Terms & Conditions
You must read these terms and conditions (“Terms and Conditions”) and all other Policies (as defined below) before using our Services. By using our Services you agree to these Terms and Conditions and all Policies. We may update these Terms and Conditions from time to time, and your continued use of our Services constitutes acceptance by you of any updates. Please read these Terms and Conditions carefully before using our Services.
- DEFINITIONS & INTERPRETATION
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) “Client” means a person who uses our Services;
(b) “Client Information” means information provided to us by the Client.
(c) “Fee” means the then current fee charged by us for the provision of particular Services, as notified by us to you on this Site;
(d) “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, including copyright in any aspect of the Website or the Services, rights in circuit layouts, designs, trademarks, know-how, processes, concepts, the system or operations developed by us and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered;
(e) “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
(f) “4-session block” means a service package whereby you pay us the agreed Fee in respect of receiving the agreed number of four Sessions, as set out on this Site;
(g) “our”, “us” and “we” means the Provider;
(h) “Policy” means any policy of the Provider in place from time to time including without limitation any policy relating to privacy and refunds;
(i) “Provider” means Bree Somer, who is a qualified social worker registered with the Australian Association of Social Workers Limited;
(j) “Services” means any services provided by us, including without limitation the provision of Sessions to individuals and/or groups, addressing personal or professional difficulties, providing information and education on a wide range of psychosocial factors which impact on wellbeing, with the aim of improved personal functioning towards self-determination, self-fulfilment, and an increased sense of psychosocial well-being. For the avoidance of doubt, any Services provided by us are Social Work services only.
(k) “Session” means an interpersonal counselling and guidance session provided by us to you; and
(l) “you” and “your” means a Client.
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity;
(b) a reference to a legal entity includes a person;
(c) words importing the singular number include the plural number;
(d) words importing the plural number include the singular number;
(e) the masculine gender must be read as also importing the feminine or neuter gender;
(f) a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
(g) headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of Client and/or Provider is used, in which case clauses under that subheading relate to the party referred to in the subheading;
(h) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(i) a reference to a statute includes all regulations and subordinate legislation and amendments;
(j) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
(k) a reference to a monetary amount is a reference to an Australian currency amount;
(l) an obligation of two or more parties binds them jointly and each of them severally;
(m) an obligation incurred in favour of two or more parties is enforceable by them severally;
(n) references to time are to local time in Hobart, Tasmania;
(o) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
(p) a reference to a business day means any day on which trading banks are open for business in Hobart, Tasmania;
(q) if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
(r) a reference to a month means a calendar month; and
(s) a reference to data includes metadata.
- YOUR OBLIGATIONS
2.1 You must use our Services in accordance with these Terms and Conditions and our Policies. You must also ensure that you comply with all clauses of these Terms and Conditions and all Policies and all terms and policies included by reference in those documents.
2.2 Your use of our Services, and the information you provide to us, must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any applicable law;
(e) create liability for us or cause us to lose (in whole or in part) the services of our internet service provider or other Clients or suppliers;
(f) damage the credibility or integrity of the Provider;
(g) breach or violate any Policy; or
(h) link directly or indirectly to or include anything that:
(i) you do not have a right to link to or include;
(ii) could cause us to violate any applicable law, statute, ordinance or regulation.
3.1 Our Services are available only to, and may only be used by, individuals who can form legally binding contracts under Australian law. Without limiting the foregoing, our Services are not available to and may not be used by persons under 18 years of age or persons who are not Australian Residents. If you do not qualify, please do not use our Services
4.1 The Services we agree to provide to you are as set out on this Site.
4.2 We will only provide you with Services on your agreement with these Terms and Conditions and any other consents or other documents we may require, which may be issued via the Website, by email, and be signed using an electronic signature or otherwise signed with the hardcopy scanned to us.
4.3 At the commencement of each Session, we will take all steps we consider reasonable to confirm your identity.
5.1 Our Fee for provision of the Services is as set out on this Site.
5.2 Unfortunately, given the nature of our services, to the extent permitted by law our Fee is non-refundable once paid.
5.3 We require payment of our Fee prior to providing you with the Services.
5.4 In the event you are required to cancel a Session once it has been booked with us, you must provide us with a minimum 24 hours notice of the cancellation of the Session. Should you not provide us with such notice, the Session will be forfeited and you shall not be entitled to a replacement Session.
5.5 In the event you engage us pursuant to a 4-session block, you may cancel any unused Sessions within the Service Package at any time on giving us at least 4 business days notice prior to the next scheduled Session, in which case we will refund to you the Fee paid in respect of the Service Package (less a fee in respect of each Session that you have been provided with and less an administration fee of $60.00 plus GST).
5.6 You must pay the Fee in cleared funds via PayPal or Direct Deposit to a bank account nominated by us.
- CLIENT’S OBLIGATIONS
6.1 You are expected to report to us any arising concerns of change in your biopsychosocial circumstances in a timely manner for the purpose of allowing us to provide up to the minute and appropriate assessments and Service delivery. Should you fail to do so, we may be unable to provide you with the Services.
6.2 In the event we in our discretion deem your well-being or safety to be a matter of serious concern, we reserve the right to contact and report to the appropriate emergency services and inform them of the matter with or without your consent.
6.3 In the event we deem your behaviour or language inappropriate, we may cease to provide the Services to you in our discretion.
6.4 Should we deem it necessary in our professional discretion, we may redirect you to more appropriate services.
6.5 You must participate in the intervention process agreed to with us and we will regularly review your progress against the goals we set and your progress as against the agreed intervention process. We may cease the provision of the Services to you if we determine that you are not appropriately or effectively participating as required by this clause.
- CLIENT INFORMATION
We will manage Client Information (including the retention of Client Information) in accordance with any applicable legislation, or, where there is no such legislation, in accordance with best practice standards.
8.1 Without limiting other remedies available to Provider at law, in equity or under these Terms and Conditions or any other Policy or otherwise, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the provision of the Services to you if:
(a) you breach these Terms and Conditions or any Policy or the terms and policies those documents incorporate by reference; or
(b) we believe that your actions may cause legal liability for us or other Clients; or
(c) in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of our Services or the Provider; or
(d) we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent or deceptive activity.
- NO WARRANTY AND DISCLAIMERS
9.1 We provide our Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, we specifically disclaim any implied warranties including in relation to fitness for a particular purpose and non-infringement. Furthermore, we do not guarantee continuous, uninterrupted or secure access to our Services, or that any information provided by us is up to date and accurate. You acknowledge that we are providing you with Social Work services as opposed to medical services.
9.2 For the avoidance of doubt, and without limitation to clause 9.1, we do not warrant or represent that our Services us will result in you overcoming any condition that you suffer.
9.3 You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of the Provider except to the extent expressly set out in these Terms and Conditions.
9.4 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect your Information, we do not warrant and cannot guarantee the security of your information which you transmit to us. Accordingly, your information which you transmit to us is transmitted at your own risk. We cannot guarantee the confidentiality or security of your information, and we will not be responsible or liable for any Loss incurred in this regard. You must inform the Provider immediately of any breaches of security or unauthorised use of your information.
10.1 In no event shall the Provider or its related entities, officers, directors, employees, agents, contractors or suppliers be liable for any Loss arising out of or in connection with:
(a) any failure or performance, error, omission, interruption, defect, delay in operation or transmission of your website or applications, including any Loss caused by any failure or performance, error, omission, interruption, defect, delay in operation or transmission arising out of or in connection with the Services;
(b) line or system failure or the introduction of a computer virus or other technical sabotage;
(c) our Services, even if we or our employees or representatives are advised of the possibility or likelihood of such Loss; and
(d) whilst all reasonable efforts will be made by us to ensure the delivery of the Services, we shall not be liable for service interruptions caused by your non-participation or any other unforeseen events outside of our control.
10.2 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you.
10.3 Without prejudice to clause 10.1, notwithstanding any other provision of these Terms and Conditions and to the extent permitted by law:
(a) our total liability arising out of or in connection with these Terms and Conditions, and the liability of our suppliers, to you or any third parties in any circumstance is limited per event to the amount of $10.00; and
(b) the Provider shall not be liable for any Loss, including loss of contract, loss of profit or revenue, contractual claims of third parties, economic loss, loss of production, business interruption, loss of data, production stoppage, or consequential or indirect loss or damage.
10.4 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
10.5 Notwithstanding any other term in these Terms and Conditions, nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Provider or its related entities, officers, directors, employees, agents, contractors or suppliers where and to the extent that any applicable law prohibits such exclusion or limitation.
You agree to indemnify and hold us and our related entities, officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including legal fees (on a solicitor and own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise in arising in connection with the Services. For the avoidance of doubt, you agree to indemnify us in respect of any legal fees (on a solicitor and own client basis) or other fees incurred by us recovering non-payment of the Fee.
- INTELLECTUAL PROPERTY
12.1 You acknowledge and agree that:
(a) the Provider owns the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to you;
(b) you will not copy, reproduce, distribute to any third party, alter, modify, create derivative works, or publicly display any of our Intellectual Property (including without limitation our Products) without our prior written consent;
(c) any intellectual property rights created, formulated or discovered by you through the use or access of our Services will be the sole and exclusive property of the Provider; and
(d) you will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the intellectual property rights created hereunder to the Provider.
12.2 You acknowledge and agree that we will suffer significant Loss in the event you use our Intellectual Property in breach of this clause 12. In the event of breach of this clause 12, we will estimate the extent of the Loss suffered by us which shall be recoverable by us immediately on demand as a debt due and owing, despite any pending litigation.
13.1 You acknowledge and agree that any information provided by us to you during the provision of the Services (“Confidential Information”) is confidential, and you must only use such information for the purposes of implementing our recommendations and complying with the intervention plan agreed to by the parties.
13.2 For the avoidance of doubt other than where:
(a) the Confidential Information is in the public domain, except as a consequence of a breach of this clause;
(b) expressly agreed by all parties in writing; or
(c) required by law,
you must at all times:
(a) treat and keep the Confidential Information confidential;
(b) not use, or allow the use, of the Confidential Information by any third party;
(c) not disclose or allow the disclosure, of the Confidential Information or the fact of the disclosure of the Confidential Information to any third party.
14.1 We reserve the right to cancel provision of the Services to you at any time in our discretion.
15.1 You acknowledge and agree that any evaluations or testimonials you provide to us in respect of the Services may be used by us for marketing purposes.
15.2 Use of our Services is done so at your own risk.
15.3 We may update these Terms and Conditions from time to time, with the latest version to be featured on our Website. Your continued use of our Services following an update to our Terms and Conditions indicates your acceptance of same.
15.4 By using our Services, you authorise us to contact you whether by electronic or other means in our discretion in relation to our Services and any marketing or promotional matters. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
15.5 These Terms and Conditions are governed by the laws of Tasmania, Australia and the parties submit to the jurisdiction of the Court of Tasmania, Australia.
15.6 These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
15.7 If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable are unaffected by the severance.
15.8 You agree that these Terms and Conditions may be assigned by Provider, in our sole discretion. You may not assign these Terms and Conditions without Provider’s express prior written consent.
15.9 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.10 The Provider’s failure to act with respect to a breach by you or others does not constitute a waiver of that breach or waive our right to act with respect to that breach or subsequent or similar breaches.
15.11 You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
15.12 These Terms and Conditions and the Policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof and any oral or other written agreements between the parties that are inconsistent with these Terms and Conditions and the Policies shall be negated.
15.13 Nothing in these Terms and Conditions establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties including in particular between the Provider and Clients.
15.14 Any provision capable of surviving termination of these Terms and Conditions shall survive any termination or expiration of these Terms and Conditions.
15.15 Dispute Resolution
15.16 If a dispute arises in connection with the Services, either party may notify the other party of the dispute and the parties must attempt to negotiate the dispute in good faith.
15.17 If the parties do not resolve the dispute pursuant to clause 15.16, and no other process for resolution is agreed, either party may refer the dispute to mediation.
15.18 The mediator will be appointed by agreement of the parties or, failing agreement, by the Provider.
15.19 The mediator’s role is to assist the parties to resolve the dispute by negotiation. The mediator will have no decision-making powers, nor will the mediator make formal recommendations.
15.20 The costs of mediation will be borne by the Party referring the dispute to mediation unless otherwise agreed.
15.21 If the dispute is not resolved within 30 days of the appointment of the mediator, either party may take any action against the other it considers necessary, including without limitation the instigation of Court proceedings.