Terms of Supply

Bigger Minds Pty Ltd trading as ACDMweb (ABN 27 159 833 164) (we or us) supplies goods and services ordered from this Website on the terms set out below. By completing an order of goods and/or services at this Website you are agreeing to the terms set out below.

Part A: Definitions

In these terms of supply, the following capitalised words have the meaning indicated:

  • Agreement means the agreement formed by your agreement to these terms in relation to a purchase of goods and/or services from the Website. If you make multiple purchases from the Website, a separate Agreement is created for each purchase transaction entered into by you at this Website.
  • Card Details means the details of your credit or debit card provided to us for processing your payment, including card number, CCV number expiry date and the name on your card.
  • Customer Service Page means the page at the website that provides information to assist you contacting us: www.acdmweb.com/contact.
  • Event means an event organised by us for you to attend and is held at premises operated by third parties.
  • Kit means a kit known as the "Allen Cognitive Level Screening Activities" kit, as more fully described here: www.acdmweb.com/supplies.
  • Login Credentials means the username and password for accessing the Publication which you create for accessing the Website.
  • Payment Details means the information (including Card Details and delivery and billing address) which you provide to purchase goods or services from the Website and which we provide to the Payment Gateway Service Provider to process your payments.
  • Payment Gateway Service Provider means the service providers we use to process any payment you make to us from our website, payments. Details of our service providers including their privacy policy, are provided here: www.paypal.com.
  • Publication means the publication known as the "Allen Cognitive Disability Model", as made available to Subscribers at this Website, and as more fully described here: www.acdmweb.com/acdm.
  • Publication Content means all material and other information comprising the Publication.
  • Subscriber means a person who has a current Subscription.
  • Subscription means your Initial Subscription or any Extended Subscription.
  • Subscription Codes means a unique code that can be redeemed by a User for a Subscription.
  • User means a person who has a free account on the Website.
  • you means you, the purchaser of any goods or services from the Website (and your has a corresponding meaning).
  • Website means this website at www.acdmweb.com.

Part B: Subscriptions

  1. Initial Purchase: If you purchase a subscription to the Publication from this Website, you will be entitled to access all Publication Content for a period of one year, commencing on the date you purchase the subscription ("Initial Subscription").
  2. Subscription Codes: If you purchase subscription codes to the Publication from this Website, a User who redeems the code will be entitled to access all Publication Content for a period of one year, commencing on the date that the code was redeemed.
  3. Redeeming Codes: Once Subscription Codes have been paid for, they can be redeemed for an Initial Subscription. Subscription Codes are unique and can only be used once.
  4. Code Validity: The Subscription Codes are valid for three months from the date of payment.
  5. Price: The price payable for your Initial Subscription is displayed on the page where you confirm purchase of your Subscription. The price payable for each Extended Subscription is the price displayed at our website from time to time for an Extended Subscription. All prices for Subscriptions include all applicable taxes, including GST.
  6. Use: In consideration for your purchase of your Subscription, we grant to you a non-exclusive, non-transferable right to make unlimited use of the Publication during the period of that Subscription, subject to the following provisions:
    1. Each Subscription permits one person to access the Publication and only you may access the Publication using your Subscription. If you operate a business and you require more than one member of your personnel to access the Publication simultaneously, you must purchase a Subscription for each member of your personnel who will access the Publication at any one time.
    2. You must keep your Login Credentials secure so that unauthorised persons cannot access the Publication using your Login Credentials.
    3. We may monitor use of your Login Credentials and, if we observe multiple concurrent use of the Publication using your Login Credentials, or we have other reasonable grounds to suspect that your Login Credentials have been provided to persons in breach of this Agreement, we may terminate you Subscription without notice.
    4. You must not make any copies of all or any part of the Publication, except to the extent necessary to view the Publication online using an internet browser.
  7. Updates: From time to time we may update or otherwise make changes to the Publication. Only the most current version of the Publication will be available at the Website.
  8. Information provided: We use reasonable care in preparing and presenting material contained in the Publication. That information is provided as general information and reference only and in no way is it provided as our advice, approval, recommendation or endorsement. You must use your own professional judgement and make your own independent enquiries where appropriate and obtain appropriate advice regarding any issue before making any decision or taking any action in reliance on information contained in the Publication.
  9. Availability: We will use all reasonable endeavours to ensure that our Website and the Publication are accessible for your use with a high level of availability. However, service outages are inevitable from time to time and we exclude any warranty, condition or representation as to the proportion of time that the Publication will be available for your access.

Part C: Supplies

  1. Order Confirmation: We will confirm your order by email once it has been received. In some circumstances we may decline an order you have placed, in which case we will notify you by email that we have declined the order and we will instruct our Payment Gateway to refund to you the full amount you have paid, using your Payment Details.
  2. Delivery: If you purchase one or more Kits from this Website, we will deliver them to you using the delivery method indicated [on the page where you confirm purchase of your Kits]. The expected time for shipping is also indicated on that page, but shipping times may vary.
  3. Price: The price payable for your Kits is displayed on Supplies. All prices for Kits include all applicable taxes, including GST and all shipping costs.
  4. Payment Processing: When you make a payment, we provide your Payment Details to our Payment Gateway Service Provider to process your payment. Your Payment Details are retained by our Payment Gateway Service Provider so that we can provide you with a refund, if required. We do not retain a copy of your Card Details.
  5. Warranty: We warrant that the Kits will be of merchantable quality and as described on this Website at the time of ordering.
  6. Defective Kits: You must inform us of any defects in a Kit within 90 days of receipt of the Kit from us. If you believe there is a defect in any Kit which we have supplied to you or you fail to receive Kits you have purchased from us, please follow the instructions for contacting us at the Customer Service Page. Unless otherwise instructed by us, you must return defective Kits to us and address the returned Kits to PO Box 40, Stanhope Gardens NSW 2768, Australia. Subject to the other provisions of this paragraph, we will replace a defective Kit or instruct our Payment Gateway to refund to you the full amount you have paid for the Kit, using your Payment Details.

Part D: Events

  1. Registration: You can register to attend Events from this Website for yourself only.
  2. Admittance: Your registration entitles you to admittance to the Event for which you have registered. Any and all other costs associated with your attendance (including travel and accommodation expenses) shall be borne solely by you. We reserve the right to refuse anyone entry to our Event.
  3. Price: The price payable for attending the Event is displayed on the page where you confirm purchase of your attendance at the Event. All prices for Events include all applicable taxes, including GST.
  4. Cancellation by you: After registering for the Event, if you cancel your attendance more than two weeks prior to the date of the Event, you will receive a 70% refund of the price payable for attending the Event. If you cancel within two weeks of the date of the Event, you will not be eligible for a refund.
  5. Cancellation by us: We may cancel the Event, and if we do, we will refund you the price paid by you on registering for the Event. Alternatively, we may reschedule the Event and offer you either a place at the rescheduled Event or a refund.
  6. Substitutions: Substitutions may be arranged at the sole discretion of us. You are to send a request of substitution in writing to us at least 24 hours prior to the Event.
  7. Non-Attendance: Non-attendance of the Event due to illness, or for personal or professional reasons does not provide the right to refunds, or a transfer to another Event.
  8. Media: By attending the Event you acknowledge and agree to grant us the right at the Event to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to us includes, but is not limited to, the right to edit such media, and the right to use the media alone or together with other information.

Part E: General

  1. GST: If GST is payable as a consequence of any supply made (or deemed to be made) by one party to the other in connection with this Agreement, the amount of that GST is included in the price stated at the Website as payable under this Agreement and you will receive a tax invoice showing the amount of GST paid.
  2. Liability: To the fullest extent permitted by law, our cumulative liability to you in respect of all claims made by you under or in connection with this Agreement or its subject matter will not exceed, in the aggregate, the amount paid by you in respect of the goods and or services purchased by you under this Agreement.
  3. Exclusions: Except as expressly stated in these terms, to the fullest extent permitted by law
    1. we exclude all warranties or conditions (whether implied by statute, general law, custom or otherwise) or representations and, in particular, we exclude any warranty, condition or representation that the operation of the Website will be uninterrupted or error free or that the Publication or Kits will be suitable for any particular purpose; and
    2. without limiting the generality of clause 8, we exclude, in respect of all claims under or in connection with this Agreement or its subject matter, all liability to you for any consequential, indirect, special or punitive damages or for any loss of profit, revenue, data or goodwill, any interruption to its business, or any failure to realise savings (whether or not we have been advised of the possibility of any such loss or damages).
  4. Application of Legislation: Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to:
    1. in the case of goods, at our option:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of having the goods repaired, and
    2. in the case of services, at our option:
      1. the supply of the services again; or
      2. the payment of the cost of having the services supplied again.
  5. Entire Agreement: This Agreement and any documents referred to in this Agreement is the entire agreement of the parties about the subject matter of this Agreement and supersedes all other representations, negotiations, arrangements, understandings or agreements and all other communications. No party has entered into this Agreement relying on any representations made by or on behalf of the other, other than those expressly made in this Agreement.
  6. Assignment: You must not assign, create an interest in or deal in any other way with any of your rights under this Agreement.
  7. Invalid or Unenforceable Provisions: If a provision of this Agreement is invalid or unenforceable in a jurisdiction, it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of:
    1. that provision in another jurisdiction; or
    2. the remaining provisions.
  8. Governing Law: This Agreement is governed by the laws of New South Wales.
  9. Jurisdiction: Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
  10. Interpretation: This Agreement must not be construed adversely to a party only because that party was responsible for preparing it. In this Agreement:
    1. the headings are for convenience only and do not affect construction or interpretation;
    2. "including" means "including without limitation" and "includes" or "include" and "in particular" are to be understood similarly; and
    3. unless the context requires otherwise:
      1. words importing the singular include the plural and vice versa;
      2. references to any person include references to any human being, company, body corporate, association, joint venture, partnership, trust and any entity capable of suing and being sued;
      3. a reference to any statute includes references to that statute as from time to time amended, consolidated or re-enacted and all rules, regulations, statutory instruments or orders made under it;
      4. a reference to time is to time in Sydney, NSW;
      5. a reference to a clause or paragraph is a reference to a clause or paragraph of this Agreement;
      6. a reference to dollars or "$" is a reference to US dollars;
      7. if a period occurs from a day of an act or event, it excludes that day and includes the day on which the period is stated to end.