Terms of Use

Terms of Use

In these Terms of Use, “we” and “us” refers to The Hart Centre Pty Ltd ACN 143 297 509 and “you” refers to any individual who accesses this website. Our Privacy Policy also applies to your use of this Website and is incorporated into these Terms of Use.

Accepting our terms and conditions

When you use and access our website (Website) you agree to comply with the then current Terms of Use. Each time you use our Website, you should revisit these Terms of Use. Your use of the Website constitutes your acceptance of the Terms of Use. If you do not agree to be bound by the Terms of Use, you should not use or access our Website.

Use of our Website

We maintain our Website to provide you with information about our business, provide general information, direct you to professional resources and provide relevant content that you may be interested in. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms of Use. All other uses are prohibited without our prior written consent.

Content on our Website is provided solely for general information purposes and on a no liability basis. The information we provide is not intended to be comprehensive, does not take into account your individual circumstances, does not constitute advice or a professional relationship, and should not be used as a substitute for engaging a professional counsellor, psychologist or therapist. We do not promise that the information published by us is correct, complete or up to date. You should seek professional advice which takes into account your individual circumstances before acting on any information.

You must not use the Website for any purpose other than its intended purpose. When using the Website, you must not act fraudulently, or provide us with false, inaccurate, infringing or misleading information. You must not use the Website in a manner which could damage, disable, overburden or impair the Website or interfere with any other user’s use and enjoyment of the Website. You must not transmit viruses or other disabling features, or damage or interfered with our Website using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website.

You must not do anything which we consider inappropriate or which might bring us into disrepute including (without limitation) using our Website to in any way defame, harass, threaten, menace or offend any person, breach any person’s privacy or any other legal rights, interfere with any other user of our Website or do anything which may breach a law or court order.

No Offer

Our Website is an introductory platform managing listings for our network of professional counsellors, psychologists and therapists (Associates). Our Website is not to be construed as an offer to you to perform any services or enter into any engagement. When you contact us, we provide administrative support on behalf of and at the request of our Associates to assist you to enter into an engagement with an Associate.

Your use of the Website including submitting any questionnaire, completing any quiz, enquiry form or information to us is not intended to create, nor does it create a professional relationship between us.

We will use our best endeavours to match you to a suitable Associate based on our understanding of your needs and their qualifications and experience. It is your responsibility to undertake your own research to ensure the recommended Associate suits you and to manage the terms of your engagement. We do not have any role or responsibilities apart from what is expressly set out in these Terms.

If you do experience any issues or discover any errors in relation to any Associate or listing on our Website, we ask that you promptly notify us.

Fees

We may advertise Prices that we expect our Associates to charge in most cases. At the time of engaging an Associate it is your responsibility to check whether that Price applies to your particular engagement. Prices are subject to change at any time without notice. If there is any error in that Price, we reserve the right to cancel any appointment and refund any amount paid by you in full and final satisfaction of any claims.

Where permitted by law, we may decline to offer refunds or exchanges for change of mind.

Quizzes

Our quizzes are provided for general information purposes and on a no liability basis. Any results generated from our quizzes are entirely dependent on the answers that you input and may not be an accurate assessment or identify gaps and issues that would be identified if a professional was engaged to work through these topics with you.

Correcting errors

Our liability for any errors in our Website including fees and rebates, advertisements, listings or descriptions is limited to amending or withdrawing that listing or description once made aware of it. If such error or misdescription is material, we may agree to refund any amounts paid by a claimant in full and final satisfaction of any claims.

Who owns the Intellectual Property?

We are the sole owner of the Website and all intellectual property rights associated with the Website (including copyright in its content, and ownership or a licence of all logos, images and source code). You may not copy, reproduce or modify any part of our Website for any purpose except where we give you our prior written consent.

If you submit materials (such as comments, feedback and information) to us via this Website, that submission will be considered non-confidential and non-proprietary. We will be free to use or disseminate such materials on an unrestricted basis for any purpose in our discretion. You acknowledge that you are responsible for the materials that you submit, and that you have full responsibility for the materials including their legality, reliability, appropriateness and non-infringement of third party rights.

Security of the Website

You are solely responsible for any information that you transmit to us. Whilst we use our best endeavours to maintain the security of the Website, we do not make any guarantees as to the security of the Website, our records, or any information you submit to us. We exclude 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.

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.

Your identity

You are able to browse the Website as an unregistered user. You will be required to provide your identity details at the time of making an appointment. It may be possible to remain anonymous or use a pseudonym. However, you must not impersonate any person. Please refer to our privacy policy for more details.

Liability and Indemnity

Our Website and our content is provided “as is” and we make no representations or give any warranties or guarantees as to the suitability, accuracy, completeness, fitness for purpose, non-infringement of third party rights or quality of the Website for any particular purpose. We do not guarantee that access will be uninterrupted, error-free or free from viruses or that our Website is secure. We do not guarantee that our products, services or information will meet your expectations or requirements even if you informed us of those.

We may at any time alter, remove or discontinue our Website or parts of our Website without notice to you. Our Website may be offline for indeterminate periods of time and you release us from any liability for its unavailability. Our content is subject to change without notice. We do not undertake to keep our Website up to date and we are not liable if our content becomes inaccurate or out of date after posting.

Your use of and access to the Website is at your own risk and we exclude all liability of any kind, howsoever arising, including without limitation consequential loss such as lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, or any indirect or consequential loss resulting from your use of the Website. Where we cannot completely exclude liability, our total liability is limited to the cost of re-supplying the relevant product or services, or refunding the amount paid by you in connection with the product or services, or if you have not paid us any amounts, then $100.

You agree to indemnify us, our officers, personnel and our related entities from and against all claims and losses including without limitation those from third parties, which we may incur in respect of any negligence, misuse of the Website, other act or omission, or any breach of these Terms of Use by you.

Our Website may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Disputes

If you have a dispute with any Associate, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

We have no obligation to you or any Associate to assist or involve ourselves in any dispute between you, although may do so to improve visitor experience. Where we do so, our involvement is on a no-liability basis.

If you have a dispute with us, the matter will be referred to the Australian Commercial Disputes Centre to be resolved in accordance with their guidelines which are incorporated into these Terms by reference. You agree to attend mediation before resorting to instituting any legal or court proceedings.  Time is of the essence in resolving disputes with us. This clause shall not prevent either party from seeking urgent, injunctive relief.

Applicable Law

You must be 18 in order to use our Website.

Your use of our Website is governed by the laws of Queensland, Australia. Nothing in these Terms of Use is intended to exclude your statutory rights as a consumer under the Australian Consumer Law.

Our Website may be accessed throughout Australia and overseas.  We make no representation that our Website complies with the laws (including intellectual property and privacy laws) of any country outside Australia.  If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website. You must not submit any personal information to us if our Website does not meet the privacy law requirements in the place that you access it.

If a provision of these Terms of Use is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to make it valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is to be severed from these Terms of Use without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms of Use.

How are changes made to these Terms of Use?

We may amend these Terms of Use from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

These Terms of Use were last updated on 9 February 2023.

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