Terms of Service

These Terms of Service (Terms) apply to your use of joyours.com.au and joyour.com.au (together, our Website) and to products and services supplied by JOY OURS ELDERCARE ADVISORS PTY LTD (ABN 86 689 308 192), trading as Joy Ours (Joy Ours, we, us or our).

Please read these Terms before using our Website, requesting or accepting a quotation, or purchasing products or services from us. By using our Website, placing an order, accepting a quotation or otherwise purchasing products or services from us, you agree to these Terms.

Our Returns & Refund Policy and Shipping & Delivery Policy, together with any specific terms stated in an applicable quotation or order confirmation, form part of these Terms where relevant. Our Privacy Policy explains how we handle personal information.

Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law (ACL).

1. Online Store, Accounts and Website Use

You must be at least 18 years old to place an order or enter into a purchase agreement with us.

You may be able to use our Website and purchase products without creating an account. If you create an account, you are responsible for providing accurate and current information and for keeping your account details and login credentials secure.

You may use our Website only for lawful purposes. You must not use the Website in a way that:

• breaches any applicable law or infringes the rights of another person;
• introduces viruses, malicious code or other harmful technology;
• interferes with the operation or security of the Website;
• attempts to gain unauthorised access to the Website, another account or related systems; or
• copies, scrapes, extracts or commercially exploits Website content without our permission.

We may restrict or suspend access to the Website or an account where reasonably necessary to protect the Website, our customers or our business, or where these Terms have been materially breached.

2. Products, Information and Suitability

We take reasonable care to ensure that product descriptions, specifications, images and other information on our Website are accurate.

Product colours, appearance, packaging or other non-material details may vary from images or descriptions, including where manufacturers make product updates. Product availability, specifications and ranges may also change from time to time.

Information provided on our Website, in product materials or by Joy Ours is intended to assist you in understanding and comparing products. Where we discuss product features or options with you, we may rely on information provided by you, your representative or an allied health professional.

Product information and assistance provided by Joy Ours do not constitute a medical, clinical or occupational therapy assessment. Where suitability is uncertain, or a product is intended to address a particular clinical or functional need, we recommend obtaining advice from an appropriately qualified occupational therapist or other health professional before purchase.

Nothing in this section limits any rights you may have under the ACL, including where you have made a particular purpose known to us and relied on our skill or judgment.

3. Customer Portal and AI Features

Our Website includes a free customer portal, where account holders can search our products, use AI product matching, send price requests, view quotations and confirmed prices, accept quotations, track orders and lodge feedback or complaints. Our Website also includes an AI chat assistant. These AI features use AI services provided by third-party providers, such as OpenAI.

Portal accounts

If you create a portal account, you must keep your login credentials secure. Please contact us promptly if you believe your account has been accessed without your authority.

Prices shown in the portal

The only prices shown in the portal are prices confirmed by Joy Ours staff on a quotation. Those prices are subject to the terms and validity period of the relevant quotation and to section 4 of these Terms. Sending a price request does not require you to proceed with an order.

If you accept a quotation in the portal, a binding order is formed when we confirm that we will proceed with the supply, as set out in section 4.

AI product matching and chat answers

Product suggestions from AI product matching and answers from our AI chat assistant are generated automatically and are general information only. They may be incomplete, out of date or wrong. They are not medical or clinical advice, an occupational therapy assessment, advice about NDIS eligibility or funding, or financial advice.

Before ordering, please confirm that a product is suitable with your occupational therapist, clinician or plan manager (as relevant), and confirm the product and its details with our staff. Section 2 of these Terms also applies to information provided through these features.

Nothing in this section limits any rights you may have under the ACL.

Misuse

We may suspend a portal account, or restrict access to the portal or the AI features, if the portal or those features are misused, including in any of the ways described in section 1.

How we handle personal information provided through the portal and the AI features is explained in our Privacy Policy.

4. Quotes, Orders, Prices and Payment

A quotation is valid for the period stated in the quotation. Unless otherwise stated, requesting a quotation does not require you to proceed with an order.

A quotation does not itself constitute an order or acceptance of an order by Joy Ours unless the quotation expressly states otherwise.

For orders placed directly through our Website, a binding order is formed when you complete checkout and your order is confirmed.

Where you accept a quotation or otherwise ask us to supply products or services outside the Website checkout, a binding order is formed when we confirm that we will proceed with the supply.

You are responsible for checking the product, quantity, delivery information and other order details before confirming your order. Please contact us promptly if you identify an error.

All prices are stated in Australian dollars (AUD). GST will be included or separately identified where applicable. Delivery, installation or other service charges may apply and will be shown or advised where applicable.

Payment must be made in accordance with the Website checkout, quotation, invoice or other payment terms agreed with us.

If payment has been taken for a proposed order that we do not accept, we will refund the amount paid for the declined order.

Where an order is paid through an NDIS, aged care, Support at Home, plan manager, provider or other third-party funding arrangement, the order may be subject to the approval and administrative requirements of that funding arrangement. Joy Ours does not guarantee that a particular product or service will be approved for funding.

We may require confirmation of applicable funding approval or payment arrangements before accepting or proceeding with a funded order.

5. Cancellations, Special Orders and Subscriptions

If you wish to cancel or change an order, please contact us as soon as possible. We will try to accommodate cancellation or amendment requests where reasonably practicable, but cancellation may not be possible once an order has been processed or dispatched.

A Special Order is a standard product sourced specifically for a customer that Joy Ours does not ordinarily hold as regular stock. Special Orders may not be able to be cancelled once sourcing or processing has commenced. Any specific cancellation conditions applying to a Special Order will be disclosed where applicable before the order is confirmed.

Certain products may be available by subscription. Before you subscribe, the applicable price, delivery frequency and recurring payment arrangement will be displayed or advised to you.

By starting a recurring subscription, you authorise us or our payment provider to charge the applicable subscription amount at the agreed frequency until the subscription is cancelled.

You may cancel or change your subscription for future recurring orders at any time through the subscription management options provided to you or by contacting us. Cancellation will not ordinarily affect a subscription order that has already been processed or dispatched. Further information about changing or cancelling a subscription is available in our Cancellation Policy.

Returns and refunds for products supplied under a subscription remain subject to our Returns & Refund Policy and your rights under the ACL.

6. Shipping, Delivery, Installation and Trials

Orders are processed and delivered in accordance with our Shipping & Delivery Policy. Delivery timeframes are estimates and may vary depending on the delivery location, carrier and circumstances outside our reasonable control.

You are responsible for providing accurate delivery and contact information and for advising us of any access requirements that may reasonably affect delivery or installation.

Where delivery includes assembly, installation, setup, a product trial, home modification or another service, the scope of that service will be as stated in the applicable quotation, booking or other arrangement with us.

You must provide reasonable and safe access to the premises for any agreed delivery, installation or service.

Where a product trial is arranged, any specific trial conditions or arrangements will be advised to you before or at the time the trial is confirmed.

Risk in a product passes to you when the product is delivered in accordance with the agreed delivery arrangements to the agreed delivery address, or collected by you or your authorised representative.

7. Returns, Refunds, Warranties and Consumer Rights

Change-of-mind returns, including applicable eligibility requirements, exclusions and restocking fees, are governed by our Returns & Refund Policy.

Products may also be supplied with a manufacturer or supplier warranty. Any such warranty is additional to, and does not replace or limit, rights available under the Australian Consumer Law.

Our goods and services come with consumer guarantees where the ACL applies. Nothing in these Terms, our Returns & Refund Policy, a manufacturer warranty or any other policy excludes or restricts those rights.

If you believe a product is faulty, damaged, incorrect or otherwise does not meet an applicable consumer guarantee, please contact us so that we can assess the issue and provide an appropriate remedy where required by law.

8. Third-Party Services and Links

Our joyour.com.au online store is hosted by Shopify, which provides the ecommerce platform used to operate that store. joyours.com.au, including our customer portal, runs on our own business systems hosted by our service providers. Products and services purchased from Joy Ours are supplied by Joy Ours, not Shopify.

Some Website functions, payment methods, delivery services or other features may be provided by third-party service providers. Your use of a third-party service may also be subject to that provider’s applicable terms.

Our Website may contain links to third-party websites. These links are provided for convenience or information and do not necessarily mean that we endorse or control the third-party website or its content.

We are not responsible for the operation or content of third-party websites that are outside our control.

Our handling of personal information, including information processed through Shopify and relevant service providers, is explained in our Privacy Policy.

9. Intellectual Property

Unless otherwise stated, the content of our Website, including our name, branding, logos, text, graphics, photographs, videos, page design and other original content, is owned by or licensed to Joy Ours and is protected by applicable intellectual property laws.

You may use the Website and its content for ordinary personal or business purchasing and enquiry purposes.

You must not reproduce, publish, distribute, modify, commercially exploit or otherwise use our Website content without our permission, except where permitted by law.

Third-party product names, trademarks, images and other materials remain the property of their respective owners.

10. Errors, Availability and Liability

Despite reasonable efforts to maintain accurate Website information, errors or omissions may occasionally occur in relation to product descriptions, specifications, prices, availability, promotions, delivery information or other content.

We may correct genuine errors or update Website information when identified. If an error materially affects an order you have placed, we will contact you and, where appropriate, give you the option to proceed on the corrected basis or cancel the affected order. If the affected order is cancelled, amounts already paid for the cancelled products or services will be refunded.

If we are unable to supply a product or service after an order has been confirmed, we will contact you as soon as reasonably practicable to discuss the available options. Depending on the circumstances, this may include an alternative product or service, a revised timeframe, or a refund for the affected product or service.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law, or any other liability that cannot lawfully be excluded or limited.

To the extent permitted by law, Joy Ours’ liability will be reduced to the extent that any loss or damage was caused or contributed to by your acts or omissions, including misuse, unauthorised modification, failure to follow applicable instructions, or inaccurate or incomplete information provided to us where that information was relevant to the product or service supplied.

Subject to the above and to the maximum extent permitted by law, Joy Ours will not be liable for any indirect or consequential loss of a commercial or economic nature, including loss of profit, revenue, business opportunity, goodwill or business interruption.

Subject to the above and to the maximum extent permitted by law, where an amount is payable for the relevant product or service, Joy Ours’ aggregate liability for claims arising from or in connection with that product or service will not exceed the amount paid or payable to Joy Ours for the relevant product or service.

11. General Terms and Contact

We may update these Terms from time to time by publishing revised Terms on our Website.

Changes apply to future use of the Website and to orders or subscriptions entered into after the effective date of the updated Terms. They do not retrospectively vary an order or subscription already accepted unless the variation is agreed with you or otherwise permitted by law.

If a specific term in a quotation or order confirmation that has been expressly agreed with you conflicts with these Terms, the specific agreed term will apply to the extent of that conflict, subject to applicable law.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the courts and tribunals having jurisdiction in Victoria, subject to any rights you may have to bring a claim in another jurisdiction under applicable law.

For questions about these Terms, please contact:

JOY OURS ELDERCARE ADVISORS PTY LTD
ABN 86 689 308 192
Trading as Joy Ours

Email: info@joyours.com.au

Contact form: joyours.com.au/contact

Melbourne Showroom:
67 Hamilton Pl
Mount Waverley VIC 3149
Australia

Adelaide Showroom:
33 Raglan Ave
Edwardstown SA 5039
Australia