Terms of Use
1. User Agreement
1.1 These terms and conditions (Terms) apply to any person (User or you) using our online platform via the Application and/ or Website (Platform). If you are booking an appointment on the Platform and are under the age of 18, any reference to “User” or “you” includes your guardian.
1.2 You acknowledge that our Platform is owned and operated by PaxAnimi Platform Pty Ltd (ACN 104 410 233) as trustee for PaxAnimi Platform Unit Trust trading as Pax Psychology (and each of its subsidiaries, Affiliates, associated companies and related entities) (Pax Psychology, our, us, we).
1.3 You agree to these Terms and our Privacy Policy found here (INSERT URL) (Privacy Policy) when you:
( a ) create an account with Pax Psychology (Pax Psychology Account);
( b ) visit, access or use the Platform;
( c ) otherwise deal with the Platform or Pax Psychology.
1.4 If there is any inconsistency between these Terms and any other communication from Pax Psychology, these Terms will prevail (unless we say otherwise).
1.5 If you do not agree to any of these Terms, you are unable to use the Platform.
1.6. Pax Psychology may amend these Terms at any time and will publish the revised terms and conditions on the Platform. By continuing to use the Platform, you will be deemed to have accepted any revised terms.
2. Account
2.1. You may be required to create usernames, passwords or other identification or authentication information to create a Pax Psychology Account (Access Information).
2.2. By creating a Pax Psychology Account, booking an appointment with a Psychologist, or registering as a Psychologist on our Platform, you:
( a ) confirm that all information you have given us in connection with your registration is complete, true, and correct at the time it is given;
( b ) confirm that you have read and understood all the information in these Terms and that you agree to act in accordance with them;
( c ) accept that it is your responsibility to ensure that the personal information you provide to us is kept current. Any changes to your name, address, email address, phone number or other details should be sent to us as soon as practicable;
( d ) warrant:
i. that you will comply with all Applicable Laws;
ii. if you are registering as a Psychologist, you are over the age of 18 and hold all valid authorisations, licenses, Accreditations, insurances and registrations required in Australia to lawfully practice psychology; and
iii. if you are booking an appointment with a Psychologist, you are over the age of 18
2.3. You are solely responsible for the activity that occurs on your Pax Psychology Account and you must keep your Access Information secure and protect it from unauthorised access or use. If you suspect or become aware of any unauthorised use of your Pax Psychology Account, or that your Access Information is no longer secure, you must notify us immediately.
2.4. We store and use your Access Information and any Personal Information (if applicable) in accordance with our Privacy Policy.
3. Scope of Services
3.1. The Platform enables accredited psychologists registered with Pax Psychology (Psychologists) to deliver psychology and counselling services via video link to Users.
3.2. By using the Platform, you enter a direct and legally binding contractual relationship with Pax Psychology. However, you understand and agree that we act solely as an intermediary between Users and Psychologists. We are not responsible for the provision of psychology or any other medical services. While we use our best endeavours to connect you to a Psychologist suitable for your needs, we do not guarantee or warrant that the Platform will result in any particular clinical outcome or that the Psychologist will meet your needs.
3.3. The Platform is not suitable for emergency medical treatment. If you are in a medical emergency or are considering harming yourself or others, please immediately contact emergency services by calling “000.” You can also contact Lifeline 24 hours a day on 13 11 14 or visit Lifeline on www.lifeline.org.au.
3.4. The information that we disclose about the Psychologists on the Platform is based on the information provided to us by the Psychologists. Although we will use reasonable skill and care in providing information about the Psychologists on the Platform, we cannot guarantee that all information about the Psychologists on the Platform is accurate, complete or correct. You agree that we are not responsible for:
( a ) any errors (including manifest and typographical errors);
( b ) any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise); and/or
( c ) inaccurate, misleading, or untrue information or non-delivery of information.
3.5. Each Psychologist is responsible for the accuracy, completeness and correctness of their information (including the fees and availability) displayed on the Platform. Any information about the Psychologists on the Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or rating of any Psychologist.
4. Privacy Policy
4.1. Your privacy is important to us. Our Privacy Policy is incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your Personal Information. We will manage your personal information in accordance with our Privacy Policy. You can find a copy of our Privacy Policy on the Platform https://paxpsychology.com.au/privacy-policy/.
4.2. To the maximum extent permitted by the Applicable Laws, we exclude all liability relating to the collection, use, disclosure or storage of your personal data by us or any third party with whom we are required to share your personal data.
5. Medical Disclaimer
5.1. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing on the Platform or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
5.2. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Platform and engage with a Psychologist.
5.3. You agree that neither we, nor any of our Affiliates, service providers and/or suppliers, warrant or make any representation about the Platform, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, services or offers. Your use of the Platform is at your sole risk.
5.4. The Platform does not provide medical services or advice, is not designed for medical purposes and is intended only for connecting Users with Psychologists. The Platform does not claim to diagnose, treat or cure any disease nor investigate, replace, modify the anatomy or physiological or pathological process or state of the human body. The Platform should never replace professional medical advice or diagnosis.
5.5. By downloading the Application and/or using the Platform, you acknowledge that:
( a ) understand that the Platform does not provide medical advice;
( b ) will not rely on the information in the Platform;
( c ) release Pax Psychology from any liability or damages in relation to any advice received from a Psychologist;
( d ) the relationship between you and a Psychologist is separate to your relationship with Pax Psychology, and will form a separate legal agreement;
( e ) you have read and understood this Disclaimer; and
( f ) you agree to be legally bound by this Disclaimer.
5.6. If you do not agree to be legally bound by this Disclaimer, we ask that you do not download the Application, create a Pax Psychology Account, access or use the Platform.
6. Fees
6.1. For each consultation that you book with a Psychologist using the Platform (Session), you agree to pay the fees displayed on the Platform or Website (Fees).
6.2. All Fees are payable in full on booking a Session using the Platform.
6.3. We use third-party payment processors including Stripe and HubSpot to process all Fee payments and applicable Medicare or private health insurance rebates. Third party terms and conditions apply to this service. We strongly encourage you to read the terms and conditions and privacy policies of any third-party payment processors you use to pay the Fees.
6.4. You agree to pay any third-party payment processing fee (including any GST if applicable) at the time of booking a Session.
6.5. We will issue you with a tax invoice when you pay us the Fees to the email address you provide us when you create a Pax Psychology Account.
6.6. We do not make any representation or warranty that you will be eligible for any Medicare or private health insurance rebate in relation to the Fees.
7. Cancellation Policy
7.1. We may provide you with a full refund of any Fees that you have paid if you cancel your scheduled Session at least 24 hours before to the Session start time. If you cancel your Session after this time, you will forfeit the full Fees payable for the Session.
7.2. Any fees charged by third-party payment processers are not refundable under any circumstances.
7.3. If eligible, to request a refund in accordance with clause 7.1, please contact: info@paxpsychology.com.au
8. Use of and Access to the Platform
8.1. Subject to these Terms, and creation of a Pax Psychology Account, Pax Psychology grants you a revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, royalty free right to access and use the Platform, for non-commercial purposes (excluding Psychologists).
8.2. Pax Psychology warrants and represents that it is the owner or licensee of the Platform and that in accessing the Platform in accordance with these Terms, you will not infringe the Intellectual Property Rights of Pax Psychology or any third party.
8.3. By accepting these Terms and using the Platform, you acknowledge and accept that:
( a ) the Application, Website, information, safety messages and warnings may include incorrect information, technical inaccuracies and typographical errors;
( b ) the information displayed on the Platform will change from time to time without notice to you and it may not be accurate, complete or up to date at the time you use it; and
( c ) it is your responsibility to protect your own property, devices, system and your data usage when using the Platform.
8.4. We are not able to guarantee that your access to the Platform will be uninterrupted or that the Platform is free from Viruses or any other malware which may damage any computer, device, computer software or data using the Platform.
8.5. You must not:
( a ) use the Platform in any way that could damage the reputation of Pax Psychology, any User, or any Psychologists or the goodwill or other rights associated with the Platform; or
( b ) reproduce, make corrections to or otherwise modify or adapt the Platform, or create any derivative works based upon them.
8.6. We may suspend, terminate or restrict a User’s access to a Pax Psychology Account or access to the Platform as a result of a breach or suspected breach of these Terms. If this occurs, you may be prevented from accessing all or parts of the Platform or your Pax Psychology Account. Pax Psychology will not be liable to you or any third party for suspending, terminating or restricting a User’s or a Psychologist’s access to the Platform or a Pax Psychology Account as a result of a breach or suspected breach of these Terms.
9. Maintenance
9.1. You agree that Pax Psychology may conduct Platform maintenance from time to time.
9.2. Pax Psychology may update the Platform from time to time to enhance or improve the quality, functionality or operation of the Platform (Update). Pax Psychology may or may not require you to accept the Update. You acknowledge that if you fail to accept an Update, your ability to access the Platform may be adversely impacted.
9.3. You agree and acknowledge that:
( a ) your access to or use of the Platform may be suspended or terminated due to Force Majeure;
( b ) the Platform is hosted on and supported by servers, internet connections, networks, and other software and/or hardware that are not provided by nor in the control of Pax Psychology and for which Pax Psychology is not responsible under these Terms or otherwise;
( c ) access to and use of the Platform may be affected by such external factors as speed of connection from your equipment to the servers supporting the Platform at any given time, which factors are beyond the control of Pax Psychology; and
( d ) Pax Psychology will not be liable to you for any loss arising in connection with any lack of availability or use of, or access to, or failure, defect, interruption or limitation of the Platform whatsoever.
10. Links and functionality provided by Third Parties
10.1. The Platform may include:
( a ) functionality that is provided by third party software providers; and
( b ) links to other websites, content or resources.
10.2. These linked websites, content software or resources may be operated by third parties and Pax Psychology has no control over the operation of such websites, content, software or resources.
10.3. We do not endorse any third party operated links, websites, software or content and are not responsible for their material or functionality.
10.4. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site, content or software that you visit or utilise.
11. Intellectual Property
11.1. Subject to clause 10, everything displayed on the Platform, including without limitation all information, images, audio files, graphics, illustrations, artwork, content, names, logos, trademarks, copy writing, and design features are our property, or property that we have been licenced or assigned the right to use (Pax Psychology Intellectual Property).
11.2. The Pax Psychology Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use the Pax Psychology Intellectual Property for any other purpose other than to use and access the Platform or your Pax Psychology Account in accordance with these Terms.
11.3. You acknowledge that if you copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast, circulate or exploit any Pax Psychology Intellectual Property, you will be in breach of these Terms which may result in Pax Psychology suffering loss and damage as well as the suspension, termination or restriction of a User’s or a Psychologist’s access to the Platform or a Pax Psychology Account.
12. Confidential Information
12.1. You accept that you are responsible for maintaining the confidentiality of any information that you download. It is also your responsibility to delete or keep safe messages, emails and any transcripts of online conversations that you download or print out.
12.2. You explicitly agree not to forward or copy email messages or other electronic communications from Users to other persons (“User advice”), except in circumstances where this has been consented to in writing by the User. You may not copy or use User advice out of context or pass on the User advice to any third party.
13. Data Security
13.1. Your data is collected, used and stored in accordance with our Privacy Policy and the Australian Privacy Principles.
14. Indemnity
14.1. You will at all times indemnify, and agree to keep indemnified, Pax Psychology and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Pax Psychology arising from any claim, demand, suit, action or proceeding by any person against you or against Pax Psychology where such loss or liability arose out of, in connection with or in respect of your use of the Platform, your Session with a Psychologist or breach of these Terms, including any costs of enforcement.
15. Limitation of Liability
15.1. You agree that your use of and access to the Platform and receipt of any and all Psychologist advice (Psychologist Advice) is subject to you acknowledging and agreeing that:
( a ) to the full extent permitted by law, Pax Psychology is not responsible for your or any other person’s injury, harm, loss or damage suffered or caused directly or indirectly arising from the use or access of the Platform or Psychologist Advice;
( b ) your use of the Platform and Psychologist Advice is at your own risk and you will hold us harmless for any loss or damage that you or any third party suffers in connection with the use of the Platform or Psychologist Advice; and
( c ) subject to any law, such as the Australian Consumer Law, our maximum liability to you will be limited to any Fee that you have paid to use and access the Platform.
15.2. Pax Psychology will endeavour to provide the Platform with due care and skill but does not warrant that any services will be provided without fault or disruption. To the extent allowed by law, Pax Psychology excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Platform.
15.3. Pax Psychology does not warrant, endorse, guarantee or assume responsibility for any act or omission of a Psychologist, or any other product or service advertised or offered by a third party on the Platform or any linked website.
15.4. To the maximum extent permitted by the Applicable Law, we expressly exclude liability for any:
( a ) Loss, damage (whether direct, indirect, special, incidental, or consequential) or expense that you may incur or suffer (as the case may be) in connection with your use of, or inability to use, our Platform; and
( b ) Loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third party (including, without limitation, other app users, third party service providers and controllers of third party websites) regardless of whether the relevant acts or omissions occur on our Platform.
15.5. From time to time, we may promote certain practices and provide external resources relating to mental health by for example, providing information and resources relating to general mental health. Such information is provided by us for informational purposes only and is not intended to, and does not in any way, constitute the provision of medical advice. Before acting in accordance with the information provided on our Platform (in whole or in part), you should obtain the appropriate advice from a qualified medical professional and act in accordance with their advice. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
16. Transfer and Assignment
16.1. In the event that Pax Psychology merges, sells or otherwise undergoes a change in the control of its business or the Platform to a third-party, it reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights that it has collected from you and any agreements between you and Pax Psychology.
17. Waiver
17.1. If Pax Psychology does not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by Pax Psychology.
18. Law and Dispute Resolution
18.1. These Terms and any agreement between Pax Psychology and a User will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia. For the avoidance of any doubt, the User acknowledges that if they reside outside of Australia and access the platform, the User will be governed by the laws of Victoria, Australia.
18.2. If any dispute occurs between us, we will act in good faith in an effort to resolve it through direct negotiation with you. If this is unsuccessful, either of us may request that the dispute is referred to mediation, and any dispute not resolved by negotiation or mediation will be resolved by the courts.
18.3. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms or any agreement between Pax Psychology and the Users the severed part will not affect the validity and enforceability of any remaining provisions.
19. Entire Agreement
19.1. These Terms form the entire agreement between us and you in relation to the Platform and your use of it.
20. Information Provided on the Platform
20.1. All information provided by us on the Platform is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time, but you acknowledge that the information on the Platform may not be the most current. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated), we make no guarantees of any specific result from use of this Platform, or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Platform.
21. Definitions
Accreditation means current registration and accreditation by the Australian Health Practitioner Regulation Agency (as amended or superseded from time to time) and any other qualifications, registrations or accreditations to enable the Psychologist to legally practice as an unsupervised psychologist in Australia during the Term (which excludes Provisional Psychologists).
Affiliate means in relation to a Party: a person that controls or is controlled by that Party; and a Related Body Corporate of that Party, as defined in the Corporations Act.
Applicable Laws means any laws, legislation or regulation applicable in this jurisdiction in which you access the Platform.
Application means the mobile software providing an interface into the Platform.
Corporations Act means the Corporations Act 2001 (Cth).
Intellectual Property Rights means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them.
Force Majeure means any act or event caused by any factor that is not within the reasonable control of Pax Psychology, including without limitation, act of God; war; national emergency; a pandemic; cyber-attack; explosion; damage to telecommunications infrastructure or internet services..
Personal Information has the meaning given to it in the Privacy Act.
Privacy Act means Privacy Act 1988 (Cth) as amended from time to time.
Viruses means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
Website means the website with the designated URL www.paxpsychology.com.au and its associated services and/or functionality.