Terms and Conditions
Kaitlin Harkess (ABN 80 610 569 959) owns, operates and provides this Website and provides the Services.
1. Accessing the Website or Services
1.1 By accessing this Website or the Services, you agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you must not use the Website or access the Services. All materials contained in this Website and provided via the Services are protected by applicable intellectual property law.
1.2 Use of parts of the Website or Services (including those parts which are accessible to members of the public) may also be subject to disclaimers or additional terms, which are incorporated into these Terms and Conditions.
1.3 We may in our sole and absolute discretion, for any reason or no reason, and without notice (but subject to any statutory law):
(a) alter or withdraw any functionality on the Website or Services;
(b) withdraw or suspend access to all or any part of the Website or Services and any Account;
(c) monitor the use of the Website or Services;
(e) edit or remove any material that you may have uploaded, posted, emailed or otherwise transmitted to us or via the Services.
1.4 IF YOU ARE SUICIDAL OR AT RISK OF HARMING YOURSELF OR OTHERS CALL:
(a) 000 for emergency assistance;
(b) 13 11 14 for Lifeline – a free and confidential crisis support service;
(c) 1800 55 1800 for Kids Helpline – a free and confidential counselling service for young people aged 5 to 25; or
(d) your local emergency number if you are outside of Australia.
1.5 You must not use the Website or the Services if you are:
suicidal, or at risk of harming yourself or others; or
currently intoxicated from the use of alcohol or drugs; or
under the age of 18 in relation to Clinical Services, unless agreed between us and your parent or guardian; or
, residing outside of Australia in relation to Clinical Services. This is due to the registration requirements of the Australian Health Practitioner Regulation Agency (AHPRA)/Psychology Board of Australia.
2. Services and limitation of liability
Clinical and General Services
2.1 From time to time, we may offer Clinical Services where expressly stated and agreed. Otherwise, we do not provide medical or individualised psychological treatment and all General Services (except for Coaching) do not take into account your personal needs or circumstances.
2.2 General Services are provided via online videos, audio, articles, electronic documents or other methods as available from time to time. Coaching may be provided in person, or via telephone or online video conference.
2.3 Clinical Services, if offered to you, will be conducted either in person, via telephone or online video conference, and in accordance with any regulations or codes of practice issued by Medicare or the Australian Health Practitioner Regulation Agency (AHPRA) / Psychology Board of Australia.
2.4 While every effort is made to ensure that the Content and our General Services are accurate and up to date, we make no representations or warranties in relation to the accuracy, usefulness or completeness of the information provided.
2.5 Except for Clinical Services, our Services should not be taken to constitute professional advice, treatment or a formal recommendation. Subject to applicable statutory law, we exclude all representations and warranties relating to the Content and use of any information or Services, including in respect of whether any outcome can or is likely to be achieved as a result of the Services.
2.6 The Content is based on material and research relating to psychology and wellness. Outside of Clinical Services, the Content is not intended as a substitute for a clinical psychologist, medical practitioner or other health professional’s advice and should not be used for that purpose. We, our agents and employees actively discourage any self-diagnosis or self-medication. You should disregard any suggestion or Content to the contrary.
2.6 Outside of Clinical Services and Coaching, all information provided is of a general nature only. We have not taken into account your individual needs and circumstances. It is your sole responsibility to ensure that the Content and Services provided meet your needs and requirements.
General Services and consulting your medical practitioner
2.7 You should consult your medical practitioner or other health professional regarding the applicability of any Content, opinions or suggestions made in the provision of the General Services with respect to any symptoms, medical or psychological condition.
2.8 The information provided via the General Services should not be used other than in conjunction with and in accordance with advice and a treatment program recommended by your medical practitioner or other health professional. Under no circumstances should you cease taking prescribed medication without your medical practitioner’s approval. You should consider the applicability of these opinions to your lifestyle and physical condition. You should consult your medical practitioner or other health professional before any change in lifestyle or commencing an exercise programme.
2.9 You agree that due to the online and general nature of the Content and Services provided, we are unable to ascertain all relevant information regarding your needs and circumstances and therefore we cannot be responsible for any adverse effects from your use of the General Services or Content, which you use at your own risk.
2.10 Psychological health is complicated and influenced by factors outside of our control. We therefore make no warranty of success in your use of the Website, Content or Services.
3. Your Licence – Website and Content
3.1 Permission is granted to view and use the Content for your personal, non-commercial purposes only. The Licence for Paid Content is only granted on payment of the relevant Fee.
3.2 This is a grant of a licence, not a transfer of title, and under this licence you may not:
(a) modify or copy the Content;
(b) use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Website;
(d) remove any copyright or other proprietary notations from the Content; or
(e) transfer the materials to another person or "mirror" the Content on any other server.
3.3 Your licence under this clause shall automatically terminate if you breach any of these Terms and Conditions. In addition, we may at our discretion, terminate the licence (but not for Paid Content). Upon termination of the licence, you will have no right to view the Website or any of the Content and you must destroy any downloaded materials in your possession or control, whether in electronic or printed format.
4. Use of the Website
4.1 You must not, in connection with the use of the Website or Services, act in a manner which:
(a) is contrary to any law or any person’s rights, or which may encourage a person to act in a way which is contrary to any law or any third-party’s rights;
(b) may result in damage to the Website or any of our property or equipment or that of our directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other person from using or enjoying the Website or Services;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by us;
(f) upload, post, email or otherwise transmit any of the following to, or through, the Website or the Services:
(i) confidential material (except to us in the context of receiving Clinical Services);
(ii) misleading or deceptive material;
(iii) material which you do not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;
(g) alter, damage or delete any material on the Website;
(h) hold yourself out as having any authority to act on behalf of us; or
(i) collect or store personal information about others in a manner which is inconsistent with these Terms and Conditions.
4.2 You must obey our lawful instructions in using the Website and Services.
5. Accounts and purchases
5.1 In order access the Services, you may first be required to register a personal, individual account by creating a username and a password and by providing such information as may be required by us from time to time, including your real name, contact telephone number, and if required, billing address, bank account details and a valid credit or debit card that we approve and accept.
5.2 Account names must not be:
(a) misleading or deceptive;
(c) in violation or any law or third-party rights.
5.3 We may, at out sole discretion and for any or no reason, refuse registration of, or cancel an Account.
5.4 You are solely responsible for activity on the Account, including purchases of Goods, Services and Paid Content and are responsible for maintaining the confidentiality of the Account password.
5.5 You may access certain Goods, Services and Paid Content by paying the Fee as set out on the Website.
5.6 Access to Paid Content is personal to you and may not be copied, transferred or distributed without our express written consent.
5.7 Unless otherwise stated, all Fees exclude any applicable GST.
5.8 We use third-party payment gateway providers to facilitate payments. By using the services provided by the third-party payment providers, you agree to the third-party payment provider’s terms and conditions of use.
Identifying information such as name and date of birth;
contact information such as home address, home and mobile phone numbers and email address; and
health and psychological history and symptoms
6.3 We may use personal information collected from you to provide you with information, updates and our Services. We may also make you aware of new and additional products, services and opportunities available to you, provided by us. We may use your personal information to improve our products and services and better understand your needs. If you do not want your personal information to be used for marketing purposes, you can "opt-out" by emailing or unsubscribing.
6.4 We may contact you by a variety of measures including, but not limited to telephone, email, sms or post.
7. Clinical Services
7.1 Payment in full is required after each session. If payment is not made within the time requested, subsequent appointments will be cancelled and Clinical Services will be suspended.
7.2 If you are eligible for Medicare rebates for Telehealth services (i.e. you live in a rural and remote area which is eligible for Medicare rebates) you are required to have a current Mental Health Care Plan from your general practitioner (“GP”) and a referral letter addressed to “Dr Kaitlin Harkess”.
7.3 You need to supply a copy of your Mental Health Care Plan to our service at, or before your first appointment.
7.4 After each appointment your Medicare rebate will be processed and deposited in the account you have nominated with Medicare. If for any reason Medicare finds you are not eligible for a rebate you agree to bear the full amount for the appointment.
7.5 If you are accessing the Clinical Services with Medicare rebates you will need to have a GP review before your seventh (7th) appointment. This needs to occur before the appointment otherwise your credit card will be charged the full amount for this appointment.
7.6 If you have booked an appointment and want to reschedule or cancel you must inform us at least 48 hours before the appointment or you will be charged $60.00 as a cancellation fee .
7.7 If you do not cancel the session before your appointment no refund will be given.
7.8 If you receive Clinical Services from us, you can review the Australian Psychological Society Charter for Clients of Psychologists at www.psychology.org.au (“Charter”) which explains your rights as a client of a psychologist. To the extent that any of these terms and conditions conflict with the Charter, the Charter takes precedence to the extent of such conflict.
8. Intellectual Property
8.1 The Intellectual Property Rights in the Content and all material supplied by us via the Services or on the Website are owned by us.
8.2 Access to Content and all material supplied by us is granted to you by way of a revocable non-exclusive licence and no Intellectual Property Rights are assigned or otherwise transferred to the you by these terms and conditions.
9. No warranties and your indemnity
9.1 To the extent permitted by law, we exclude all representations and warranties, express or implied, other than those contained in these terms and conditions. Where we are found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), our liability is limited (to the extent permitted by law) at our option to the following:
in the case of goods supplied or offered by us:
to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by us:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
9.2 Neither we nor our related bodies corporate, directors or employees accept liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) your use of or inability to use the Website or the Services,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website or the Services;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) to the maximum extent permitted under law, our negligence or the negligence of any of our related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
9.3 You indemnify us, our related bodies corporate, officers and employees, and service providers) from and against all:
(a) liability to any third-party;
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to that your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, your performance, or the failure to perform them.
10. Revisions and Errata
The materials, including the Content on our Website or communicated in the course of providing the Services could include technical, typographical, or other errors. We do not warrant that any of the Content is accurate, complete, or current. We may make changes to the Content at any time without notice. We do not, however, make any commitment to update the Content.
11. Links and Advertising
We have not reviewed sites linked to or from the Website or third-party advertising. All links and advertising provided are for your convenience only, and we are not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by us of the relevant site, goods or services. Use of any such linked website or advertising is at your own risk.
We may revise these Terms and Conditions at any time without notice. By using this Website or the Services, you are agreeing to be bound by the then current version of these Terms and Conditions.
13. Governing Law
Any claim relating to these Terms and Conditions or the use of the Website or Services shall be governed by the laws of the State of South Australia, Australia without regard to its conflict of law provisions, and you agree to submit to the jurisdiction of the Courts of that State.
If any provision of these Terms and Conditions is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
Account has the meaning set out in 5.1.
Clinical Services means the individualised assessment and treatment of psychological conditions, if made available by us and in accordance with applicable rules and laws governing clinical psychology from time to time.
Coaching means positive psychological coaching that promotes wellbeing, happiness, good psychological functioning and positive functioning.
Content means the information provided on our Website, and in the course of the Services and includes audio and video content, documents and electronic materials, and includes Paid Content if you have paid the relevant Fee.
Fee means the amount payable by you for Content, Goods or Services as shown on the Website from time to time.
General Services means the provision of an online platform that provides access to general psychological practices, adjunct therapies, information and related goods and services including Content and Paid Content without consideration of individual needs, and Coaching but excludes Clinical Services.
Goods means any goods made available via the Website.
GST means Goods and Services Tax, as applicable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to copyright (including ancillary rights such as Moral Rights), trade marks, designs, patents, circuit layouts, business and domain names, inventions and Confidential Information, and other results in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include:
(a) all rights in all applications to register these rights; and
(b) all similar or corresponding rights.
Moral Rights means the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment), the right of attribution of authorship of a work, and the right not to have authorship of a work falsely attributed, as defined in the Copyright Act 1968 (Cth).
Paid Content means Content that is accessed via the payment of a Fee.
Services means Clinical Services and General Services.
you means any person accessing the Website or Services provided by us.
we, our, us means Kaitlin Harkess, ABN 80 610 569 959.
Website means the domain http://www.embodiedpsychology.com.au and all sub-domains, as well as any social media account held or operated by us.