MEMBERSHIP TERMS AND CONDITIONS

 

These are the Membership Terms and Conditions of The Neurodivergent Co. (ABN 78 435 698 441) (“The Neurodivergent Co. ”, “we”, “us”, “our”) on our website located at www.thend.co, which is owned and operated by us http://www.thend.co. These Terms and Conditions also incorporate our Terms of Use, Disclaimer and any special conditions applicable to discount codes. These additional terms can be found on our Website, together with our Privacy Policy. 

Please read these conditions carefully, as they apply to all transactions between us on our Website and can only be waived or varied in writing by us. By purchasing an online membership, you’re telling us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us. 

 

 

  • Neurodivergent Resource Library 

 

At The Neurodivergent Co. we are passionate about the celebration of neurodivergence. We’re excited to deliver an educational platform and resource library on our subscription-based Website so that individuals, families and professionals can learn about neurodivergence as not only a pathology or a medical diagnosis, but as an identity and a culture. 

 

 

  • Payment

 

We offer a range of membership plans for purchase on our Website. You agree to pay us the membership price listed on the Website. Payments are due monthly in advance. Unless otherwise stated, all prices are in Australian dollars (AUD) and inclusive of GST, if applicable. We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

Please note that when you purchase an online membership through the Website, no agreement is formed until we process and accept your order and send you a confirmation. You acknowledge and agree that your payment in full in cleared funds is a condition of this Agreement, any breach of which will entitle us to terminate this Agreement immediately. 

If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop your access to the platform unless and until we receive your payment in full.

If you fail to pay us a monthly subscription fee, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend your membership, require payment in a particular form or terminate this Agreement.

We currently accept all major credit and debit cards and use Stripe and PayPal to process payments on our Website. We may add or remove payment methods at our absolute discretion. 

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

Please note that if The Neurodivergent Co. suspects suspicious or fraudulent activity (in its sole discretion) in making the order (for example, unauthorised use of a credit card), The Neurodivergent Co. may refuse to accept the order and deny acceptance of the Customer’s payment.

 

 

  • Discounts and Coupon Codes 

 

We may offer discounts or coupon codes from time to time. Such discounts and coupon codes are subject to conditions stated on the Website and the conditions set out in this clause. If there is an inconsistency between the two sets of terms, the terms relating to the specific discount code on the Website will be the applicable terms.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both). 

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only. 

Coupon codes are non-transferable and are not redeemable for cash under any circumstances. 

We reserve the right to revoke any discount offer or coupon code at any time without notice. 

 

 

  • Access

 

We’ll need you to provide us with your details when making an account, including your name, address, email address and payment details. Once we’ve received your payment and confirmed your membership order, you’ll receive an email with your login details.  

If you have any technical problems accessing the Website or material on the Website, please contact us for assistance at [email protected]

 

 

  • Cancellation by a Member

 

You can cancel your membership at any time. Cancellation will become effective at the end of the period you have paid for (for example, if you have paid for the month of July in advance and cancel halfway through July, you’ll have access until the end of July).

 

 

  • Refunds

 

Refunds are not available other than in accordance with your entitlements under the Australian Consumer Law (ACL).

 

 

  • Intellectual Property

 

All content within the Website is subject to copyright and is protected under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Website content (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us. 

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.

As a purchaser of our membership, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the Website content and all associated intellectual property in accordance with these terms, copy and store the in your device's cache memory and to print pages from the Website for your own personal and non-commercial use. We don’t grant you any other rights whatsoever in relation to the Website. Specifically, you are prohibited from re-using the content contained within the Website for commercial use. Please note that the licence in relation to the use of the Website is revoked immediately on cancellation of your membership becoming effective. You will no longer be authorised to access or use the content in any way after cancellation.

 

 

  • Using our Website 

 

You must not post any comment or content to the Website that is defamatory, offensive or otherwise inappropriate, or which might bring us or our Website into disrepute. You must not use the Website to harass, threaten or menace any person or send unsolicited messages.

You must not do anything that is unlawful, commit any breach of another person’s privacy or any other legal rights or interfere with any user using our Website, nor may you tamper with our Website (such as by transmitting viruses or other programs that may damage or interfere with our Website). 

You warrant that all information that you submit to us via the Website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

 

 

  • Events beyond control

 

The Neurodivergent Co. will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. 

We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution. 

 

 

  • Disclaimer and Limitation of Liability 

 

We may provide access to resources on our Website, such as videos, blogs, webinars, and other content. Unless otherwise indicated on our Website, these resources reflect the lived experiences of our contributors. The information we provide is general in nature and is not intended to constitute or substitute for professional or medical advice.

To the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions. 

Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or this Agreement (including as a result of not being able to use or access the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

We make the Website available to you "as is" and "as available" and you use it at your own risk. 

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the services or the cost of having the services replaced, or such other remedy that we see fit.

If for any reason you are not a consumer for the purposes of the ACL, we exclude all liability to you, however arising, including by negligence. 

 

 

  • Changes to these Terms 

 

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted. 

 

 

  •  Severance

 

If any part of these conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

 

 

  • Termination by The Neurodivergent Co. 

 

We may terminate this Agreement on notice to you. If we do so, termination will become effective at the end of your pre-paid period. 

However, we can terminate this Agreement immediately on notice to you if you commit a fundamental breach of this Agreement. 

We may also elect to suspend your access to the Website for up to 30-days in the event of a breach of this Agreement. 

 

 

  •  Term

 

This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.

 

 

  • Jurisdiction

 

As we are based in Victoria, Australia, these terms will be governed by the laws of Victoria. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria and courts of appeal from them.

 

This document was last updated: 16th November 2020



 

Contact Us

If you have any questions, concerns or complaints about our Terms of Service, please contact us: