DIGITAL PRODUCT DISCLAIMER
Effective Date: 04/22/2026
Last Updated: 04/22/2026
This document governs your purchase and use of any digital product (Product) available through The OT Coach Australia, operated by Sensational Start Occupational Therapy Pty Ltd trading as The OT Coach Australia ABN 93 619 795 201, via our website www.theotcoach.au or any third party platform we use (Platform).
By purchasing, downloading or using a Product, you agree to these Terms in full.
1. Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt. This is not acceptance of your order. A contract is formed when we confirm that the Product has been dispatched or made available to you by email or digital download.
Each order creates a separate contract. Only products listed in the confirmation email are included in that contract.
2. Licence to Use
Upon purchase, we grant you a single-use, non-exclusive, royalty-free, revocable licence to use the Product for your personal or business purposes. This licence does not permit you to:
- Copy, reproduce, distribute or share the Product with any third party
- Use the Product for commercial gain or in any way that competes with our business
- Sell, transfer, lease, modify or publicly perform the Product
- Use the Product for group viewing or training without written consent
Where a Product is a template or checklist, you may modify the language or add your own details for your personal or business use. We cannot guarantee that modifications will maintain the integrity or intended outcome of the Product.
We do not require you to credit us when using a Product in your own practice.
3. Access & Delivery
Products will be delivered to you by email or digital download, including via third party platforms. Use of a third party platform means you are also subject to that platform's terms and conditions.
You must inspect the Product immediately upon receipt and notify us of any access issues. We reserve the right to deactivate download links after 24 hours of purchase. No claim will be recognised unless made in writing within 24 hours of receipt.
This clause does not limit any rights you may have under Australian Consumer Law.
4. Refund Policy
Due to the immediately accessible nature of digital products, we do not offer refunds for change of mind or incorrect purchase decisions.
We honour the Australian Consumer Law and will provide a refund or replacement where you are unable to access a Product and can demonstrate that access failure is on our end.
Any other refund request will be considered at our absolute discretion.
5. Intellectual Property
All rights, title and interest (including intellectual property rights) in our Products remain with The OT Coach Australia. Your purchase does not transfer any ownership of the Product or its content.
You must not copy, reproduce, distribute, sell, publish or share any Product with a third party, or use it in any way that competes with our business. Where unauthorised sharing or commercial use is identified, we reserve the right to claim compensation.
6. Payments
Payments are processed through our third party payment processor. Our fees are non-cancellable and non-refundable except as set out in Section 4. Where GST applies, it will be included in the price at checkout.
7. Disclaimer & No Guarantee
All Products are created with reasonable commercial care and are intended for a general audience. We do not guarantee that any Product will be suitable for your specific circumstances, produce particular results, or meet your individual needs. You acknowledge that results may vary and that you have not relied on any testimonials in making your purchase.
We do not take responsibility for the suitability of any Product for your intended purpose, and you agree to use Products on that basis.
8. Liability
To the maximum extent permitted by law, The OT Coach Australia is not liable for any indirect, direct, consequential or incidental loss arising from your use of or inability to use a Product, regardless of whether such loss was foreseeable.
Where consumer guarantees apply under the Australian Consumer Law, our liability is limited to either replacing the Product, supplying an equivalent Product, or refunding the amount you paid.
In all other cases, our total liability is capped at the amount you paid for the Product.
9. Indemnity
You agree to indemnify and hold harmless The OT Coach Australia, its directors, employees and contractors from any loss, liability, claim or expense (including legal costs) arising from your use of a Product, your breach of these Terms, or any applicable laws. This indemnity survives termination of these Terms.
10. Privacy
Your personal information is collected and handled in accordance with our Privacy Policy, available at www.theotcoach.au/privacy-policy.
11. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of NSW and any courts entitled to hear appeals from those courts.
12. Severability
If any provision of these Terms is found to be void, invalid or unenforceable, that provision is severed without affecting the validity or enforceability of the remaining provisions.
13. Modifications
We may update these Terms at any time by publishing the revised version on our website. Continued use of our Platform after any change constitutes acceptance of the updated Terms.
14. Contact
