Bayside Psychotherapy Website Terms and Conditions
Welcome to Bayside Psychotherapy’s website, available at https://www.baysidepsychotherapy.com.au (Site). By using or browsing this Site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Site.
These Terms and Conditions (Terms and Conditions) apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as (Services). By using this Site, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refers to Bayside Psychotherapy and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
In using our Site and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use our Site and/or Services. Our website is intended for adults primarily, however we also provide services for adolescents aged 16 years and older.
Amendment of terms
We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication on the new Terms and Conditions on this Site. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern your and Bayside Psychotherapy’s rights and obligations to each other.
Limitation of Liability
By using our Site you agree and accept that Bayside Psychotherapy is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether for errors or from omissions in our content or information, any goods or services we may offer or from any other use of the Site or Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.
It is your own responsibility to ensure that any Services available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
ACL and Consumer Guarantees
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth). The liability of Bayside Psychotherapy for any breach of a term of this agreement is limited to; the supplying of the goods or services to you again, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again.
Delivery of Goods
Digital goods (Hypnosis MP3 Downloads) are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Returns and Refunds Policy
Bayside Psychotherapy handles returns and processes refunds in accordance with the Australian Consumer Protection legislation and its own policy. Refunds apply only to digital goods, not for services or the reservation of our time. Please notify us within 60 days of purchase if you wish to return your order. All refunds are made at the discretion of Bayside Psychotherapy. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of your request. Refunds will be processed promptly and payment made by the same method that you made payment, as long as they are for digital products, purchased between 30-60 days of a refund request.
Links To Other Websites
Bayside Psychotherapy may from time to time provide on its Site, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Bayside Psychotherapy and the owners of those websites. Bayside Psychotherapy takes no responsibility for any of the content found on the linked websites.
Bayside Psychotherapy’s Site may contain information or advertisements provided by third parties for whom Bayside Psychotherapy accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Bayside Psychotherapy exists primarily to help the general public (consisting of any race, nationality, sexual orientation or religion) to reduce suffering and gain deep insight into their inner world. We specialise in the treatment of adults primarily.
Link & Advertising Policy
As part of our abovementioned mission, we sometimes link out to websites that share similar values. If you own a quality website related to mental health, and want your users to gain as much value as possible, please examine the services and information we provide. Then, should you wish, we would welcome you linking to us. We will never buy or sell links or participate in any kind of link exchange arrangement, ever. This website is privately funded by the owner. We do not accept or host any advertisement.
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at [email protected].
If you continue to browse and use this Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
Licence to use Site
We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
You may access and use the Site in the normal manner and may also print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these terms.
You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.
You must not use or add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Site, into disrepute; or
- that infringes the intellectual property or other rights of any person.
The Site may contain links to other websites as well as content added by people other than us. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.
You acknowledge and agree that:
We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
Intellectual property rights
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
The licence in paragraph (3.3) will survive any termination of these Terms.
You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (3.2) and (3.3).
You represent and warrant to us that you have had sufficient opportunity to access and comply with these Terms and that you have the legal capacity to enter these Terms. If you do not agree with these terms please do not use this Site.
To the full extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
To the full extent permitted by law, we exclude all representations, warranties, guarantees or terms (whether express or implied) other than those expressly set out in these Terms.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Every effort is made to keep the Site up and running smoothly. We take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
You may only use this Site if you agree to indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
This information and Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following the amendments indicates that you accept the amendments. You should check these Terms from time to time to review any changes.
Breach of these terms
You may only use this Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use this Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to takedown content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.
Competitors are prohibited from using the content or information on our site for the purpose of competing with our business. If you breach this provision, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from the prohibited use. We reserve the right, in our sole discretion to exclude any person from using our Site.
If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.
By accepting these Terms you agree to use you best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
These Terms terminate automatically if, for any reason, we cease to operate the Site.
We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
These Terms are governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
Terms and condition on which Bayside Psychotherapy provides services to patients
Bayside Psychotherapy provides services on the following terms and conditions.
The meaning of some words used in these terms and conditions
we, us or our is a reference to Bayside Psychotherapy;
you or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
Materials means any materials, goods, parts or items we need to buy in order to perform the Services;
Parties is a reference to both us and you;
Premises means the place where we will provide the Services; and
Services means the help we will provide in connection with Psychotherapy, hypnotherapy and counselling. The precise Services we will be providing to you will be agreed upon during an initial session.
Entering into a contract
A contract between you and us will come into being:
Where you and we agree orally that we should provide the Services, then there will be a counselling contract on the date of our oral agreement.
We suggest that before you orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
You should keep a copy of these terms and conditions for your records.
Providing the Services
Once we and you have entered into a binding contract we will start providing the Services to you on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors, but a fixed (not variable) regular time is usually desirable.
Our aim is to always provide you with the Services:
using reasonable care and skill;
in compliance with commonly accepted practices and standards in Mental health; and
in compliance with Victoria laws and regulations in force at the time we are carrying out the Services.
Days and times when we normally provide the Services and performance of Services away from the Premises
Unless you and we agree otherwise, we will provide the Services on normal working days and start work no earlier than the scheduled time set aside and finish treatment no later than the end of a scheduled session (50 minutes). A normal working day for us means Mondays to Saturdays (depending on the therapist you see), excluding any national holidays.
The performance of some of the Services may take place away via phone or Skype.
Our responsibility to perform the Services by particular dates
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
we will complete the performance of all the Services by any specified date or time; or
the performance of any individual part of the Services will be completed by a specified date or time.
What can happen if we cannot start performing the Services or complete performing the Services
Where we have started performing the Services and you decide you wish to terminate the contract you will only have to pay for any Services we have performed up to the date of termination. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of the termination (excluding any cancellation fees).
Situations or events outside our reasonable control
In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
The following are examples of events or situations which are not within our reasonable control:
Other patient emergencies.
where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work);
where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (for example your treating GP or psychiatrist, although these services can often be performed concurrently with ours);
where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
for other unforeseen or unavoidable event or situation which is beyond our control, such as but not limited to poor Skype or phone connectivity in instances of remote therapy.
The following are examples of events or situations which are not within our reasonable control:
continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
Price, estimates and payment
Our charges are based on time we set aside for you.
We charge for our Services on a time basis. We charge for each 50 minute block we set aside to provide our Services. Our rates for performing the Services are set out in our Website.
If we provide an estimated number of sessions required then we will charge you the for the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how many sessions will be required as we are not psychics.
As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
When payment is required
Payment for our Services is normally made in two ways, either:
at the time we finish performing the Services; or
in a number of staged payments, often involving:
the payment of a deposit of 100%% before we commence performing the Services; and
the payment of the remaining amount we will be charging you either on completion of the Services or in a number of fixed payments paid at regular periods.
Which option we will use will be discussed in the first session.
If you do not pay when required to
If you fail to make payment by the date or time we and you agree, we may:
charge you interest on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days days from the date of our invoice or when we asked you first to pay them; and/or
if the amounts not paid represent more than 50% of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
Where you seek to not pay amounts due to us
You will not refuse to pay any amount owing to us for services rendered or cancellations made outside our minimum notice cancellation period.
Communicating with us
You can always telephone (our contact number is 03 9557 9113).
However, for important matters we suggest that you use writing and send any communications by post to [email protected] (we do not accept e-mails for cancellations though).
Termination of contract by you
If we agree to terminate the contract then you will be responsible for the cost of:
any of our time in performing the Services up to the date we stop providing the Services; and any cancellation fees owing to us.
Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
we need to do so in order to comply with changes in the law or for regulatory reasons; or
we are changing the rates we charge for the provision of Services as provided for in clause 7; or
we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract; or Where we are making any amendment we will give you prior notice (unless the contract is terminated before hand).
Contacting each other
If you wish to send us any notice or letter then it needs to be sent to [email protected].
Law and jurisdiction
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.
Website last updated: November 1st 2014