Terms of Service
1. The Terms and Conditions
- The following are the Terms of Service (the "Agreement") for the access and use by any person ("User", "Client" or "You") of the website www.onlinecounselling.com.au (or alternatively, onlinecounselling.com.au) or any subdomains of the aforementioned website, hereinafter called the ('Site').
- By accessing or using the Site, or by clicking a button or a box indicating that You have read and agree to these Terms of Service, You are entering into this Agreement. You should read this Agreement carefully before starting to use the Site. If You do not agree to be bound to any term of this Agreement, You must refrain from using the Site, You must stop making any use of the Site and You should not access the Site.
- When the terms "We", "Us", "Our" or similar are used in this Agreement, they refer to any company or person that owns and operates the Site, its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned owners.
2. The Counsellors and Counselling Services
- The Site enables You to book an online counselling appointment with a counsellor, consultant, practitioner, professional, expert, coach, advisor or any other person (collectively "Counsellor") for the purpose of receiving counselling, information, advice or any other input, benefit or service (collectively "Counselling Services").
- The Counsellors are neither Our employees nor agents nor representatives of OnlineCounselling.com.au. Furthermore, We assume no responsibility for any act, omission or doing of any Counsellor.
- We make no representation or warranty whatsoever as to the willingness or ability of a Counsellor to give advice.
- We make no representation or warranty whatsoever as to whether You will find the Counselling Services relevant, useful, correct, relevant, satisfactory or suitable to Your needs.
- We do not and cannot control the quality of the Counselling Services delivered by the Counsellors listed on the Site.
- While We try to verify a Counsellor's qualifications and registration prior to listing their business on the Site (the Counsellor's official registration number is listed on their profile page), in Our sole discretion, You acknowledge that We do not guarantee the verification of, the skills, degrees, qualifications, licensure, registration certification, credentials, competence or background of any Counsellor. It is Your responsibility to conduct independent verification regarding any Counsellor that provides You with Counselling Services, and We strongly recommend that You will conduct this verification prior to communicating with any Counsellor listed on the Site.
- Your contractual relationship pertaining to the Counselling Services booked or received is strictly with your Counsellor. We are not involved in any way with the actual substance of that relationship, and We do not validate or become involved in the Counselling Services you book or receive from your Counsellor.
- In case You make any payment to Us, this payment is made to the Counsellor for the Counselling Services. We may charge the Counsellor by taking a portion of this payment for their use of Our website. However, We will not be deemed as the Counsellor of any Counselling Services regardless of payment. Furthermore, the payment for the use of the Site is made by the Counsellor and not by You.
3. Use of the Site
- You agree, confirm and acknowledge that although the Counsellor may advertise their Counselling Services on Our website, We cannot assess whether the use of the Counsellor, or their Counselling Services is right and suitable for Your needs. THE SITE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. NONE OF THE SITE CONTENT SHOULD BE CONSIDERED HEALTH OR MEDICAL ADVICE. As operators of the Site, Our role is strictly limited to facilitating the booking of appointments between You and a Counsellor. It is up to You to consider and decide whether a Counsellor’s Counselling Services are appropriate for You or not.
- You agree, confirm and acknowledge that You are aware of the fact that online Counselling Services are not a complete substitute for a face-to-face examination and/or session by a registered, qualified professional. Never disregard, avoid, or delay in obtaining medical advice from Your doctor or other qualified healthcare counsellor, by face-to-face appointment, because of information or advice You received on or via the Site.
- Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any [legal, financial or medical] matter You should consult an appropriate professional.
- THE SITE IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH MEDICATIONS OR TREATMENT MAY BE APPROPRIATE FOR YOU.
- IF YOU ARE THINKING ABOUT SUICIDE, OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (000 IN AUSTRALIA) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE SITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE SITE IN ANY OF THE AFOREMENTIONED CASES.
- The Site may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that We have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that We will not be liable for any damage or loss caused by any Third Party Content.
4. Further Disclaimer of Warranty
- YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PROVISION OF SERVICES, INFORMATION OR CONTENT ON OR VIA THE SITE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELLOR OR ANY OTHER PROVIDER IN A FIELD REQUIRING REGISTRATION AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE SITE.
- YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY COUNSELLOR; (B) ANY INFORMATION ABOUT ANY COUNSELLOR INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMES OR BACKGROUND OF ANY COUNSELLOR; (C) A COUNSELLOR’S COUNSELLING SERVICES, INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A COUNSELLOR; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE COUNSELLOR’S SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE SITE OR THROUGH THE SITE; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY OR APPLICABILITY OF THE SITE AND A COUNSELLOR’S SERVICES.
- YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE SITE IS PROVIDED "AS IS" AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
- ANY ONLINE CONSULTATION WITH A COUNSELLOR ORGANISED VIA THE SITE CANNOT AND DOES NOT REPLACE A PHYSICAL MEETING WITH A MENTAL HEALTH PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE COUNSELLORS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT YOUR FULL AND SOLE RISK AND LIABILITY.
- WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE SITE OR ANY PART OF THE SITE; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE SITE, THE COUNSELLORS OR THEIR COUNSELLING SERVICES.
- In the event of a dispute regarding any transaction conducted via the Site, You hereby relieve Us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and legal fees, which You may have against one or more of the above.
5. Limitation of Liability
- YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
- WE WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE: (1) FOR ANY DIRECT LOSS; (2) FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR (3) FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
- THESE LIMITATIONS OF LIABILITY APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
- YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE SITE IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
- WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE AGAINST A COUNSELLOR, WHETHER RELATING TO THE COUNSELLING SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE COUNSELLING SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
- If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
- This section ('Limitation of Liability') shall survive the termination or expiration of this Agreement.
6. Your Account, Representations, Conduct and Commitments
- You hereby confirm that You are at least 18 years old of age.
- You hereby confirm that You are legally able to enter into a contract.
- You hereby confirm and agree that all the information that You provided in or through the Site, and the information that You will provide in or through the Site in the future, is accurate, true, current and complete. Furthermore, You agree that during the term of this Agreement You will make sure to maintain and update this information so it will continue to be accurate, current and complete.
- You agree, confirm and acknowledge that You are responsible for maintaining the confidentiality of Your password and any other security information related to Your account (collectively "Account Access"). We advise You to change Your password frequently and to take extra care in safeguarding Your password.
- You agree to notify Us immediately of any unauthorised use of Your Account Access or any other concern for breach of Your account security.
- You agree, confirm and acknowledge that We will not be liable for any loss or damage that incurred as a result of someone else using Your account, either with or without Your consent and/or knowledge.
- You agree, confirm and acknowledge that You are solely and fully liable and responsible for all activities that are made by using Your Account Access. You further acknowledge and agree that We will hold You liable and responsible for any damage or loss incurred as a result of the use of Your Account Access by any person whether authorized by You or not, and You agree to indemnify Us for any such damage or loss.
- You agree and commit not to use the account or Account Access of any other person for any reason.
- You agree and confirm that Your use of the Site, including the Counselling Services, are for Your own personal use only and that You are not using neither the Site nor the Counselling Services for or behalf of any other person or organisation.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of Our systems, services, servers, networks or infrastructure, or any of the Site's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
- You agree and commit not to make any use of the Site for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
- You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to Your use of the Site and Your relationship with the Counsellors and Us.
- If You receive any file from Us or from a Counsellor, whether through the Site or not, You agree to check and scan this file for any virus or malicious software prior to opening or using this file.
- You will indemnify Us, defend Us, and hold Us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable legal fees and expenses) arising out of or relating to any of the following: (a) Your access to or use of the Site; (b) any actions made with Your account or Account Access whether by You or by someone else; (c) Your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselling Services) which were provided through the Site; (e) Your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
7. Modifications, Termination, Interruption and Disruptions to the Site
- You agree, confirm and acknowledge that We may modify, suspend, disrupt or discontinue the Site, any part of the Site or the use of the Site, whether to all clients or to You specifically, at any time with or without notice to You. You agree and acknowledge that We will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
- For the removal of any doubt, We may terminate or prevent Your use of the Site and any services provided by through the Site (including but not limited to booking Counselling Services) at Our sole discretion for any reason and for any period of time.
- The Site depends on various factors such as software, hardware and tool, either Our own or those owned and/or operated by Our contractors and suppliers. We do not guarantee that the Site will be uninterrupted or that it will be secure, consistent, timely or error-free.
- We may provide notices or other communications to You regarding this agreement or any aspect of the Site, by email to the email address that We have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Us must be delivered by email to firstname.lastname@example.org.
9. Important Notes About Our Agreement
- This Agreement and Our relationship with You shall both be interpreted solely in accordance with the laws of the State of Victoria excluding any rules governing choice of laws.
- You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or Our relationship with You, regardless of theory, shall be the Melbourne Magistrates' Court, or the state courts located in Victoria. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
- THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
- We may change this Agreement by posting modifications on the Site. Unless otherwise specified by Us, all modifications shall be effective upon posting. Therefore, You are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Site after the changes become effective, You agree to be bound by such changes to the Agreement. If You do not agree to the changes, You must terminate access to the Site and participation in its services.
- We may freely transfer or assign this Agreement or any of its obligations hereunder.
- The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
- If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
- To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.