1. Terms of Use
1.1 The website located at www.seedpsychology.com.au (Website) is owned and operated by Seed Psychology ABN 38 398 505 033 (Seed).
1.2 These terms and conditions govern your use of the Website and should be read and understood alongside our Privacy Policy available on the Website and as updated from time to time.
1.3 By accessing and using the Website, you agree to be bound by these terms and conditions (Terms). Do not use the Website if you disagree with any of the Terms. Please contact us with any questions or points of clarification.
1.4 In these Terms:
a) a reference to "we", “our” or "us" is a reference to Seed; and
b) a reference to "you" or "your" is a reference to any person accessing, viewing or using the Website.
2. Use of the Website
2.1 The Website provides psychology services and information (Services).
2.2 Unless you obtain our prior written consent for any other use, you may only access and use the Website for personal, non- commercial purposes.
2.3 Any costs associated with accessing and using the Website are your responsibility and dependent on the internet provider that you use.
2.4 You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on
factors outside our control and we do not accept any responsibility for those factors such as the quality of your internet connection, the type of computer or mobile device used to access the Website, or your software.
2.5 Your only rights in, or to, the Website or technology used to support the Website is the right to use the Website in accordance with the Terms.
3. Intellectual Property
3.1 The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
3.2 Any intellectual property in the Website is owned by Seed or third parties and unless permitted by law, you must not:
a) copy, reproduce, distribute, modify, transmit, adapt, print, display, publish or create derivative works from any part of the Website; or b) commercialise or otherwise use any content or services obtained from the Website without our prior written consent.
4. User Content
4.1 Site visitors are welcome and encouraged to submit relevant contact forms available across the Website.
4.2 Before doing so, we ask that you read our Privacy Policy available on the Website to ensure you understand the conditions of submitting your personal details.
4.3 You acknowledge that information about you will be held by us in accordance with our Privacy Policy.
4.4 You warrant and agree that:
a) all information you provide to us will be accurate and complete;
b) you will maintain and promptly update your information with us to ensure that your information held by us remains current, accurate and complete;
c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information requested by us; and
d) you will be solely responsible for your use of the Website and Services.
5. Limitations on Use
5.1 By accessing and using the Website you warrant and agree that you will not:
a) use the Website for any purpose other than provided under the Terms;
b) copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
c) hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
d) use the Website for any activity which we determine is obscene, indecent, offensive or defamatory;
e) hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it;
f) tamper with, hinder the operation of or make unauthorised modifications to the Website;
g) use the Website with an incompatible or unauthorised device;
h) upload onto the Website any material, or use the Website in any way which:
(i) we consider infringes or may infringe the intellectual property rights of any person; or
(ii) is unlawful or violates any law; or
i) breach any other terms of the Terms or our Privacy Policy.
6. Suspension or termination
6.1 We reserve the right to suspend or terminate your access to the Website at our sole discretion if we believe there has been a breach of the Terms.
6.2 If we notify you of the breach and ways in which you can remedy it and you fail to take that action within a reasonable time, you must immediately cease to use the Website.
6.3 We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement under the Terms.
6.4 You have the right to terminate this agreement under the Terms by ceasing to use the Website.
7. Pricing and cancellation policies
7.1 Our psychologists set their own fees so please speak with our administration team for specific pricing information.
7.2 Please be aware that prices may change. Any changes to pricing will be reflected on our Website and communicated to clients with a minimum of 6 weeks notice.
7.3 Please note that all of our fees are in Australian Dollars (AUD).
7.4 To cancel or reschedule an appointment please contact our administration team.
7.5 We require a minimum of 2 business days’ notice for rescheduling or cancellation of a scheduled appointment. Please be aware that if sufficient notice is not provided, 50% of the full service fee will be payable. Where no notice is provided, and an appointment is not attended, a Full Private Fee will be payable.
7.6 If 3 sessions in a treatment plan are cancelled without adequate notice, we reserve the right to withdraw from treatment. We will however, discuss our concerns with you prior to this occurring.
8. Government Rebates
8.1 Government Rebates are available when you present a GP referral (Mental Health Care Plan).
8.2 If you provide a Mental Health Care Plan, you can claim a specified rebate for up to 10 sessions per year.
8.3 Our administration team will process your rebate on your behalf when applicable.
8.4 You can reference further information via the Medicare website. You are also welcome to contact our administration team for clarification. Please note that the optimal sessions required for an individual’s treatment may vary. This may exceed 10 sessions per year. If this is the case, your psychologist will discuss this with you and what options are available. You may continue sessions without a referral at the reduced private fee cost. When attending without a referral, you may be entitled to a rebate through your private health insurance. Please contact your health insurance provider for details.
9. Technical information and security
9.1 The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Website, you access the Website at your own risk, and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Website.
9.2 You acknowledge that it is your responsibility to:
a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and
b) ensure that whatever you select for your use on the Website is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.
9.3 We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
10. Third party websites and Telehealth Services
10.1 The Website may contain links to websites owned and operated by third parties. We use third party websites such as Zoom to facilitate online sessions. We are not responsible for the
operation, security levels, content or any other aspect of any third party websites.
10.2 Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.
10.3 We make no representations or warranties and are not liable for:
a) the content or accuracy of any information contained in linked websites and third party websites; and
b) any loss or damage suffered as a result of access to, or use of, these third party websites, or the reliance on the information contained within.
10.4 You must make your own enquires as to the suitability of the content of third party websites and the goods and services available for sale on them.
0.5 Third party websites may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.
11. Email and text message notifications
11.1 When you provide your email address and/or mobile phone number to us you agree to us sending you communications via email and/or text message (Notifications).
11.2 A Notification may be sent to you prior to your appointment and is sent as a courtesy only. Please ensure you keep a record of your appointments at all times as Notifications are not always
reliable.
11.3 You may choose to stop receiving Notifications at any time by clicking the “unsubscribe” or “opt out” link at the bottom of emails or replying to a text message.
11.4 If you do not opt-out from Notifications we may send emails and or text messages to your nominated email address and mobile phone number and you acknowledge and consent to receipt of those Notifications.
12. Australian Consumer Law
12.1 Our promotion of the Services is only an invitation to treat and does not constitute an offer to sell or guarantee the availability of any Service.
12.2 Under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)), certain statutory expressed and implied guarantees
and warranties may be implied into the Terms (Non-Excluded Guarantees). Nothing in the Terms purports to modify or exclude the Non-Excluded Guarantees.
12.3 To the maximum extent permitted at law, our liability and that of our affiliates, officers, directors, employees, agents, contractors, service providers, successors or assigns, for a failure to comply with a Non-Excluded Guarantee, is limited to, at our option:
a) resupplying the Services; or
b) the cancellation of the Services and refund of any amounts paid.
12.4 In circumstances where the Non-Excluded Guarantees do not apply, we and our affiliates, officers, directors, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to use of the Services.
12.5 You acknowledge that you do not rely on the skill or judgment of us when deciding whether or not the Services are fit for any particular purpose.
13. Exclusion of Warranties
13.1 While we endeavour to ensure the accuracy and completeness of the information contained on the Website, that information may contain errors and omissions and is subject to change.
13.2 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
a) any material and/or information on the Website;
b) the performance and availability of the Website; or
c) the loss, damage or corruption of any data or other material as a result of the use of the Website.
13.3 Where liability cannot be excluded, any warranty by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
13.4 We make no warranties or guarantees that the use of the Website will achieve your desired outcome.
14. Limitation of Liability
14.1 To the fullest extent permitted by law, we and our affiliates, officers, directors, employees, agents, contractors, service providers, successors and assigns exclude liability for any loss
whatsoever (including but not limited to direct, indirect, incidental, consequential, special or punitive damages) you may suffer arising out of, or in any way related to the:
a) use of, or reliance on, any of the information or material provided via the Website;
b) use of other third party linked websites;
c) suspension, termination or interruption of the Website in whole or in part for whatever reason;
or
d) loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.
14.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
14.3 You agree to indemnify and keep us and our affiliates, officers, directors, employees, agents, contractors, service providers, successors and assigns indemnified from and against any and all claims, liabilities, damages, losses, costs and expenses (including legal fees) arising out of or related to your use of, or conduct on, the Website or any violation of these Terms.
15. General
15.1 These Terms shall be governed by and construed in accordance with the relevant laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in those courts.
15.2 We reserve the right to modify and update the Terms at any time and such amendment will be effective immediately upon appearing on the Website. Please ensure that you review the Terms regularly as your continued use of the Website will be deemed acceptance to any variation of the Terms.
15.3 If any part of the Terms is determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms shall continue in full force and effect.
15.4 No waiver of any breach of the Terms will be construed as a waiver of any other breach of the Terms.
16. Contact information
Should you have any questions in relation to the Terms or Website you are always welcome to contact our team directly via the details below:
Phone: 93888113
Email: enquiries@seedpsychology.com.au
Postal Address: 45 Nicholson Street, Brunswick East, VIC 3057