and agree that no information or advice provided by us, including that contained on this website, in any way constitutes therapy, health or education advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website and social media pages.
3.5. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website and social media pages.
4. Copyright, trademarks and other intellectual property
4.1. Whale Shark Therapy Services owns the intellectual property rights in all of the content of this website and social media pages or has permission to use or display the material on this website.
4.2. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.
4.3. Please email Hayley@whalesharktherapy.com.au if you require permission to reproduce any of the contents of this website.
4.4. Images and item descriptions posted on this website and social media pages by third parties are the responsibility of those third parties and may be subject to copyright.
4.5. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
5. Personal use only
5.1. You may access, download, or print material from the website and social media pages for your personal use only.
5.2. Sharing any intellectual property or copyright material from this website and social media pages for commercial use of any sort without permission is expressly prohibited.
5.3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or social media pages or any site accessible through this website.
5.4. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.
6. No unlawful or prohibited use
6.1. As a condition of your use of this website and social media pages, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
6.2. You may not use this website or social media pages in any manner which could damage, disable, overburden, or impair this website or interfere with any other person's use and enjoyment of this website.
6.3. You agree not to hack into areas of this website or social media pages that are not intentionally made available to you.
6.4. You expressly agree not to:
6.4.1. engage in any internal or external spamming, or other similar actions
6.4.2. engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
6.4.3. decompile, reverse engineer, or try to copy or imitate this website or social media pages or underlying content
6.4.4. use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
6.4.5. use data collected from the website or social media pages for any direct marketing activity (including without limitation, email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
6.4.6. use data collected from the website or social media pages to contact individuals, companies or other persons or entities for marketing purposes.
6.5. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
7. Copyright infringement
7.1. If you believe that there is material on our website or social media pages that infringes third party intellectual property rights, please email Hayley@whalesharktherapy.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Whale Shark Therapy Services website or social media pages if appropriate.
8. Cookies
8.1. This website uses cookies to monitor browsing preferences.
8.2. By using our website and social media pages or by agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
9. Third-party links
9.1. This website may also, on occasion, include links to other websites which are not controlled by us.
9.2. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
9.3. Third-party links on our website do not signify that we recommend or endorse the websites.
9.4. We have no control over the nature, content and availability of those websites.
10. Website security
10.1. Whale Shark Therapy Services makes every effort to maintain the security of the Whale Shark Therapy Services website, including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
10.2. Whale Shark Therapy Services disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
10.3. The Whale Shark Therapy Services website is managed by third-party services; therefore, the website may be inaccessible from time to time.
11. Limitation of Liability
11.1. Whale Shark Therapy Services will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.
11.2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
11.3. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
12. Indemnity
12.1. You agree to indemnify and defend Whale Shark Therapy Services from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
12.1.1. your unauthorised use of this website or products or services included or advertised on this website
12.1.2. your breach of these Terms of Use.
13. Applicable law
13.1. This agreement is governed by the laws of the State of Western Australia and you consent to the exclusive jurisdiction and venue of courts within the State of Western Australia, in all disputes arising out of or relating to the use of this website.
13.2. You may provide notice to us through the contact us page or otherwise by email addressed Hayley@whalesharktherapy.com.au
13.3. Whale Shark Therapy Services may provide notice to you via email or other electronic means.
13.4. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
14. Relationship
14.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Whale Shark Therapy Services as a result of this agreement or use of this website.
15. Validity
15.1. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
15.2. These terms and conditions, together with our Privacy Policy, form the entire agreement between you and Whale Shark Therapy Services.
16. Feedback, comments or complaints
16.1. If you have any questions, please email Hayley@whalesharktherapy.com.au. We endeavour to respond to all inquiries within three business days.
website privacy policy
Thanks for visiting our website
Whale Shark Therapy Services, ABN 57659094630 is committed to protecting your privacy as an online visitor to our website.
This privacy policy provides you with details of how Whale Shark Therapy Services collects and processes your personal data through your use of our site and social media accounts.
As an online business, we aim to comply with the Australian Privacy Principles contained in The Privacy Act 1988 (Cth) and General Data Protection Regulations (GDPR) to ensure that your information is protected.
We use the information we collect about you to maximise the services and products we provide to you via our website and through our business.
By providing us with your data, you warrant that you are over the age of 18 years.
This Privacy Policy, together with our Website Terms and Conditions (including Disclaimer) and Listing Terms and Conditions, form the entire agreement between you and Whale Shark Therapy Services.
Whale Shark Therapy Services is the controller of the personal information collected via this website; therefore, we are responsible for your personal data (referred to as "we", "us", or "our" in this Privacy Policy).
1. Contact Details
Our full contact details are
Whale Shark Therapy Services, ABN 57659094630
Hayley@whalesharktherapy.com.au
1.1. It is essential that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing Hayley@whalesharktherapy.com.au
2. Personal Information – Type, purpose and legal grounds
2.1. Personal information/data means any information capable of identifying an individual. It does not include data that is anonymous in its source.
2.2. We may process the following categories of personal data about you:
2.2.1. Communication Information
2.2.1.1. Communication information includes any communication that you send to us. This information can be sent to us through:
a. The contact form on our website;
b. The subscriber form on our website;
c. Booking an appointment via Splose link on the website;
d. Email, text, social media messaging;
e. Social media posting; or
f. Through any other communication that you send to us.
2.2.1.2. We process this data for:
a. Communicating with you;
b. For record-keeping, and;
c. For the establishment, pursuance or defence of legal claims.
2.2.1.3. Our legal ground for this processing is our legitimate interests, which are to respond to communications sent to us, keep records, and establish, pursue, or defend legal claims.
2.2.2. Customer Information
2.2.2.1. Customer information or data includes any information you provide relating to any purchases of goods and/or services, such as your name, title, billing address, delivery email address, phone number, contact details, purchase details, and card details.
2.2.2.2. We process this information to:
a. Supply the goods and/or services you have purchased, and;
b. To keep records of such transactions.
2.2.2.3. Our legal ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
2.2.3. User Information/Data
2.2.3.1. User information includes data about how you use our website and any online services together with any data that you may post for publication on our website or through other online services. We may collect, store and use:
a. information that you provide to us when using the services on our website or that is generated in the course of the use of those services (including the timing, frequency, and pattern of service use);
b. information contained in, or relating to, a personal or business account with our website (including name, email address, date and month of birth);
c. information that you provide when you provide feedback;
d. information that you provide when you change your personal details or email preferences;
e. information that you provide when you respond to a survey;
f. information that you provide when you communicate with our customer support;
g. any other personal information that you choose to send to us.
2.2.3.2. Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.
2.2.3.3. We process this data to
a. Operate our website and ensure relevant content is provided to you;
b. To ensure the security of our website;
c. To maintain backups of our website and/or databases and;
d. To enable publication and administration of our website, other online services, and business.
2.2.3.4. Our legal ground for this processing is our legitimate interests, which are to enable us to administer our website and our business properly.
2.2.3.5. We will not, without your express consent, supply your personal information to any third party for their or any other third party's direct marketing.
2.2.4. Technical Data
2.2.4.1. Technical data is information about your use of our website and online services, such as information about your visits to and use of this website, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths.
2.2.4.2. The source of this data is from our analytics tracking system.
2.2.4.3. We process this data to analyse your use of our website and other online services, administer and protect our business and website, deliver relevant website content and advertisements to you, and understand the effectiveness of our advertising.
2.2.4.4. Our legal ground for this processing is our legitimate interests, which are to enable us to administer our website and our business properly, grow our business, and decide our marketing strategy.
2.2.5. Financial Transactions
2.2.5.1. All our website financial transactions are currently handled through our payment services provider. However, this may change from time to time.
2.2.5.2. We will share information with our payment services provider only to the extent necessary for processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
2.2.5.3. All individual profile and company details are not used for any other purpose other than that described above.
2.2.5.4. Details are only supplied to a third-party supplier when required by law for goods or services you have purchased or to protect our copyright, trademarks, and other legal rights.
2.2.6. Marketing Information/Data
2.2.6.1. Marketing information includes data about your preferences in receiving marketing from our third parties and us and your communication preferences.
2.2.6.2. We process this data to:
a. Enable you to receive our newsletter;
b. Enable you to participate in promotions such as competitions, prize draws and free giveaways;
c. To deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising.
2.2.6.3. Our legal ground for this processing is our legitimate interests, which are to study how customers use our products/services, develop them, grow our business, and decide our marketing strategy.
2.2.6.4. We may use Customer, User, Technical and Marketing Information/Data to:
a. Deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and;
b. Measure or understand the effectiveness of the advertising we offer to you.
2.2.6.5. Our legal ground for this processing is legitimate interest which is to grow our business.
2.2.6.6. We may also use such data to send other marketing communications to you. Our legal grounds for doing so are your consent or legitimate interest, namely to grow our business. (Please see Marketing Communications below – Section 4).
2.2.7. Sensitive Data
Option 2
We need to collect the following sensitive data about you to deliver therapy services.
We require your explicit consent for processing sensitive data; therefore, when you submit your details, we will send you a further communication asking for you to confirm your consent to this processing
2.2.8. Contract Obligations
2.2.8.1. Where we are required to collect personal data by law or under the terms of the contract between us, and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you).
2.2.8.2. If you don't provide us with the requested information, we may have to cancel a product or service you have ordered, but if we do, we will notify you at the time.
2.2.9. Use of Personal Information
2.2.9.1. We will only use your data for the purpose it was collected for or reasonably compatible purposes if necessary. If we need to use your details for an unrelated new purpose, we will let you know and explain the legal grounds for processing.
2.2.9.2. We may process your personal information without your knowledge or consent where this is required or permitted by law.
3. How your personal information is collected
3.1. Cookies
3.1.1. We may automatically collect certain data from you as you use our website by using cookies and similar technologies.
3.1.2. A "cookie" is a piece of information that is stored on your computer's hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
3.1.3. Cookies are used by nearly all websites and do not harm your system.
3.1.4. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. By not blocking cookies and continuing to browse, you are authorising the use of cookies. If you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Site.
3.2. How do we use cookies?
3.2.1. We use cookies to track your use of our website. This enables us to understand how you use the Site and track any patterns regarding how you are using our website. This helps us develop and improve our website and products and/or services in response to what you might need or want.
3.3. Types of Cookies:
3.3.1. Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page, but they do not collect any personal data from your computer; or
3.3.2. Persistent cookies: a persistent cookie is stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. For example, we use persistent cookies for Google Analytics.
3.4. Cookies categories:
3.4.1. Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and/or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
3.4.2. Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the Site are most popular.
3.4.3. Functionality cookies: These cookies allow our website to remember the choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested, such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
3.4.4. Please note that third parties who advertise on our website (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
4. Marketing Communications
4.1. Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests, namely to grow our business.
4.2. We may send you marketing communications if:
4.2.1. You made a purchase or asked for information from us about our goods or services; or
4.2.2. You agreed to receive marketing communication, and, in each case, you have not opted out of receiving such communications since.
4.2.3. You are a company; we may send you marketing emails without your consent. You may opt out of receiving marketing emails from us at any time.
4.3. Express consent
4.3.1. It is unlikely that Whale Shark Therapy Services will share your personal data with any third party for their own marketing purposes; however, we will obtain your express consent in such circumstances.
4.4. Stopping marketing messages
4.4.1. You can ask third parties or us to stop sending you marketing messages at any time by:
4.4.1.1. following the opt-out links on any marketing messages sent to you, or
4.4.1.2. Emailing us at Hayley@whalesharktherapy.com.au at any time.
4.4.2. If you opt-out of receiving marketing communications, this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations, returns, replacements etc.
5. Disclosures of Your Personal Data
5.1. We may have to share your personal data with the parties set out below:
5.1.1. Service providers who provide IT and system administration services.
5.1.2. Professional advisers, including lawyers, bankers, auditors, and insurers.
5.1.3. Government bodies that require us to report processing activities.
5.1.4. Market Researchers and Analysts.
5.1.5. Marketing agencies we may engage with from time to time.
5.1.6. Third parties to whom we sell, transfer, or merge parts of our business or our assets.
5.2. We require all third parties to whom we transfer your data to respect the security of your personal data and treat it according to the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
6. International Transfers (for example, to our preferred email marketing platform or CRM)
6.1. Whenever we transfer your personal data, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
6.1.1. If you are a resident of the European Union, we will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
6.1.2. Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
6.1.3. If we use US-based providers part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
6.2. If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
7. Data Security
7.1. We strive to ensure the security, integrity, and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.
7.2. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
7.3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.4. We have procedures in place to deal with any suspected personal data breach. We will notify you and any applicable regulator of a breach if we are legally required to.
8. Data Retention
8.1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements.
8.2. For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years after they stop being customers.
8.3. In some circumstances, we may delete identifying components of your data for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your Legal Rights
9.1. Under data protection laws, you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, object to processing, portability of data, and (where the lawful ground of processing is consent) to withdraw consent.
9.2. If you wish to exercise any of the rights set out above, please email us at Hayley@whalesharktherapy.com.au
9.3. To respond to any request, we will require the following information:
9.3.1. your name and address; and
9.3.2. your contact telephone numbers
9.4. There is no fee chargeable to access your personal data; however, we may charge a fee if your request is unfounded, repetitive or excessive, or refuse to comply with our request in these circumstances.
9.5. As a security measure to ensure your data is not disclosed to any person who has no right to receive it, we may request further information from you.
9.6. We try to respond to all legitimate requests within 30 days unless the request is complex or where there are multiple requests. If our response is likely to exceed 30 days, you will be notified.
9.7. If you are not happy with any aspect of how we collect and use your data, please contact us first to attempt to resolve your issue immediately. You also have the right to complain to the Office of the Australian Privacy Commissioner (https://www.oaic.gov.au), the Australian supervisory authority for data protection issues.
10. Change in Privacy Policy
10.1. To ensure our privacy policy remains current, this policy is subject to change.
10.2. We may modify this policy at any time, at our sole discretion. All modifications will be effective immediately upon our posting of the modifications on this website. Therefore, please return periodically to review our privacy policy.
10.3. You may instruct us at any time not to process your personal information for marketing purposes.
10.4. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
10.5. If you have any questions or concerns at any time about our Privacy Policy or the use of your personal information, please email Hayley@whalesharktherapy.com.au