Terms and Conditions
These Terms and Conditions (Terms) apply to your use of the Virtualpsychologist (Virtualpsychologist, we, us, our) electronic message-based psychologisy service (Service).
By using the Service, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Service.
We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website. You should regularly check these Terms for any amendments. If these Terms are amended, you must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the Service.
Capitalised terms used in these Terms are defined in the ‘Interpretation’ section at the end of the Terms.
All copyright and other intellectual property rights in the Service (including all trade marks appearing on the Service) are owned by us and/or our licensors.
We grant you a revocable, non-transferable, non-exclusive licence to use the Service on your Device for your own purposes, and to download and print out a copy of the information available from the Service for your own personal use.
You must not (and must not attempt to):
(a) except as permitted by the licence set out above, use or copy any part of the Service without our prior written consent;
(b) distribute, translate, modify or tamper with, any part of the Service;
(c) create derivative works of or from any part of the Service;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Use of the Service
You must provide your own internet access and Device in order to use the Service. You are responsible for all internet access, data download and other network charges arising from your use of the Service and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring that the Service is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Service on your Device.
We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Service. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.
Performance of the Service
We will use reasonable endeavours to generally make the Service available during our normal business hours. However, the availability of the Service depends on various third party suppliers of both you and us, and accordingly, we does not warrant or guarantee that:
(a) you will be able to use the Service at any time; or
(b) your use of the Service will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Service may not be available for use from time to time, and that you may be disconnected from your use of the Service at any time for any reason, including if:
(a) any network connection difficulties occur;
(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
(c) you breach any of these Terms; or
(d) we decide to terminate your access to those services for any reason.
We make no guarantee as to the reliability or performance of the Service. The performance of the Service depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Service and the systems that support it.
The information available through the Service is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Service is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Service is current, complete and accurate before using it. Subject to the section headed ‘Consumer Guarantees’ below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
Additionally, you acknowledge and agree that the Service is a counselling service, and you acknowledge and agree that accessing or using the Service does not create a doctor-patient relationship with us. You must not rely on the information available through the Service.
You must not use (or attempt to use) the Service:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms;
(b) to access, transmit, publish or communicate material which:
(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
(ii) is xenophobic, racist, abusive, harassing or hateful;
(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users;
(iv) constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;
(v) contains a virus or other harmful code;
(vi) infringes a person’s copyright or other rights (including any other intellectual property rights); or
(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk and/or unsolicited messages;
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Service; or
(f) in any way that may cause us, our suppliers or other users of the Service to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request. We may immediately terminate and block your access to the Service or the services provided by the Service for any reason, in our discretion.
To use the Service and its features as intended, you must grant any permissions and access to your Device that may be required from time to time. If you do not grant these permissions and this access, you may be unable to use the Service or some of its features.
The Service uses the internet and by using the Service, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Service. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
Where you as a Consumer acquire goods or services under these Terms through your use of the Service and those goods or services:
(a) are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or
(b) are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:
(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
(ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
You acknowledge and agree that your access to, and use of, the Service is at your own risk.
To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Service, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
(b) any other Losses.
If you access any Confidential Information using the Service, you must:
(a) keep such Confidential Information confidential;
(b) use such Confidential Information only in accordance with the Terms; and
(c) not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).
The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the Service is disabled, terminated, suspended or withdrawn.
If you use the Service, the information that we may collect and store includes, without limitation:
(a) the type of operating system and/or other software or firmware used by your Device;
(b) the data you send and receive using the Service, and the type and quantity of that data;
(c) the dates on which and times at which you use the Service; and
(d) the IP and MAC address of your Device,
and may be stored in locations outside of Australia.
You represent and warrant to use that the personal information you provide to us is complete and accurate.
In using this service you;
(a) acknowledge and agree that we;
(i) may, in the course of providing our service, collect and store your Personal Information (as defined in the Privacy Act 1988 (Cth)),
(ii) will keep all of your information (including any Personal Information) confidential and will not disclose that information to any person, except where disclosure is required by law, or under a Duty to Protect and/or a Duty to Warn, and
(iii) may publish and provide to third parties information which relates to the use of our service by our customers and that such information will be aggregated and de-identified before being provided to such third parties for functions including research, and
(b) to the maximum extent permitted by law, release Virtual Psychologist Pty Ltd and its directors, employees, contractors and related bodies corporate, from any and all liability to you or any other person, now and in the future, for any loss, damage, cost or expense suffered or incurred by or such other person in relation to or in connection with your use of this service.
By continuing to use our service you are deemed to understand and accept our Terms and Conditions above.
Third party links
The Service may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.
Suspension, withdrawal of or changes to the Service
We reserve the right to:
(a) suspend your use of, or withdraw, the Service and/or any of its features or components; and
(b) add to, amend, remove, or disable access to, any part of the Service and/or any of its features or components,
in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately:
(a) cease use of the Service; and/or
(b) destroy, expunge, disable or restrict access to any information from the Service that you have printed or downloaded, and any information derived or generated from that information.
We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy.
These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts having appeal from them.
In these Terms:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;
(b) Confidential Information means:
(i) the information obtained through the Service; and
(ii) the identity of any user of the Service,
except in each case for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms;
(c) Consumer has the meaning given to that term by section 3 of the Australian Consumer Law;
(d) Device means your own internet-enabled device that is compatible with the Service and has a current and working internet connection;
(e) Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning;