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Terms and Conditions

Terms and Conditions – My Psych Clinic
This website mypsychclinic.com.au and all content, trade marks and its related services, products, websites, tools and applications (Website) is owned and operated by Bullot Holdings Pty Ltd ABN 30 674 205 415 trading as My Psych Clinic (our, us, we, My Psych Clinic). 


By accessing and using our Website you warrant to us that you have capacity to enter into legally binding agreements and agree to be bound by the following terms and conditions (Terms and Conditions). If you do not have such capacity or you do not agree to be bound by these Terms and Conditions, you must not use the Website. We may update our Terms and Conditions from time to time without notice to you. Each time you use our Website you should revisit these Terms and Conditions and your continued use of the Website constitutes your acceptance of them.
 

1.    USING OUR WEBSITE
1.1    Your use of this Website is by personal, non-exclusive licence granted by us strictly in accordance with these Terms and Conditions. This Website is only available to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, you must not use the Website.
1.2    We provide our Website to facilitate the supply of our Services (as defined at clause 2.1 below), to help us connect with you and to provide general information and relevant content that you may be interested in. You must not use the Website for any purpose other than its intended purpose, and you must not harm our Website in any way. 
1.3    Content on our Website is provided solely for your reference purposes. We include information for your convenience as a general summary of matters current at the time of posting that may interest you. The contents do not constitute medical and/or financial and/or legal professional advice and are not intended to be a substitute for medical and/or professional advice and should not be relied upon as such. We make no warranties that the information published by us is correct. You should seek professional advice in relation to any matters that you have read on the Website. 
1.4    The information you provide us and your use of the Website and our Services must not:
(a)    be false, inaccurate or misleading; 
(b)    be fraudulent or deceptive;
(c)    be provided or used in a way that violates these Terms and Conditions;
(d)    create liability for us or cause us to lose (in whole or in part) the services or custom of our service suppliers (such as web hosts), other users or other suppliers;
(e)    damage the credibility or integrity of the Website or My Psych Clinic, or dilute, tarnish, or otherwise harm our brand in any way;
(f)    infringe any third party’s rights, including any privacy rights and any copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(g)    violate any Applicable Laws (including those governing privacy, consumer protection, unfair competition, criminal law, racism or antidiscrimination or trade practices law);
(h)    be defamatory, trade libellous, unlawfully discriminatory, obscene, threatening or harassing;
(i)    impersonate any person;
(j)    contain any viruses, trojan horses, or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this Website; 
(k)    be in any manner which could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of this Website;
(l)    link directly or indirectly to or include anything that you do not have a right to link to or include, or could cause us to violate any Applicable Laws;
(m)    be for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in  a manner that falsely implies My Psych Clinic endorsement, partnership or otherwise misleads others as to your affiliation with My Psych Clinic;
(n)    be in connection with the distribution of unsolicited commercial email ("spam") or advertisements; or
(o)    be for the purpose of "stalking" or harassing any other user, or collect or store any personally identifiable information about any other user other than for the sole purpose of transacting through the Website in compliance with these Terms and Conditions.
1.5    By making a booking for our Services you acknowledge and agree that:
(a)    all information that you have provided to us on the Website or by other means (including in the booking form) is accurate and up to date;
(b)    the Services are not to be used for any emergency or life threatening conditions;
(c)    you reside within Australia; and
(d)    nothing in the Services is a promise or guarantee of results. We cannot and do not make any guarantees that attendance at the Services will achieve any specific results (such as correction of any medical issues).
1.6    If you provide us with any feedback, ideas, modifications, suggestions, improvements or other content you agree that we may, at any time, without restrictions exploit, copy, republish, edit, or otherwise use such content on any medium worldwide (including on the internet). We will not be required to pay you any compensation for such content (regardless of our use). We have no obligation to review any content or otherwise remove any content that may be unlawful, offensive, threatening, defamatory or obscene. 
1.7    Any reviews submitted to us will be our property on and from its creation and we will be able to deal with it unrestricted. Without limiting this right, we may remove any review, and use any review on our Website or on any medium online worldwide (including social platforms) at our discretion (regardless of the content). To the extent necessary you must assign all rights, title and interest in such reviews as required by this clause.
 

2.    APPOINTMENTS
2.1    You must make an appointment to see a psychologist or other healthcare professional, and to attend a booking for psychology related services and treatments offered by us (the Services). 
2.2    Appointments for Services may be booked over the phone or by following the prompts on our Website (save that first time bookings must be booked over the phone). All appointments booked by any method will be subject to these Terms and Conditions. 
2.3    Any appointment booking is an offer by you to book our Services for the price and scheduled appointment time as specified by us or the Website (as applicable) at the time of your booking. You acknowledge that by placing a booking request, you are agreeing to pay for and accept the booking for the appointment.
2.4    For first time bookings a $50 deposit is due, which must be paid via a text link invoice or over the phone at the time of booking. Subsequent bookings are not subject to a deposit. The balance of the fee due for the appointment is due post-session on the day of the appointment in person or over the phone (for telehealth appointments).
2.5    Once a booking has been submitted, we will review the booking details of the request and confirm the booking is available. All bookings are subject to availability. 
2.6    Due to the unpredictable nature of the Services, your allocated booking time may be delayed. 
(a)    If you are late to an appointment, then it is at our discretion as to whether the appointment will be continued or forfeited. 
(b)    In the event we are unable to provide the Services on the day of your appointment, for any reason, we will let you know, and you may either reschedule or cancel the appointment. If you choose to cancel you will be refunded any amounts paid. Rescheduling under this subclause will not attract a fee.
2.7    In the event that you book an appointment on behalf of a third party, you represent and warrant that you have made that third party aware of these Terms and Conditions and you acknowledge and agree that the actions of that third party shall also be attributed to you for the purposes of these Terms and Conditions. Separate appointments must be made for each family member. 
2.8    The fees applicable for the appointments will be displayed on the Website or as advised by us (as applicable) at the time you book. Prices and all other details are subject to change without notice (prior to our confirmation of your booking). 
2.9    You must make payment via a method accepted by us as stated on the Website or as otherwise advised by us (such as text message or over the phone payments). We will charge you and you agree to pay the fees in accordance with these Terms and Conditions. Where a deposit is required to be paid, and your payment cannot be processed or fails to clear, your booking will be cancelled, and you will be notified.
2.10    You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
2.11    Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed by us.
2.12    Prices shown on the Website or otherwise advised by us (as applicable) are in Australian Dollars (AUD) and include GST, unless otherwise stated.
2.13    All payments must be made in clear funds without set-off or counter claim.
 

3.    CANCELLATIONS, RESCHEDULING AND REFUNDS (INITIAL APPOINTMENTS ONLY)
3.1    This clause 3 applies to initial appointments in respect of which a deposit has been paid. 
3.2    Once a booking for a Service has been placed or confirmed, the following deposit refund policy applies for cancellations:
(a)    cancellation requests made more than 48 hours prior to the appointment will result in a full refund of the deposit; and
(b)    cancellation requests made less than 48 hours prior to the appointment will result in the forfeiture of the deposit. For NDIS participants, please see clause 3.7.
3.3    Appointments can be rescheduled without forfeiting the deposit, provided the request is made in line with our cancellation policy (i.e. more than 48 hours prior to the scheduled appointment time). Rescheduling requests made within 48 hours of the appointment will result in forfeiture of the deposit, unless otherwise agreed upon. For NDIS participants, please see clause 3.7. All requests to reschedule are subject to availability.
3.4    If a request to reschedule is made more than 48 hours prior to the original scheduled appointment, and the new appointment is scheduled for a date more than 7 days following the original scheduled appointment, the deposit will become non-refundable. This is to prevent excessive rescheduling and ensure commitment to the appointment.
3.5    If you fail to attend your appointment without providing any notice, your deposit will be forfeited. For NDIS participants, please see clause 3.7.
3.6    We may, at our discretion, allow a rescheduled appointment without forfeiting the deposit in exceptional circumstances (such as in an emergency) provided that adequate documentation or explanation is provided as requested by us.
3.7    For NDIS participants, where a cancellation fee applies and can be charged by us under the National Disability Insurance Scheme Pricing Arrangements and Price Limits guide (Price Guide), the maximum cancellation fee allowed under the Price Guide will be charged.
3.8    All refunds will be paid to your original payment method within 7 days of your original scheduled booking time.
3.9    Our cancellation policy available at www.mypsychclinic.com.au/cancellationpolicy otherwise applies to your booking in addition to these terms. 
 

4.    CANCELLATIONS AND RESCHEDULING (OTHER THAN INITIAL APPOINTMENTS)
4.1    This clause 4 applies to appointments in respect of which no deposit has been paid. 
4.2    Subject to clause 4.4, our cancellation policy available at www.mypsychclinic.com.au/cancellationpolicy applies to your booking in addition to these terms. 
4.3    All fees payable pursuant to our cancellation policy must be paid immediately on demand by us and are non-refundable. 
4.4    For NDIS participants, where a cancellation fee applies and can be charged by us under the Price Guide, the maximum cancellation fee allowed under the Price Guide will be charged.
 

5.    CLAIMS AND REBATES
5.1    You may be eligible:
(a)    for coverage or a rebate from WorkCover, the Department of Veterans' Affairs (DVA) or Victim's Assistance; 
(b)    if you are an NDIS participant, to use funding allocated under your NDIS plan,
in respect of all or part of any fees payable to us. It is your responsibility to determine whether you are eligible for any coverage or rebate, and we do not provide any warranties that you will be entitled to or receive coverage or a rebate for any fees payable to us. 
5.2    We may submit claims on your behalf, however, if any claim is denied or not approved for any reason, you will be liable for the full fees for that appointment.
 

6.    INTELLECTUAL PROPERTY 
6.1    Our intellectual property rights
You acknowledge and agree that:
(a)    we own all right, title and interest in and to the Website and all intellectual property rights associated with the Website (including without limitation trade marks, logos, names, designs, content, videos, logos, images and source code) and any improvements or modifications to such intellectual property (collectively referred to as the Intellectual Property) and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(b)    you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works, publicly display our Intellectual Property or otherwise attempt to derive the source code of our Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our website.
6.2    Your content you provide
(a)    You acknowledge and agree that any content you upload, post or transmit through the Website or our services (User Content) will remain your or your licensor’s property. We will not claim ownership over the User Content you provide to us. All of your User Content remains yours.
(b)    You acknowledge and agree that:
(i)    you grant to us an unconditional irrevocable, worldwide, perpetual, full paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt, publish, transmit, distribute, communicate, translate, display and create derivate works of any User Content, in connection with the Website (this includes without limitation the right to authorise other users and third parties to view, access, use and/or transmit your User Content). This licence is solely granted for the purposes of providing and improving our services (including the Website). We also reserve the right to cut, crop, edit or refuse to publish your User Content;
(ii)    you grant us a royalty-free licence to use your name, image and likeness to identify you as the User Content creator; 
(iii)    you warrant that you own or have the necessary licences to post such User Content and that any User Content you provide us with will not infringe any rights of any third party (including intellectual property rights or confidentiality obligations) nor give rise to any liability to make royalty or other payments to any third party;
(iv)    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;
(v)    all rights granted to the User Content under these Terms and Conditions will also apply to third party services that are integrated with the services;
(vi)    other users may be able to also extract such User Content; 
(vii)    we will not be liable in any way for any User Content; 
(viii)    we are not liable or responsible for any loss that you may experience in submitting User Content to us or for our use of your User Content in accordance with the licence granted; and
(ix)    you must not falsely express or imply a relationship between you and us.
(c)    When you provide us with information you agree to allow us to distribute or use that information as we consider necessary and in accordance with our Privacy Policy accessible on the Website.
6.3    Content others provide
Other users may also make content available for you to access on the Website. Where they do so, you acknowledge that you may only access and view this content for your information and personal use. You are not permitted to copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any other content without our consent or the consent of the licensors of such content.
6.4    Goodwill
You acknowledge and agree that we may increase goodwill of the Website by your use of the Website, including the submission of User Content to the Website. You acknowledge that all goodwill associated with the Website inures exclusively to our benefit and that you have no right to share in any such goodwill and no monetary amount will be assigned as attributable to any goodwill associated with your use of the Website. You have no right to monetise or obtain consideration from any User Content within the Website.
 

7.    YOUR ACCOUNT
7.1    You do not need to set up an Account to use the Website generally. However, if you wish to make use of additional features (such as booking appointments), you may need to register with us and set up an Account with your email address, a password and other personal information. You are solely responsible for maintaining the confidentiality of your login details and you are liable for all activities that happen under your Account, even if you do not authorise such activities. 
7.2    If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. Please contact us immediately if you believe your Account has been compromised or misused in any way.
7.3    You are responsible for correctly setting up your Account and for any information you provide us.
 

8.    ACCESS AND TERMINATION
8.1    We reserve the right, at any time and without prior notice to remove or disable:
(a)    access to this Website or any part of it for any reason; and
(b)    any user that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Website or the interests of other users, 
and we will not be liable to you for any Loss that you incur in the event that we do this. 
8.2    You may delete your Account at any time by following the prompts on the Website (for Account holders).
8.3    The termination of your access to the Website is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us. 
 

9.    BLOG
9.1    The content provided in the blog and in any linked or referred to materials or websites is not and should not be construed as medical advice. If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical practitioner.
9.2    Nothing contained in the blog is intended to establish a doctor-patient relationship between us and you, to replace the services of a medical practitioner, or otherwise to be a substitute for professional medical advice, diagnosis or treatment.
9.3    You should not rely on any information contained in the blog or linked or referred to materials or websites in making medical, health-related or other decisions.
 

10.    SHARING
10.1    We may make content available for you to share on the Website. Where such content is made available, you must ensure that such sharing is properly credited to us including a link back to us, and comply with any other instructions we may specify. Your licence to share such content is by revocable and limited right. Where you share our content, you do so at your own risk. We will not be liable in any respects for any content that you share.
 

11.    LINKS
11.1    Our Website may contain links to or from other third-party websites which we have no control over. We are not responsible for the content or use of these other websites (including any virus, or disturbing or harmful content) and you access them at your own risk. 
11.2    You acknowledge and agree that by utilising any third-party services through our Website (such as PayPal or any other payment provider) you are bound by the terms and conditions of that third party. 
11.3    You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party (such as PayPal) terms and conditions when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms. We are not party to any transaction between you and a third party. For example, if you incur a debt to a third party payment provider in connection with a purchase through the Website, you are solely liable for that debt and you acknowledge that we are unrelated to, and have no control over that third party payment provider. 
11.4    In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
 

7.    DISCLAIMER
7.1    You acknowledge and agree that your use of this Website and the Services is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website. Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties.
7.2    You acknowledge and agree that:
(a)    while we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i)    the Website will be error-free or uninterrupted, or that your use of the Website will provide any specific results;
(ii)    the Website will be accessible at all times;
(iii)    information you receive or supply through the Website will be secure or confidential; or
(iv)    any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice; and
(b)    we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not.
 

8.    LIMITATION OF LIABILITY
8.1    Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
8.2    Without limitation to clause 8.1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
(a)    your use or inability to use this Website in any way;
(b)    your reliance on the Website;
(c)    any act, omission or default, whether negligent or otherwise of any third party;
(d)    any Loss occasioned by any third party; or
(e)    any action taken on your Account.
8.3    Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with the Services, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the total fees paid by you for that Service in the previous 12 month period.
8.4    We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with the Services.
8.5    Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
8.6    If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option to the resupply of the services or the payment of the cost of resupply.
8.7    This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms and Conditions or your use of our Services. 
 

9.    INDEMNITY
9.1    You agree to indemnify and hold us and our Related Parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and claims made by third parties, due to or arising out of:
(a)    your use or inability to use this Services in any way;
(b)    your breach, negligent performance or failure or delay in performance of these Terms and Conditions by you;
(c)    any act or omission by you; or
(d)    any action taken on your Account.
9.2    Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim. 
9.3    Except where expressly stated to the contrary in these Terms and Conditions, the rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under these Terms and Conditions or by law.
9.4    It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
9.5    The indemnities in this clause:
(a)    are continuing obligations on you, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
(b)    are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability. 
 

10.    SECURITY & ACCESS
10.1    You are solely responsible for any information that you transmit to us. Whilst we use reasonable endeavours to maintain the security of the Website to Australian standards, we do not guarantee the security of the Website, our records, or any information you submit to us. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
10.2    In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access. 
11.    PRIVACY
11.1    By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you, and for any other purposes we consider reasonable. Such use will be compliant with the terms of our Privacy Policy (accessible on the Website).
 

12.    GROUPS
12.1    Where we use social media pages or groups run by us, such pages will only be used to advertise our products and services and to facilitate community interaction. Such terms found herein as they relate to providing information will apply to your use of our social media pages or groups.
 

13.    GENERAL PROVISIONS
13.1    No Waiver
No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms and Conditions unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
13.2    Assignment, Novation and Other Dealings  
(a)    Any rights of ours that arise out of or under these Terms and Conditions are assignable and capable of novation by us in our discretion and without notice or your prior written consent.
(b)    Any rights of any user that arise out of or under these Terms and Conditions are not assignable or capable of novation by the user without our prior written consent.
13.3    Severability 
(a)    If the whole or any part of a provision of these Terms and Conditions is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
(b)    Clause 13.3(a) does not apply if the severance of a provision of these Terms and Conditions in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms and Conditions as determined by us. 
13.4    No Merger
On completion or termination of these Terms and Conditions, the rights and obligations of the parties set out in these Terms and Conditions will not merge and any provision that has not been fulfilled remains in force.
13.5    Survival
Any clause which by its nature is intended to survive termination or expiry of these Terms and Conditions will survive such termination or expiry. 
13.6    Further Action
Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms and Conditions and the transactions contemplated by these Terms and Conditions.
13.7    Relationship of the Parties  
(a)    Nothing in these Terms and Conditions gives a party authority to bind any other party in any way.
(b)    Nothing in these Terms and Conditions imposes any fiduciary duties on a party in relation to any other party.
13.8    Remedies Cumulative  
Except as provided in these Terms and Conditions and permitted by law, the rights, powers and remedies provided in these Terms and Conditions are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms and Conditions.
13.9    Entire Agreement  
These Terms and Conditions state all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.
13.10    No Reliance  
No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms and Conditions.
13.11    Governing Law and Jurisdiction  
(a)    These Terms and Conditions are governed by the law in force in the State.
(b)    Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms and Conditions.
(c)    Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 13.11(a) on the basis that:
(i)    any proceeding arising out of or in connection with these Terms and Conditions has been brought in an inconvenient forum; or
(ii)    the courts described in clause 13.11(a) do not have jurisdiction.
 

14.    DEFINITIONS & INTERPRETATION
14.1    Definitions
Unless the context requires otherwise, the following words and phrases in these Terms and Conditions shall have the following meanings:
(a)    Account: a user’s online account to use our Services.
(b)    ACL: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
(c)    Applicable Laws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located or which in any way govern or affect the use of the Services, including the laws of the State. 
(d)    Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), 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 or expenses (howsoever arising or caused, including, without limitation, negligence).
(e)    Privacy Policy: our privacy policy accessible on the Website.
(f)    Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth)), our officers, directors, agents, and employees.
(g)    State: Queensland, Australia. 
(h)    Website: mypsychclinic.com.au including all content, trade marks, and related services, products, websites, tools and applications.
(i)    you: the person or entity that accesses the Website and your has a corresponding meaning. 
14.2    Interpretation
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a)    a reference to a person includes any other legal entity and vice versa;
(b)    words importing the singular number include the plural number and vice versa;
(c)    a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(d)    headings are for reference purposes only;
(e)    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;
(f)    references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
(g)    unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
(h)    an obligation of two or more parties binds them jointly and each of them severally. 
 

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