Website Terms & Conditions of Use

About the Website

1.1. Welcome to www.brainhelperspsychology.com.au (Website). The Website provides an opportunity to browse the site, free resources (Free Resources) and the psychology services offered by Brain Helpers Psychology as well as make bookings for the psychology services (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

1.2. The Website is operated by Sharon Mittiga (abn: 55 388 582 193) t/a Brain Helpers Psychology. Access to and use of the Website, or any of its associated Services, is provided by Brain Helpers Psychology. Please read these terms and conditions (Terms) carefully. 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.

1.3. Brain Helpers Psychology reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

(a) E-mail Address

(b) Password

(d) Address

3.2. You warrant that any information you give to Brain Helpers Psychology in the course of completing the registration process will always be accurate, correct and up to date.

3.3. 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.

3.4. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Brain Helpers Psychology; or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

4.2. You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions

(c) 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 Purchase Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Brain Helpers Psychology of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Brain Helpers Psychology providing the Purchase Services;

(f) you will not use the Purchase 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.

5. Bookings

5.1. Brain Helpers Psychology requires all bookings for initial appointments for psychology services for new clients to be made via Halaxy (Booking System).

5.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.

5.3. Where required, the full fee will be payable at the time of booking your initial appointment, or otherwise, as requested. Brain Helpers Psychology will issue you with an Invoice for the Deposit once your initial appointment is booked. You agree to pay the Deposit by the due date and the method prescribed on the Invoice.

5.4. You are responsible for paying the fee for each appointment (Fee) at the time of each appointment. Brain Helpers Psychology will issue you with an Invoice for the Fee. You agree to pay the Fee by the due date and the method prescribed on the Invoice.

5.5. You will be unable to book further appointments if the Fee is not paid in full.

5.6. Brain Helpers Psychology reserves the right to request payment of the Fee prior to the appointment.

5.7. Brain Helpers Psychology will provide you with a separate set of terms and conditions that will set out the terms for psychology services you receive.

6. Cancellation

6.1. If you need to cancel your appointment you agree to provide at least 72 hours (3 days) notice to cancel or reschedule an appointment.

6.2. Short-notice cancellations will incur the following fees:

Same-day cancellations – 100% of the appointment fee
More than 24 hours but less than 48 hours notice – 50% of the appointment fee
More than 48 hours but less than 72 hours (3 days) notice – 25% of the appointment fee

6.3. If you have booked a video appointment, but you do not login at the time of your consultation, Brain Helpers Psychology will make two attempts to contact you by phone or text message in the first 15 minutes of your appointment. If Brain Helpers Psychology are unable to reach you in this time, Brain Helpers Psychology will consider this a ‘no show’ and charge you for the cancelled appointment.

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of Brain Helpers Psychology 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, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Brain Helpers Psychology or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Brain Helpers Psychology , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained on the Website in your device's cache memory; and

7.3. Brain Helpers Psychology does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Brain Helpers Psychology.

7.4. Brain Helpers Psychology retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

7.5. You may not, without the prior written permission of Brain Helpers Psychology and the permission of any other relevant rights owners: broadcast, republish, up-load 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.

8. Privacy

8.1. Brain Helpers Psychology takes your privacy seriously, and any information provided through your use of the Website and/or Services is subject to Brain Helpers Psychology's Privacy Policy, which is available on the Website.

9. User Generated Content

9.1. If you choose to contribute any content to the Website or any other platform operated by Brain Helpers Psychology, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

9.2. By contributing content to the Website, you grant Brain Helpers Psychology a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Brain Helpers Psychology.

9.3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Brain Helpers Psychology can use that information with your User Content for advertising and promotional purposes, or any other business purpose.

9.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Brain Helpers Psychology social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Brain Helpers Psychology. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

9.5. Please ensure you keep your own copies of Your Content as Brain Helpers Psychology may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

9.6. Brain Helpers Psychology will endeavour to provide you with an appropriate credit when using Your Content on Brain Helpers Psychology platforms, though you understand and agree this may not always be possible.

9.7. Brain Helpers Psychology reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

10. Mailing List and SMS List Registration

10.1. You will be given the option to register for the Brain Helpers Psychology Mailing List (Mailing List) and SMS List (SMS List).

10.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name and address

10.3. If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Brain Helpers Psychology.

11. General Disclaimer

11.1. 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.

11.2. 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) Brain Helpers Psychology 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.

11.3. 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 Brain Helpers Psychology make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Brain Helpers Psychology ) referred to on the Website, 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 the products of Brain Helpers Psychology ; and

(d) the Services or operation in respect to links which are provided for your convenience.

12. Warranty

12.1. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law.

12.2. For major failures with the Services, you are entitled to cancel this Agreement with Brain Helpers Psychology, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

13. Disclaimer

13.1. You agree that when you access the Free Resources you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Brain Helpers Psychology’s relationship with you, its educational materials and interactions with you. As such, you agree that Brain Helpers Psychology is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Free Resources it provides.

13.2. You understand that the Free Resources are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Free Resources are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

14. Information Disclaimer

14.1. Any free downloads, information, documentation, tools, social media links or other content provided on the Website, in the Free Resources or through the Services does not constitute professional psychological or medical advice and are provided for general information and illustrative purposes only. Brain Helpers Psychology recommends you seek independent psychological or medical advice prior to relying on any information or documentation provided on the Website. Brain Helpers Psychology will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website or within the Services.

14.2. All care is taken in the preparation of the information and published materials on the Website and within the Free Resources, social media accounts, blog, or on any other related platform. Brain Helpers Psychology does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

14.3. To the extent permissible by law, Brain Helpers Psychology will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website and within the Free Resources, social media accounts, blog, or on any other related platform.

15. Limitation of Liability

15.1. Brain Helpers Psychology’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

15.2. You expressly understand and agree that Brain Helpers Psychology, 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.

16. Indemnity

16.1. You agree to indemnify Brain Helpers Psychology, its 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 interaction with the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

17. Venue and Jurisdiction

The Services offered by Brain Helpers Psychology is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

18. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Independent Legal Advice

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.

20. Severance

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.

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