Terms and Conditions
These Terms and Conditions of Use ("Terms") govern your use of our website located at www.etherapyaustralia.net ("Website") and form a binding contractual agreement between you, the user of the Website and us, E-Therapy Australia.
For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us by using the email address david@etherapyaustralia.net
By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
About the Website
Welcome to our Website. The Website provides psychology services through the medium of video-conferencing, telephone and in person therapy (the ‘Services’).
The Website is operated by E-Therapy Australia. Access to and use of the Website, or any of its associated Products or Services, is provided by E-Therapy Australia. Please read these Terms 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.
E-Therapy Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When E-Therapy Australia updates the 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. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by E-Therapy Australia in the user interface.
Registration to use the Services
In order to access the Services, you must first register for an account through the Website (the ‘Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) email address
(b) preferred username
(c) mailing address
(d) telephone number
(e) any other information requested by us.
You warrant that any information you provide us in the course of completing the registration process will always be accurate, correct and up to date.
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.
You may not use our Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with E-Therapy Australia; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferrable and allows for the sole use of the Website by you for the purposes of E-Therapy Australia providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of E-Therapy Australia;
(f) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of E-Therapy Australia;
(g) you will not use the 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;
(h) 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 Services. Appropriate legal action will be taken by E-Therapy Australia for any illegal or unauthorised use of the Website; and
(i) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Licence to use Website
Based upon your agreement in clause 4, we grant the following licence to you:
We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
You must not add any content to the Website:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Website, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
You acknowledge and agree that:
(a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
Payment
You may make payment for the Services (the ‘Services Fee’) by way of:
(a) Halaxy (‘Halaxy’).
All payments made in the course of your use of the Services are made using Halaxy. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Halaxy terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or declined, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
You agree and acknowledge that we can vary the Services Fee at any time.
Refund Policy
We will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Service or if the manager of E-Therapy Australia makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
Intellectual Property Rights
The Website, the Services and all of the related products of E-Therapy Australia 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 copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by us or our contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by E-Therapy Australia, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
We do not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressed reserved by E-Therapy Australia.
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a thing, system or process that is subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
You may not, without the prior written permission of E-Therapy Australia and the permission of any other relevant right owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
The licence in clause 8.6 will survive any termination of these Terms.
You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 8.5 and 8.6.
Privacy
We take your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy, which is available on the Website.
Warranties
You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause 5.3.
Our Right to Refuse to Provide Service
From time to time, we may assess and form our opinion on:
(a) our risk having you as our client; and/or
(b) as to whether e-therapy is suitable service for your needs.
Based upon our opinion formed from our assessment as provided in clause 11.1, we may discuss same with you and, at our absolute discretion, refuse to provide service to you.
In such event, you will be obliged to pay the remaining our fees in full.
General Disclaimer
Nothing in the 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.
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 the Terms are excluded; and
(b) 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), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of E-Therapy Australia make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of E-Therapy Australia) 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of our products; and
(d) the Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages, and any liability however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
To the full extent permitted by law, we exclude all representations, warranties or Terms (whether express or implied) other than those expressly set out in these Terms.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
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 having the goods repaired, and
(b) in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
You expressly understand and agree that E-Therapy Australia, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination
The Terms will continue to apply until terminated by either you or by us as set out below.
These Terms terminate automatically if, for any reason, we cease to operate the Website.
We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. These circumstances include, but are not limited to:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) we are required to do so by law; and
(c) the provision of the Services to you by us is, in the opinion of us, no longer commercially viable.
If you wish to terminate the Terms, you may do so by:
(a) providing E-Therapy Australia with 14 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where we have made this option available to you.
Your notice should be sent, in writing, to us via the ‘Contact Us’ link on our homepage.
Subject to local applicable laws, E-Therapy Australia reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts E-Therapy Australia's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify us, our 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 your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
Dispute Resolution
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).
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.
Resolution:
Upon receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) within 21 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;
(b) if for any reason whatsoever, 21 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 Australian Mediation Association or his or her nominee;
(c) 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 to 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;
(d) the mediation will be held in Perth, Western Australia.
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.
Termination of Mediation:
If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Forum
The Services are intended to be provided to the residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive forum for resolving any dispute shall be in the courts of Western Australia.
General
You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
This Agreement is governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.
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.
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.
