Digitox is owned and operated by Entrainment Pty Ltd (“Digitox, we, us or our").

Disclaimer

Our aim is to provide a source of education for parents interested in learning more about the impacts of digital screen time on children and the latest strategies for managing their use of the same. Our services are not intended to diagnose, treat, cure or prevent any disease or medical condition. The information and resources made available through Digitox are provided for general information purposes only and are not intended to replace medical advice. We strongly recommend that you seek the advice of a licensed medical practitioner when starting any new treatments, when deciding whether to continue medical or other treatments, or to ask any questions you may have regarding your medical or other conditions as it relates to the services and information made available through Digitox.

The materials made available through our platforms or services are procured from sources that we believe to be accurate and up to date as at the date of publication, however we do not make any representations or warranties that the information provided is reliable, current or complete at all times. We neither warrant nor represent that any of the methods made available through our platforms or services are appropriate or effective for each individual. To the extent that we provide any explicit or implied recommendations, such recommendations are only general and are not specific for individual cases. While we may report on or display the success of our existing or previous clients or customers.

You acknowledge that the prior success of others does not guarantee a successful outcome for you. If you choose to utilise the information made available through our platforms or services, you must do so on the basis that you have had a reasonable opportunity to have conducted your own due diligence before doing so, and you agree that we are not liable for any success or failure that is directly or indirectly related to the information made available through our platforms or services.

Registration

 In order to register for our services, you will be required to complete our online application form, which may be accessed HERE. The information provided in this application will assist us in determining how curate our services to your needs. All of the information disclosed in our application is strictly confidential and is handled in accordance with our Privacy Policy and Digitox Data Collection Policy. Please note, that we reserve the right to refuse to provide you with one or more of our services at our absolute discretion.  

Bookings 

If you are booking a consultation with our team, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a dependent (e.g. a child). By making a booking you represent and warrant that you are at least 18 years old. If you are making a booking on behalf of a dependent, you warrant and represent to us that you are their parent or legal guardian. If a third party is making the bookings on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.   

You acknowledge and agree that all information provided to us through at the time of booking will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number. You further acknowledge and agree that we will collect your personal information for the purpose of the booking service and any additional services you may request in accordance with our Privacy Policy. You acknowledge that if we cannot collect this information as requested, we will not be able to process your booking and may not be able to provide you with some or all of our services. For more information, please refer to our Privacy Policy.  

While we will make every effort to avoid clashes and/or cancellation of appointments, we may cancel or reschedule your appointment at any time and for any reason prior to the scheduled time. Please note, that we do not offer refunds for change of mind or missed consultations. If you decide to withdraw from an appointment for any reason, or you cancel the appointment within twenty-four (24) hours of the scheduled appointment, we reserve the right to charge you for our professional fees or count the session as fulfilled.  

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. We may offer refunds or compensation, where options to resupply or re-schedule the services have been exhausted or in circumstances where there has been a major failure, where applicable, where the services fail to be of acceptable quality, and in exceptional cases, such as injury, illness, death or force majeure. In any event, any request for a refunds must be in writing, will be assessed on a case-by-case basis and we reserve the right to grant or refuse refunds.  

During our consultations, you may elect to share information regarding your health, medical conditions or personal matters. Digitox warrants and represents that all information provided in this context will be treated as confidential information. In circumstances where you are part of group discussions or information sharing, participants of the discussion will be also be obliged to respect the confidentiality of other participants, however, we cannot assume responsibility or protect confidential information shared in this capacity. We therefore request that participants be mindful of the information they elect to share, respectful of the other participants and of the requirements of participating in closed-group discussions with regards to confidential information. You acknowledge and agree that Digitox is not responsible for any breach of confidentiality that may arise as a result of unauthorised disclosure from such third parties.   

When making a purchase for our services, you acknowledge you have read and agree to be bound by these Terms and Conditions, our Digital Collection Policy and our Privacy Policy whether for yourself or on behalf of a dependent.   

By making a purchase you represent and warrant that you are at least 18 years old. If you are making a purchase on behalf of a dependent, you warrant you are their parent or legal guardian. If a third party is making the purchase on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions, our Digital Collection Policy and our Privacy Policy. Prices for our services are quoted Australian Dollars and are in fixed once your order has been confirmed. Any change in our prices will not be retroactively applied to confirmed orders.   

You agree to pay the total amount listed for each service as set forth in our invoice or digital platforms (including any merchant fees).Any payments that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Payments for all services purchased will be inclusive of any relevant GST. Upon receipt of payment, you will be issued an invoice in accordance with applicable legislative requirements.  

We accept credit card payments for the Services via the payment facilitator. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. Digitox reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity. By purchasing via digitox.com.au you are accepting their Terms of Use. For more information, please visit the  website.   

You acknowledge and agree that all rights, titles, and interests, including, without limitation, intellectual property rights in the proceeds of the services and the materials made available to you through Digitox belongs exclusively to Digitox and that no right, title, or interest is transferred to you or any third party as a result of these Terms and Conditions or throughout the provision of our services to you. Digitox prohibits the use of its intellectual property in the proceeds of its services any manner other than expressly indicated. You agree to use the services responsibly and to comply with any applicable laws and regulations. You further acknowledge and agree that you may not use any intellectual property in the proceeds of our services, or any part thereof, for any commercial purpose or for the benefit of any third party (outside these Terms and Conditions), including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our services, or any other communications provided by us that is not permitted by the Terms and Conditions. 

Our digital platforms may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘User-Generated Content’), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others. You acknowledge and agree that you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with our services. 

You acknowledge and agree that we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content. You further acknowledge and agree that we may terminate our services with you in the event that such User-Generated Content gives rise to a breach of these Terms and Conditions. 

Our services are subject to ourPrivacy Policy and Data Collection Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy andData Collection Policyas updated from time to time in accordance with their terms. 

We may, at our sole discretion, suspend or terminate your access and/or future access to services, effective immediately, with no liability to you or any third party in the following instances: 

    •where you are in breach of our terms and conditions or policies; 

    •where you fail to pay any fees, payments or expenses payable to us for our services by their due date; 

    •where you are in breach of applicable law; 

    •where you have breached Digitox’s or another client’s confidentiality; 

    •where you have disparaged or defamed Digitox or another client; 

    •where at you have committed an act of wilful or serious misconduct; 

    •where there are unexpected technical issues or problems; 

    •at the request of law enforcement or government authority; or 

    •upon your request. 

Certain legislation, including the Australian Competition and Consumer Act 2010 (Cth), may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These terms must in all cases be read subject to these statutory provisions. If we are liable to you under the Australian Competition And Consumer Act 2010 (Cth) or similar legislation, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again. 

We do not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time we may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect our legitimate interests. You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian Consumer Law, there are certain consumer guarantees which cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title. 

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Under no circumstances shall we aggregate liability for all claims relating to the services exceed the greater of $100 AUD or the amount you paid us, if any, in the last 12 months. 

Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such countries, states or jurisdictions, our liability shall be limited to the extent such limitation is permitted by law. We shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release us from any and all liability to you for any loss or liability relating to such information in any way. We do not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services. We are not responsible for data charges you may incur for downloading or streaming over a data connection. 

By using our services, you agree, to the extent permitted by law, to indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your misuse of the services, or, to the extent permitted by law, any action taken by us as part of its investigation of a suspected breach of these terms and conditions or as a result of its finding or decision that a breach of these terms and conditions has occurred. To the extent permitted by law, you agree that you shall not sue or recover any damages from us, our directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected breach or as a result of our reasonable conclusion that a breach of these terms and conditions has occurred. This waiver and indemnity provision applies to all breaches described in or contemplated by these terms and conditions. 

The laws of New South Wales govern these terms and conditions, and any access to or use of our services. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to these terms and conditions