Terms of service

WEBSITE TERMS AND CONDITIONS

1. About the Website

1.1.

Welcome to www.therawrap.com.au(the 'Website'). The Website provides you with an

opportunity to browse and purchase various products that have been listed for sale through

the Website (the 'Products' or ‘Product’). The Website provides this service by way of

granting you access to the content on the Website (the 'Purchase Services').

1.2.

The Website is operated Therawrap Pty Ltd (ACN: 658 636 705) of 15 Christine Avenue,

Miami, Queensland, 4220 (‘Therawrap’). Access to and use of the Website, or any of its

associated Products is provided by Therawrap. Please read these terms and conditions (the

'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you

have read, understood and agree to be bound by the Terms. If you do not agree with the

Terms, you must cease usage of the Website, or any of Services, immediately.

1.3.

Therawrap reserves the right to review and change any of the Terms by updating this page

at its sole discretion. When Therawrap updatesthe Terms, it will use reasonable endeavours

to provide you with notice of updates to the Terms. Any changes to the Terms take

immediate effect from the date of their publication.

2. Acceptance of the Terms

By proceeding to use or browse the Website, you warrant and acknowledge that you are over 18

years. You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you may be required to provide personal details,

and you may be required to register as a user of the Website. As part of the registration

process, or as part of your continued use of the Purchase Services, you may be required to

provide personal information about yourself (such as identification or contact details),

including (but not limited to):

(a) Name

(b) E-mail address

(d) Mailing address

(e) Telephone number

(f) Password (where applicable).

3.2. You warrant that any information you give to Therawrap in the course of completing the

purchase and/or registration process will always be accurate, correct and up to date.

3.3. If applicable, once you have completed the registration process, you will be a registered

member of the Website ('Member') and agree to be bound by the Terms.

3.4. As a Member you will be granted immediate access to the Purchase Services and the

member portal (‘Member Portal’) where you will be able to see the details of your

transactions and orders.

3.5. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Therawrap; or

(b) you are a person barred from receiving the Purchase Services under the laws of

Australia or other countries including the country in which you are resident or from

which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

4.2. You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the

relevant jurisdictions;

and/or email address. Use of your password by any other person may result in the

immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third parties, is strictly

prohibited. You agree to immediately notify Therawrap of any unauthorised use of

your password or email address or any breach of security of which you have become

aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use

of the Website by you for the purposes of Therawrap providing the Purchase Services;

(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or other

means for the purpose of sending unsolicited email or unauthorised framing of or

linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of

solicitation may be removed from the Website without notice and may result in

termination of the Purchase Services. Appropriate legal action will be taken by

Therawrap for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Purchase

Services is prohibited.

5. Purchase of Products

5.1. In using the Purchase Services to purchase the Product through the Website you will agree

to the payment of the purchase price listed on the Website for the Product (the 'Purchase

Price').

5.2. Payment of the Purchase Price may be made through the payment options provided through

the available payment provider or providers (the 'Payment Gateway Providers').

5.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and

agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other

relevant legal documentation provided by the Payment Gateway Providers.

5.4. Following payment of the Purchase Price being confirmed by Therawrap, you will be issued

with a receipt to confirm that the payment has been received and Therawrap may record

your purchase details for future use.

5.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST

exclusive, being goods and services tax as defined in A New Tax System (Goods and Services

Tax) Act 1999, exclusive amounts.

5.6. Therawrap reserves the right to accept or reject your order for any reason, including if the

requested Product is not available.

6. Use of Products

6.1. By purchasing a Product from Therawrap, you agree to carefully read and follow the

instructions of use included with each product.

6.2. If you gift a Product, you will ensure that the recipient of the gift receives the instructions

for use included with each Product.

6.3. By purchasing a Product from Therawrap, you acknowledge that overhearing of a product

can cause damage, may cause burning and may ignite. You understand and acknowledge

that it is important to read and follow the instructions for use provided with each Product.

7. Shipping and Product Delivery

7.1. All shipping and delivery dates are estimates, and any delivery date provided to you by

Therawrap is not guaranteed. In addition, weather delays and other unforeseen

circumstances may impact delivery time. Therawrap will strive to meet the requirements of

your anticipated delivery date. However, Therawrap will not be liable for any losses you

suffer due to a delay.

7.2. You acknowledge that the Purchase Services offered by Therawrap integrate delivery (the

'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service

Providers').

7.3. In providing the Purchase Services, Therawrap may provide you with a variety of delivery

options offered as part of the Delivery Services by the Delivery Service Providers. You

acknowledge and agree that Therawrap is not the provider of these delivery options and

merely facilitates your interaction with the Delivery Service Providers in respect to providing

the Delivery Services.

7.4. Therawrap currently ships domestically across Australia and to limited locations

internationally, by the relevant Delivery Service Providers. If permitted by the Delivery

Service Providers, Therawrap can ship to both commercial and domestic addresses and you

can have your order shipped to a P.O box.

7.5. If an item is lost or damaged in the course of the Delivery Services, Therawrap asks that you:

(a) Contact the Delivery Service Provider directly to request a refund; and

(b) Contact Therawrap by sending an email to support@therawrap.com.au outlining in

what way the Products were damaged in transitso it is able to determine if the Delivery

Service Provider should be removed from the Purchase Services.

8. Returns and Refund Policy

8.1. Therawrap wants you to be satisfied with your Product. If you have any issues

with Therawrap Products, please e-mail support@therawrap.com.au.

8.2. Please note that most people feel an immediate response to the Products, others will take

time to get used to the effects. Therawrap suggests persisting and having faith in the therapy

process!

8.3. Therawrap is confident that you will love the Products. However, if you do not find the

Products suitable, Therawrap offers a 30-day returns policy. If you wish to return the

Product/s you must contact Therawrap’s support team by email at

support@therawrap.com.au within 30 days from the date of purchase, and prior to

returning your Product. The Product being returned must be in the original packaging and

in a saleable condition.

8.4. If your Product is returned to Therawrap without the original packaging or is deemed unfit

by Therawrap’s inspection team for any reason, Therawrap reserves the right to deny your

refund request, and this decision will be made at the discretion of Therawrap.

8.5. Please include your order name and order number in all correspondence to Thrawrap.

8.6. Upon receipt of the Product from you, Therawrap will notify you once the Product has

been inspected and will advise you if the refund request has been approved. If the refund

request is approved, you will be refunded for the Purchase Price via the original payment

method. Please be mindful that it can take some time for your bank or credit card

company to process the refund.

8.7. If you make a refund request and arrange to return the Product to Therawrap, you will be

responsible for all return shipping and delivery fees.

8.8. Therawrap does not accept returns outside of the 30 day period outlined above.

8.9. Therawrap will not accept returns or refund requests for Products that are damaged from

misuse.

8.10. If you have received the incorrect Product, Therawrap will provide a refund on the return

of the Product. To request a refund and organise a return for this reason please email support@therawrap.com.au and provide your proof of purchase and photographs of

the Product you have received within 5 business days of receipt. The returned Product must

be returned to therawrap unopened, and its original saleable condition.

8.11. Therawrap does not provide refunds for personal use garments such as warming booties,

for any reason.

8.12. Refunds will not be given for late delivery outside the stipulated delivery time frames

provided on the Website or by the Delivery Service Providers.

8.13. In the following situations, no refund or return will be available:

(a) Denied acceptance of delivery by receiver;

(b) Inaccurate delivery address;

the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery

Service Provider to arrange appropriate delivery. If the parcel remains undeliverable

due to no contact from the receiver, it will be returned to Therawrap for a return fee

charged to the initial payment method.

9. Cancellation of Orders

9.1. Once payment for an order has been accepted, no cancellations are permitted.

9.2. Where a Product has been listed at an incorrect price or has incorrect written information

or images, Therawrap reserves the right to cancel a transaction. The purchase amount will

be refunded via the payment method used for the initial purchase.

10. Warranty

10.1. Therawrap’s Products come with guarantees that cannot be excluded under the Australian

Consumer Law. You are entitled to a replacement or refund for a major failure of the Product

and compensation for any other reasonably foreseeable loss or damage. You are also

entitled to have the Products repaired or replaced if the Products fail to be of acceptable

quality and the failure does not amount to a major failure (the 'Warranty'). A major failure

with a product under Australian Consumer Law includes but is not limited to, where the

product is significantly different from the description shown to you, or the goods are unsafe

or unfit for their normal purpose.

10.2. If you have received a Product that you believe is faulty or defective, please contact

support@therawrap.com.au with photographic proof.

11. Information and Product Disclaimer

11.1. Any information provided to you by Therawrap regarding the use of any Product is general

in nature only. It is your sole responsibility to determine the appropriateness of the Products

for any particular use or purpose.

11.2. Therawrap makes no representation, warranty, expressed or implied as to the product's

effect, benefit, or use and takes no responsibility for any results obtained when using the

Products.

11.3. Therawrap will not be liable for any damage, loss or any result based on your use of

Therawrap Products.

12. Copyright and Intellectual Property

12.1. The Website, the Purchase Services and all of the related products of Therawrap are subject

to copyright. The material on the Website is protected by copyright under the laws of

Australia and through international treaties. Unless otherwise indicated, all rights (including

button icons, video images, audio clips and software) (the 'Content') are owned or

controlled for these purposes, and are reserved by Therawrap or its contributors.

12.2. Therawrap retains all rights, title and interest in and to the Website and all related content.

Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent,

registered design or copyright of Therawrap; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark

or industrial design; or

an adaptation or modification of such a system or process).

12.3. You may not, without the prior written permission of Therawrap and the permission of any

other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,

distribute, show or play in public, adapt or change in any way the Content or third party

content for any purpose. This prohibition does not extend to materials on the Website,

which are freely available for re-use or are in the public domain.

13. Privacy

Therawrap takes your privacy seriously and any information provided through your use of the

Application and/or the Purchase Services are subject to Therawrap’s Privacy Policy found on the

Website.

14. User Generated Content

14.1. If you choose to contribute any content to the Website or any other platform operated by

Therawrap, you are solely responsible for it. This includes comments, reviews, tweets,

posts, photos, pictures, images, videos, materials or other user-generated content or

information (‘Your Content’).

14.2. By contributing content to the Website, you grant Therawrap a royalty-free, non-exclusive

license to use Your Content in any way that it chooses. This may include the use of your

photos or video on other parts of the Website, advertising, promotions or social media

accounts held by Therawrap.

14.3. Additionally, if you post your User Content with any personal information including

identifying information such as location or name, you agree Therawrap can use that

information with your User Content for advertising and promotional purposes, or any other

business purpose.

14.4. You confirm you own or have the right to use any copyright material included in Your

Content (including replies to Therawrap social media posts, reviews, music, photos, quotes

and excerpts of audio or video), that you have permission of anyone appearing or

performing in Your Content and that you are not infringing any third-party rights by

submitting the content to Therawrap. You also confirm you have, where appropriate,

sought the consent of the parent or guardian of any person under the age of 18 who is

featured in Your Content.

14.5. Please ensure you keep your own copies of Your Content as Therawrap may not archive,

store or back-up Your Content nor continue to make Your Content accessible online.

14.6. Therawrap will endeavour to provide you with an appropriate credit when using Your

Content on Therawrap platforms, though you understand and agree this may not always be

possible.

14.7. Therawrap reserves the right to remove Your Content at any time. Your Content must not

be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or

racially, sexually, religiously or otherwise objectionable and offensive.

15. Mailing List

15.1. You will either be registered for or given the option to register for the Therawrap Mailing

List (the 'Mailing List').

15.2. As part of the registration process, you may be required to provide personal information

about yourself (such as identification or contact details), including:

(a) Email address

(b) Name

15.3. By subscribing to or purchasing a Product from Therawrap, you agree to receive

promotional material, updates and other content from Therawrap. You may unsubscribe

from the Mailing List at any time.

16. Force Majeure

16.1. If circumstances beyond Therawrap’s control prevent or hinder its provision of the Products,

Therawrap is free from any obligation to provide the Products or fulfil your order while those

circumstances continue. Therawrap may elect to terminate this agreement or keep the

agreement on foot until such circumstances have ceased.

16.2. Circumstances beyond Therawrap’s control include, but are not limited to, unavailability of

materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts

of God, a pandemic, Government decrees, proclamations or orders, transport difficulties

and failures or malfunctions of computers or other information technology systems.

17. General Disclaimer

17.1. You acknowledge that Therawrap does not make any terms, guarantees, warranties,

representations or conditions whatsoever regarding the Products other than those provided

for pursuant to these Terms.

17.2. Therawrap will make every effort to ensure a Product is accurately depicted on the Website,

however, you acknowledge that sizes, colours and design may differ from what is displayed

on the Website.

17.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or

conditions implied or imposed by law, including the Australian Consumer Law (or any liability

under them) which by law may not be limited or excluded.

17.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not

expressly stated in these Terms are excluded; and

(b) Therawrap 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), injury, loss of profit or opportunity, or

damage to goodwill arising out of or in connection with the Purchase Services,

Products or these Terms (including as a result of not being able to use the Purchase

Services or the late supply of the Purchase Services), whether at common law, under

contract, tort (including negligence), in equity, pursuant to statute or otherwise.

17.5. Use of the Website, the Purchase Services, and any of the Products is at your own risk.

Everything on the Website, the Purchase Services, and the Products are provided to you on

an "as is" and "as available" basis, without warranty or condition of any kind. None of the

affiliates, directors, officers, employees, agents, contributors, third party content providers

or licensors of Therawrap make any express or implied representation or warranty about its

Content or any products or Purchase Services (including the products or Purchase Services

of Therawrap) referred to on the Website. This includes (but is not restricted to) loss or

damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to

correct defects, delay in operation or transmission, computer virus or other harmful

component, loss of data, communication line failure, unlawful third party conduct, or

theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase

Service, or any of its Content related products (including third party material and

advertisements on the Website);

Products;

(d) the Content or operation in respect to links which are provided for the User's

convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted

on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or

publication of any materials relating to or constituting such conduct.

18. Limitation of Liability

18.1. Therawrap's total liability arising out of or in connection with the Purchase Services,

Products or these Terms, however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase

Price paid by you under these Terms or where you have not paid the Purchase Price, then

the total liability of Therawrap is the resupply of the information or Purchase Services to

you.

18.2. You expressly understand and agree that Therawrap, its affiliates, employees, agents,

contributors, third-party content providers and licensors shall not be liable to you for any

direct, indirect, incidental, special consequential or exemplary damages which you may

incur, however caused and under any theory of liability. This shall include, but is not limited

to, any injury, loss of profit (whether incurred directly or indirectly), any loss of goodwill or

business reputation and any other intangible loss.

18.3. Therawrap is not responsible or liable in any manner for any site content (including the

Content and Third Party Content) posted on the Website or in connection with the Purchase

Services, whether posted or caused by users of the website of Therawrap, by third parties

or by any of the Purchase Services offered by Therawrap.

19. Termination of Contract

19.1. The Terms will continue to apply until terminated by either you or by Therawrap as set out

below.

19.2. If you want to terminate the Terms, you may do so by:

(a) notifying Therawrap at any time; and

(b) closing any membership which you use, where Therawrap has made this option

available to you.

19.3. Your notice should be sent in writing to Therawrap via e-mail to

support@therawrap.com.au.

19.4. Therawrap may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Therawrap is required to do so by law;

its relationship with Therawrap or ceased to offer the Purchase Services to you;

(d) Therawrap is transitioning to no longer providing the Purchase Services to Users in the

country in which you are resident or from which you use the service; or

(e) the provision of the Purchase Services to you by Therawrap is, in the opinion of

Therawrap, no longer commercially viable.

19.5. Subject to local applicable laws, Therawrap reserves the right to discontinue or cancel your

membership to the Website at any time and may suspend or deny, in its sole discretion, your

access to all or any portion of the Website or the Purchase Services without notice if you

breach any provision of the Terms or any applicable law or if your conduct impacts

Therawrap’ name or reputation or violates the rights of those of another party.

19.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you

and Therawrap have benefited from, been subject to (or which have accrued over time

whilst the Terms have been in force) or which are expressed to continue indefinitely, shall

be unaffected by this cessation, and the provisions of this clause shall continue to apply to

such rights, obligations and liabilities indefinitely.

20. Indemnity

20.1. You agree to indemnify Therawrap, its affiliates, employees, agents, contributors, third party

content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage

(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in

connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the

Website or attempts to do so and any breach by you or your agents of these Terms;

and/or

21. Dispute Resolution

21.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have

been complied with (except where urgent interlocutory relief is sought).

21.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give

written notice to the other party detailing the nature of the dispute, the desired outcome

and the action required to settle the Dispute.

21.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties')

must:

(d) Within 7 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

(e) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not

been resolved, the Parties must either agree upon selection of a mediator or request

that an appropriate mediator be appointed by the President of the Queensland Law

Society or his or her nominee;

(f) The Parties are equally liable for the fees and reasonable expenses of a mediator and

the cost of the venue of the mediation and without limiting the foregoing undertake

to pay any amounts requested by the mediator as a pre-condition to the mediation

commencing. The Parties must each pay their own costs associated with the

mediation;

(g) The mediation will be held at a location to be agreed between the parties.

21.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

evidence.

22. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive

venue for resolving any dispute shall be in the courts of Queensland, Australia.

23. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding

or claim of whatever nature arising out of or in any way relating to the Terms and the rights created

hereby shall be governed, interpreted and construed by, under and pursuant to the laws of

Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory

rules. The validity of this governing law clause is not contested. The Terms shall be binding to the

benefit of the parties hereto and their successors and assigns.

24. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both

parties having taken the opportunity to obtain independent legal advice and declare the Terms are

not against public policy on the grounds of inequality or bargaining power or general grounds of

restraint of trade.

25. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction,

that part shall be severed and the rest of the Terms shall remain in force.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/therablankets/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/therablankets/privacy_policy).