Practitioner Terms And Conditions

These Terms of Use ("Terms") apply to all Advertisers on this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms, we cannot accept your listing.

These Terms may be amended at any time. Notification of the amended terms may be sent to you by email or as a general notice posted to your account. The amended Terms will then take effect from the next time you log into the website or use the website. If you do not agree with the amendments, then you must stop using your account and the website. Your continued use of the website is subject to our current Terms as amended from time to time.

DEFINITIONS

"Advertiser" means a practitioner advertiser who has set up an account and offers their Services through the website.

"Practitioner Profile Listing" is the advertisement for each Advertiser in the directory on our website.

"Content" means any and all material, links, words, and images including but not limited to any goods and services, publications, answers to questions, and Practitioner details the Advertiser submits, advertises or links to the website.

"Customers" means any clients you obtain through advertising your professional services in the online practitioner directory on our website.

"Practitioner" means an Advertiser who practises in a service category on our website and meets the eligibility criteria in these Terms.

"Services" means the services you provide to customers including any Content you submit to us.

"the website" means www.goodtherapy.com.au.

"We", "our" and "us" means Good Therapy Australia (ACN 116 421 106), including its directors, officers, employees, contractors.

"You" means the Advertiser using our advertising and any associated services and by doing so, agree to these Terms.

ACCOUNTS

You must register and set up your account in order to advertise your business and Services on our website.

You agree to ensure that your registration details are accurate, up to date and you ensure that you keep your user name and password (the "login information') confidential and private at all times.

We will notify you of important information regarding the website, the Content, and your Practitioner Profile Listing by email, as the need arises.

You agree to notify us immediately in the event that you cease to practise as a counsellor, psychotherapist, psychologist or social worker; or you no longer satisfy the eligibility criteria below.

ELIGIBILITY CRITERIA

We have policies and procedures in place to ensure the users of our website are connected with trustworthy and reliable service professionals. To be listed on the website you must satisfy the following eligibility criteria including any additional criteria posted on our website, and pass any verification checks.

You must have updated current qualifications, certifications, accreditations, and licences required to practise in your field and to provide the Services you are seeking to advertise on our website; be registered with the Australian Health Practitioner Regulation Agency (AHPRA) or have a current membership with an approved related professional association; and have current professional indemnity insurance.

If our verification checks indicate that a Practitioner does not satisfy any of the eligibility criteria, we will notify the Practitioner of the outcome and the reasons and provide the Practitioner with a timeframe nominated by us to satisfy the outstanding criteria. Please note: we may but are not obliged to do all or any checks or verifications at any time.

PAYMENT TERMS

- You must pay an annual subscription fee and any additional fees for any Services you use;

- The fees for our Services are shown on our website or registration form and you agree to pay any and all fees which apply to you;

- We reserve the right to change our prices at any time;

- We retain the right to change the features and privileges of the subscription to the website, including, but not limited to, limiting or terminating the services;

- Payment is made via PayPal, Mastercard or Visa or direct transfer to our bank account.

- Should any payment method you use fail or is later reclaimed by the bank or card issuer, you agree to pay any costs incurred by us;

- By nominating a credit card to be direct debited, you confirm that you are authorised to make such a purchase and by doing so, confirm that Good Therapy is authorised to deduct such payments on an ongoing basis unless or until cancelled in accordance with the cancellation policy in these Terms; and

- You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

REFUND POLICY

You will be entitled to a full refund (less an administration fee of $30) if you request us to close your account within 3 months of registration and payment.

No refund will be provided if we terminate or suspend your account in accordance with the Termination provisions in these Terms.

TEMPORARY SUSPENSION OF PAID SUBSCRIPTION

If you are on leave, away from your practice temporarily or otherwise require suspension of your practitioner profile listing, we can suspend your paid subscription for a period, from a minimum of 2 months and up to 6 months ("suspension period'). During this suspension period, your Good Therapy profile will be hidden from search results on our website. We permit a maximum of 2 suspension periods per year and the suspension periods cannot total more than 6 months in one subscription year.

ADVERTISING

We permit advertisements for consulting room rental and other services to be placed on our website. The fees for these Services are shown on our website or registration form.

Any arrangements you enter into in relation to advertisements on our website will be subject to a direct contractual relationship between yourself and the other party. We urge you to make your own enquiries and to conduct your own due diligence before entering into any arrangement. You will deal with any disputes, issues, dealings or complaints directly with the other party. We are not responsible for any actions or inaction which may occur as a result of such arrangements.

CONTENT AND USE OF WEBSITE

- We do not pre-screen or approve all Content, but we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available on the website for violating the letter or spirit of the Terms or for any other reason;

- As an Advertiser, you agree that you are responsible for any Content submitted to the website;

- We may refuse to publish any graphic material such as, but not limited to, logos or photographs supplied by you if the material cannot be scanned or inserted onto our website without significant manipulation. You may request us to undertake the manipulation at an agreed cost and, subject to our approval, we will use our reasonable endeavours to scan or insert the material onto the website at your cost.

You may not submit Content or allow Content to be submitted that:

- you do not have the right to submit;

- is defamatory or in contempt of any legal or other proceedings;

- is misleading or deceptive;

- incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

- denounces religious or political beliefs;

- includes religious or political material which is or is likely to be offensive;

- is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;

- infringes any copyright, trade mark, patent or other intellectual property right of another person;

- contains any unsolicited or unauthorised advertising or promotional material;

- contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware;

- impersonates any person or misrepresents your relationship with any person; or

- in our opinion, disparages, embarrasses or reflects adversely on any other person, service or profession.

We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the website without giving any reasons.

You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display.

You must not engage in any conduct which, in our opinion, inhibits or restricts other Advertisers, Customers or users from using or enjoying any of the services we provide.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content on the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party's copyright, trademarks or other intellectual property rights or these Terms.

We reserve the right to disclose your name and any other personal details of any Advertiser to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

WARRANTIES

As a condition of using the advertising services offered through our website, you warrant that:

• Any Services you provide to customers who book your services directly or indirectly through our website complies with applicable laws, codes and regulations including the Health Practitioner Regulation National Law, as in force in each state and territory, and the Australian Health Practitioner Regulation Agency (AHPRA) Guidelines for advertising regulated health services. In particular, you and any of your employees or independent contractors that provide Services to customers will have all relevant certifications, licenses and experience to provide the Services;

• You have the ownership rights or the rights to use any Content you post to the website to advertise your services and any Content you post will not breach any third party rights;

• You are not breaching any laws, regulations, standards, codes or guidelines by publishing the Content on the website, including, but not limited to the Australian Consumer Law (ACL) and any mandatory codes or guidelines published by the Australian Competition and Consumer Commission (ACCC) that are prescribed under the Competition and Consumer Act 2010 or voluntary industry codes or guidelines that apply to you;

• All information, material and Content you post or advertise on the website or link to from our website is accurate, reliable, up-to-date, lawful, and not misleading or deceptive and meets all advertising standards requirements, including but not limited to the Therapeutic Goods Act 1989 (Cth), regulations and advertising codes;

• You will at all times abide by the Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements; and

• You also agree to ensure you adhere to good practice service standards for the supply of the Services to customers in a timely and responsive manner.

You acknowledge and agree that:

• We are a facilitator only for the purposes of permitting Practitioners to list their goods and services on our website and for customers to search for and contact Practitioners;

• We do not guarantee any bookings, business, increase in traffic or otherwise as a result of your Practitioner Profile Listing;

• Any products or services you provide through your business will be subject to a direct contractual relationship between yourself and the customer;

• You will deal with any disputes, issues, dealings or complaints directly with the customer and you agree to indemnify us for any customer claim which results directly or indirectly from your action or inaction; and

• You will manage all customer disputes in good faith and in accordance with all Australian Consumer and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any customer regarding your provision of the Services.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will make every effort to ensure that the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

By using this website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

TERMINATION

We have the right to terminate your Practitioner Profile Listing and your Content and any advertisement on our website for any reason, at any time. If we do not receive payment, we have the right to remove your Practitioner Profile Listing and your Content and suspend your account. We will not be responsible for any lost files, revenue, information or anything related to such suspension or removal of your Practitioner Profile Listing and your Content.

Complaints: If we receive numerous complaints about your services, including but not limited to reliability, quality, responsiveness or any other issues related to the provision of your services, we may terminate your Practitioner Profile Listing and subscription. We will attempt to work with you to resolve such issues where possible but we are not to be involved in any dispute with any of your customers or clients.

You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. We may, at our sole discretion, provide you with a warning that you have breached the Terms and provide you with an opportunity to rectify the breach, to our satisfaction, as a condition of maintaining your account and having continued access to our website.

Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide on your profile, account or advertisement on our website or on your website is untrue, inaccurate or incomplete; if we receive numerous complaints about your goods or services, any advertisement or action or inaction you have taken with a customer or that you have breached any Terms; if your content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your advertisement and information links and terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to return any subscription or registration monies in the event of any breach.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

You can close your Good Therapy account and/or cancel your Profile Listing subscription at any time by sending an email request to us.

LIABILITY AND INDEMNITY

You agree that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of our website or your reliance on any information on our website. For the sake of clarity, in no event will we be liable for any indirect, consequential, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.

In addition, you agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by customers or any third party which arises out of or in any way related to: (a) your Practitioner Profile Listing and your Content and any advertisement on the website or the services we provide you on the website; or (b) any disputes arising from any transactions for business you conduct with any customer.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.

Our liability to you will not exceed the amount actually paid by you for the Services.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Good Therapy Australia.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or of any of our Advertisers.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

YOUR PRIVACY

We are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We will at all times respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

All information we receive from our users is protected by our secure servers. Credit card information is not stored by us on our servers.

DISCLOSE YOUR INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

We reserve the right to disclose the name and any other personal details of any user of the website to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

TRACKING AND COOKIES

We use cookies for functional purposes to remember user preferences and settings. For example, cookies enable our website users to create a shortlist of Practitioner profiles.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist us in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

EXCLUSION OF COMPETITORS

If you are in the business of providing similar information, goods or services as Good Therapy Australia for a fee to users, whether they be business users or domestic users, then you are a competitor of Good Therapy Australia. We expressly exclude and do not permit you to use or access our website to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.

TRANSFER AND ASSIGNMENT

Should Good Therapy Australia merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

GOVERNING LAW

These Terms are governed by the laws of Western Australia, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Western Australia for determining any dispute concerning these Terms.