Terms & Conditions
- The Terms and Conditions
- The following are the Terms and Conditions (the “Agreement”) for the use and access of any person (“User”, “Client” or “you”) in an online platform through which consulting, communication, professional advice, articles and any other information are provided (collectively the “Platform”). The Platform may be available, be accessible or be provided via multiple websites, devices, platforms and other means, whether owned and/or operated by me or by third parties, including, without limitation, the website www.helpingmindsonline.com.au and its social media accounts.
- Without derogating from the above, the Platform may be used among other things to facilitate (a) general content and information which is publicly available and not transmitted to you personally; and (b) personal information, communication and advice delivered specifically to you.
- When the terms “I”, “me”, “my”, “mine”, “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”), its affiliated companies and the shareholders, agents, assignees, directors, contractors, subcontractors, successors, officers, employees and advisors of the aforementioned companies.
- The Consulting and Online Support Services
- The Platform enables you to communicate with a professional, expert, coach, advisor, online support, practitioner or any other person (collectively “Online Support”) for the purpose of getting guidance, communicative help, information, advice or any other input, benefit or service (collectively “Online Support Services”).
- I make no representation or warranty whatsoever as to my willingness or ability to give advice.
- I make no representation or warranty whatsoever as to whether you will find the “Online Support”, or “Online Support Services”, or any general content and information which is publicly available and not transmitted to you personally, as correct, relevant, useful, satisfactory or suitable to your needs.
- I make no representation or warrant whatsoever as to being a “Psychologist”, “Licensed Psychologist”, “Psychiatrist”, or “Licensed Counsellor”, and I do not determine whether I am the best treatment or correct choice for you.
- I make no representation or warrant whatsoever that the “Online Support” provided should not replace traditional or online therapy with a registered practitioner.
- While I may try to do so from time to time, in my sole discretion, you acknowledge that I do not represent to verify, and do not guarantee my skills or competence as online support. It is your responsibility to conduct independent verification regarding my services and qualifications, to determine if they are the services you require and I strongly recommend that you will conduct this verification prior to any communications with helpingmindsonline.com.au, myself, or the Platform, and on a continuous basis as you use the Platform, helpingmindsonline.com.au, associated social media accounts, and my services.
- Your relationship relating to the Online Support Services is strictly with myself.
- In case you make a payment through the Platform, or make any payment to us, this payment is made to myself for the Online Support Service.
3. Use of the Platform
- You acknowledge, confirm and agree that although I provide the Online Support Services through the Platform, I cannot assess whether the use of the Online Support, any general content and information which is publicly available and not transmitted to you personally, or the Platform is right and suitable for your needs. It is up to you to consider and decide whether these services are appropriate for you or not.
- You acknowledge, agree and confirm that you are aware of the fact that the Online Support Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information and communication provided as part of my Online Support Services. Furthermore, I strongly recommend that you will consider seeking advice by having a face-to-face appointment with a licensed and qualified professional. Never avoid, delay or disregard obtaining medical advice from your doctor or other qualified and licensed professionals, by face-to-face appointment, because of information or advice you received from myself or through the Platform.
- THE PLATFORM IS NOT INTENDED TO PROVIDE DIAGNOSIS, AND THIS INCLUDES COMMUNICATION AND/OR INFORMATION REGARDING THE PRESCRIPTION OR WHICH DRUGS AND/OR TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE, INFORMATION OR COMMUNICATION IF DELIVERED OR INTERPRETED TO BE DELIVERED FROM ME OR THROUGH THE PLATFORM.
- You are advised to exercise a high level of caution and care caution in the use of the Platform, any general content and information which is publicly available and not transmitted to you personally, and my services.
- IF YOU ARE HAVING SUICIDAL AND/OR SELF-HARM RELATED THOUGHTS, OR ARE CONSIDERING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR TO OTHERS OR IF YOU FEEL OR IF YOU OR ANY OTHER PERSON MAY BE IN DANGER, OR FOR ANY OTHER MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 000 (IN AUSTRALIA) OR YOUR COUNTRY’S EMERGENCY CONTACT PHONE NUMBER TO NOTIFY THE RELEVANT AUTHORITIES. YOU CONFIRM, ACKNOWLEDGE, AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
- The Platform and its social media accounts may contain other content, services or products 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 and/or social media) 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 practices, products, 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 ME AND AGREE TO HOLD ME HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM MY SERVICES, THE PLATFORM, AND ANY GENERAL CONTENT AND INFORMATION WHICH IS PUBLICLY AVAILABLE AND NOT TRANSMITTED TO YOU PERSONALLY, INCLUDING (WITHOUT LIMITATION) ANY ACT, OPINION, OMISSION, NON-RESPONSE, ADVICE, INFORMATION, SUGGESTION, FACIAL EXPRESSION, NON-VERBAL COMMUNICATION FROM MY SERVICES, INCLUDING (WITHOUT LIMITATION) ALL FORMS OF COMMUNICATION INCLUDING DIGITAL, SOCIAL MEDIA, EMAIL, PHONE, VIDEO CONFERENCE, TEXT AND FACE-TO-FACE.
- YOU CONFIRM, AGREE AND ACKNOWLEDGE THAT I DO NOT PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) MYSELF AS PROVIDER; (B) ANY INFORMATION ABOUT MYSELF AS PROVIDER INCLUDING WITHOUT LIMITATION ANY EXPERTISE, CLAIMS OR BACKGROUND; (C) MY PROVIDER SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY GUIDANCE, OPINION, ADVICE, RESPONSE, NON-RESPONSE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PROVIDER INCLUDING WITHOUT LIMITATION INFORMATION NOT PERSONALLY DELIVERED TO YOU; (D) THE CONTENT, SUBTEXT AND THE SUBSTANCE WHICH ARE PART OF MY PROVIDER SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM, ON ANY SOCIAL MEDIA OR THROUGH THE PLATFORM; (F) THE AVAILABILITY, SAFETY, ACCURACY, VALIDITY, COMPLETENESS, LEGALITY, QUALITY, PRIVACY OR APPLICABILITY OF THE PLATFORM, ITS RELATED SOCIAL MEDIA, AND MY PROVIDER SERVICES.
- YOU CONFIRM, AGREE, AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST ME. THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, I 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 CONSULTATION WITH MYSELF VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A CONSULTATION WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY MYSELF AS THE PROVIDER. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY.
- I DO NOT ASSUME, AND I WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; (B) THE AVAILABILITY OF MY SERVICES; (C) ANY DAMAGES, INJURY OR HARM ARISING FROM OR RELATED TO THE PLATFORM, RELATED SOCIAL MEDIA ACCOUNTS, MYSELF AS PROVIDER OR MY PROVIDER SERVICES.
- In the event of a dispute regarding any transaction for my services and/or any transaction conducted via the Platform, you hereby relieve me from all manner of actions, demands or claims and from any and all losses (direct, indirect, consequential or incidental), costs, damages, or expenses, including, without limitation, attorneys fees and court costs, which you may have against one or more of the above.
5. Limitation of Liability
- YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT I SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
- YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT MY AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE 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 Platform, and the information that you will provide in or through the Platform 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 authorised 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 Platform, including the Online Support Services, are for your own personal use only and that you are not using neither the Platform nor the Online Support Services for or behalf of any other person or organisation.
- You agree and confirm that your use of the Platform, including the Online Support Services, are for your own personal use only and that any communications including without limitation email, texting, phone, video conferencing will not be, without limitation, recorded, publicised, transcribed, screenshot, replicated, made public or shared with any third party in any format.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of my systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
- You agree and commit not to make any use of the Platform and its associated social media accounts 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 Platform and your relationship with myself.
- If you receive any file from me, whether through the Platform 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 me, defend me, and hold me 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 attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (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 Online Support Services) which were or were not provided through the Platform; (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. Fees and Payment
- You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
- You confirm and agree to use only payment means (credit cards or others) which you are duly and fully authorised to use.
- You agree that all current and future interactions (whether online or offline) between you and myself will be made, managed and billed through Platform.
- If, for any reason, an interaction between you and myself is not made through the Platform, you agree that it will be billed through the platform.
- You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing me with your credit card information you authorise me to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information.
8. Modifications, Termination, Interruption and Disruptions to the Platform
- You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, 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 Platform and any services provided by through the Platform (including but not limited to Online Support Services) at our sole discretion for any reason and for any period of time.
- The Platform 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 Platform 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 Platform, 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.
10. Important notes about our Agreement
- This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Queensland, Australia 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 Qld Magistrates’ Court. You irrevocably consent to the personal jurisdiction of the aforementioned court and hereby waive any objection to the exercise of jurisdiction by the aforementioned court.
- 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 Platform. 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 Platform 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 Platform 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.
Last Updated: 2nd September 2018