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Terms and Conditions

1. Definitions and Interpretations

  1. Act Every Act of the Parliament of the Commonwealth of Australia, and of the State, including the Privacy Act 1988 (Cth), and includes every amendment to an Act, every rule, regulation, by-law, binding guideline, code of conduct, or order and all subsidiary legislation made under an Act.
  2. AUD Australian Dollars (AU$)
  3. Client Any person who has enrolled, or made steps to enrol, in order to utilise a nominated module, and may or may not have a linked Provider.
  4. Commencement Date The date on which we notify you in writing that we have accepted your Enrolment or Registration as per details entered in the Enrolment of Registration Form. In certain circumstances, such as submitting payment, the Commencement Date is the date on which you acknowledge this document.
  5. Consumer Any individual person, being either a Client or Provider, who utilises the online system and its related functions.
  6. Credit Provider The financial institution that issues your Credit Card.
  7. e-Consult An online consultation that occurs between a Provider and Client.
  8. Enrolment The process whereby a Client enlists to make use of the online Services.
  9. Enrolment Form The entitiled “Online Enrolment” Form that Clients complete to initiate or confirm enrolment into a nominated module.
  10. Government Agency Any government, or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, government minister, commissioner, agency or entity.
  11. GST Goods and Services Tax or similar value added tax levied or imposed in Australia on supply of any goods or services.
  12. Health Information “Health Information” as defined in Section 6 of the Privacy Act 1988, with specific emphasis on the relevant passages, is:
    1. Information or an opinion about:
      1. the health or disability (at any time) of an individual; or
      2. an individual’s expressed wishes about the future provision of health services to him or her; or
      3. a health service provided, or to be provided, to an individual;

that is also personal information; or

  1. other personal information collected to provide, or in providing, a health service; or
  2. genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.
  3. Independant Third Party An individual or organisation that is detached from the processes involved in the online program. It does not include: You (the Consumer), Us (Sentiens Pty Ltd; including all staff, consultants, and contractors at Sentiens), Service Providers, or your Provider.
  4. Legislative Requirements The requirements of:
    1. every Act; and
    2. every certificate, licence, consent, permit and enforceable requirement of any Government Agency.
  5. Program, with specific content, that is offered as part of our online system. It includes, but is not limited to:
    1. Corporate Coaching
    2. Couples- A Roadmap
    3. Effective Communication
    4. Managing Conflict
    5. Combating Stress: Easing the pressure and regaining balance
    6. Conquering Anxiety
    7. Banishing the Blues: Working through tough times
  6. Money Payable All or any money that you must pay to us under this agreement.
  7. Our Website Any website owned and operated by Sentiens Pty Ltd.
  8. Personal Information Information (whether fact, opinion or evaluative material) that is about an indentifiable individual and that is recorded in any form or record.
  9. Provider Any individual person, or approved restricted group of people, linked to your module that you enable to view certain details of your account. This may be a Health Professional, Organisational Consultant, General Practitioner, Psychiatrist, or Psychologist.
  10. Referral A provisional enrolment made by a Provider, which initiates the full enrolment of a Client into a nominated module. This function may not be available to all Providers.
  11. Registration The process whereby a Provider enlists to make use of the online Services.
  12. Registration Form The entitled “Provider Registration” Form that Providers complete to initiate registration as an approved Provider, enabling them to be linked to their Clients. Registration is not guaranteed and is dependant on approval by Us.
  13. Right A right, power, remedy, discretion, privelage or authority under this agreement, or otherwise at law or in equity.
  14. Service Provider Any person or organisation that you enlist to provide a service to you, as defined by this agreement. This person/organisation may or may not be linked to your account as your Provider.
  15. Services An online Module, or part thereof, that we will provide to you as described in the Enrolment Form and on our Website, and any related support that is offered in conjunction with this service.
  16. Services (Provider Only) Full or partial access to the system an its functions, enabling monitoring and correspondence to linked Clients.
  17. Tax A tax, levy, impost, deduction, charge, or duty of any kind including GST (together with any interest, fine, penalty or expense relating to it).
  18. Term The period of time in which this agreement is valid, including any extension, renewal, or informal continuation of it. Or, any individual item listed within this agreement.
  19. ‘We’ and ‘Us’ Sentiens Pty Ltd, its successors and assigns. It may also mean Referrers, Resellers and Program Developers.
  20. Website All web pages stored on a computer server connected to the internet.
  21. You Means You, the person named in the “Online Enrolment” Form or “Provider Registration” Form and includes each of your personal representatives.

2. Scope

  1. Parties :
    This agreement is made between you, the Consumer, and Sentiens Pty Ltd.
  2. Coverage :
    This agreement sets out everything agreed upon in relation to our contribution to the provision of the Service to you. You may not waiver or vary its provisions.
  3. Compliance :
    This document and the policies outlined within it, in addition to the Sentiens Privacy Policy, intend to comply with the following:
    1. Privacy Act 1988 (Cth)
    2. Trade Practices Act 1974

3. Services and Commencement

  1. Service:
    The services offered as online programs are intended to be an information, monitoring and support system, and are recommended as an adjunct service to be used as a compliment to regular consultations with a trained health professional. Diagnosis and treatment of mental health and other health conditions should be conducted by a suitably trained health professional.
  2. Delivery:
    We agree to provide you the Services from the Commencement Date to the end of the Term, subject to any earlier termination in accordance with these Terms. Delivery will commence within 24 hours of submitting enrolment details via an email supplying the client with their login details. Clients will immediately thereafter be able to access their account. However, monitoring questionnaires are presented on a strict schedule, and will become available on the Monday following enrolment. For Providers, commencement of Service Delivery is subject to being approved as a Provider.
  3. Term of this agreement:
    The Term is effective from the date you acknowledge this document to the date that your Service is terminated. However, some clauses in this document survive termination of the Service. Your use of the website, as a Client or Provider, constitutes your ongoing acceptance of the terms and conditions outlined in this document, as well as those outlined in the Privacy Policy.
  4. Termination of Services:
    We may terminate this agreement by written notice to you if you:
    1. have made or make any false representation(s) to us;
    2. fail to pay any Money Payable on the day it is payable;
    3. fail to duly and punctually comply with any other commitment or obligation that you have to us under this agreement;
    4. become incapacitated (physically or mentally), or become subject to any law or regulation relating to mental health;
    5. commit any act of bankruptcy, or are declared bankrupt; or
    6. by your conduct, indicate to us that you no longer intend to be bound by this agreement.
  5. If you fail to pay us any Money Payable on the date due, or to duly and punctually comply with any of your other commitments or obligations to us, we may, in addition to our other Rights, suspend the provision of Services, partly or wholly, and refuse you access to our website until you remedy that failure.
  6. Providers Only: In addition to clauses 3.4.1 and 3.4.2, we may terminate or suspend your access as a Provider at any time without notice if we suspect that your conduct or use of our services may not be conducive to the health and wellbeing of your linked Clients. We are under no obligation to provide justification for this action.
  7. Your obligations as described in clause 6.3 regarding your Privacy commitments, and Section 11 regarding Intellectual Property, shall survive the termination of this agreement.
  8. Disruption to Services:
    We will endeavour to continue to provide the online systems/programs as long as it is reasonably within our power to do so. Technical faults may arise that are beyond our jurisdiction to resolve. If a disruption is expected to be for an extended period, we will endeavour to communicate the issue to you as a consumer. Such disruptions will not be seen as a break in service delivery.
  9. Delivery by an external Service Provider:
    1. If we provide any Services to you in conjunction with, or related to any goods or services to be provided by a Service Provider external to this agreement, and the external Service Provider fails to provide such goods and services, then:
      1. we are not obliged or required to provide any such goods or services that were to be provided by the external Service Provider;
      2. you are not entitled to any abatement of any money that you may owe us, nor any deduction se off or counterclaim by reason of that failure, nor to claim any damages or other compensation from us for any loss or damage you may suffer or incur, relating directly or indirectly to that failure;
      3. your sole rights and remedies will be against the Service Provider; and
      4. you must continue to pay us, on time, all money payable to us.
  10. Effects of Termination:
    Upon temrination of this agreement for any reason, we will:
    1. terminate our provision of the Services to you and your access to the website;
    2. manage your Personal and Health related information in accordance with Australian legislative requrements and our Privacy Policy.
    3. For Clients: Full access to the online system and its functions, depending upon your being accepted as a Client.
    4. For Providers: Access to the online system with full or partial access to functions as per individual agreement between you and us. Access to individual linked consumer records depends on the Privacy settings chosen by the Clients. Restrictions to your access due to individual Privacy Settings shall not be seen as a break in Service. Access is not guaranteed, and is dependant upon your being accepted as a Provider by Us.
  11. Level of Services provided
  12. Additional Services:
    If we agree to provide to you any additional services this will be the subject of a separate agreement and we are not obliged to aree to provide any additional services.
  13. Voluntary Suspension:
    At times, your service may be temporarily suspended due to your request. Approval of any suspension period required will be assessed on a case by case basis.

4. Financial Commitments

  1. Fees and Taxes :
    1. You must pay to us the Money Payable at the times and in the manner set out in the Schedule and this agreement.
    2. We may increase module fees or other costs from time to time.
    3. Any increase to the fees will apply to all dealings between you and us on and from the day on which the variation takes effect.
    4. If we increase the fees, we will give you not less than 30 days written notice.
    5. Regardless of changes to fees and other external events that may impact on your ability to pay, you must pay us in full, without any set-offs or counterclaims of any kind:
      1. the Fees;
      2. any Money Payable (other than Taxes); and
      3. all the Taxes payable in respect of the money referred to in 4.1.5.1 and 4.1.5.2.
    6. All 12 month programs, as well as Stress Management, are GST exempt. However, all others attract GST (at a 10% rate) for those paying from an AUD account.
  2. Payment : You
    1. must pay all amounts payable to us via a pre-approved payment method;
    2. may not withhold any payment or make any deduction from any payment due to us, for any reason; and,
    3. must pay any money that we incur or spend in enforcing this agreement, or exercising, protecting or recovering our Rights.
  3. Commissions :
    You agree that we may receive from, or pay to Service Providers and other persons, commissions or other benefits in relation to this agreement or the Services.
  4. Debit Arrangements
    1. Sentiens uses SecurePay as the online payment gateway.
    2. It is your responsibility to determine the fees and charges associated with your credit provider when making online purchases in AUD. Sentiens will not be held responsible for the subsequent fees that may arise from any transaction you choose to partake in on this website.
    3. Generally, a refund will be considered in the following circumstances and in compliance with the Commonwealth of Australia Trade Practices Act 1974:
      1. Access to your account is restricted through no fault of your own, and we are unable to rectify your account when the failure is reversed.
      2. The Service is not fit for the intended purpose (See Section 3 Services and Commencement).
      3. The Service does not fit our description.
      4. The Service (content) has defects that were not obvious to you or we did not bring to your attention.
    4. Any refund request not considered in 4.5.1 shall be dealt with on a case by case basis.
    5. We reserve the right to refuse a request for refund for any reason(s) outside the reasons listed in 4.5.1.
    6. We reserve the right to refuse any request for refund if the consumer’s account has been suspended or rejected due to misconduct (See Section 3.4.4).
    7. We will not provide refunds for payments made by you to a Service Provider or affiliate organisation. Requests for refund should be addressed directly to the Service Provider that accepted payment from you. Such requests for refund are assessed by the Service Provider, and as such, we will not be held responsible for the decision that transpires.
    8. A Service Provider may seek advice from us, the system administrators, in determining the outcome of a request for refund. In this instance we may provide basic information about your login status.
    9. If you feel that you have been refused a refund unfairly contact the Australian Competition & Consumer Commission (ACCC) on 1300 302 502 or visit www.accc.gov.au.
  5. Refund Policy

5. Research

  1. Collection of Data :

    See our Privacy Policy for terms related to the collection and storage of your personal and health related information.
  2. Usage of Data :
    1. You understand that data collected in relation to your progress and use of our online programs may be used for scientific/research purposes and publications.
    2. Data used for such purposes will be personally de-identified, which means the data will not contain consumers’ personal details and will not enable identification of a consumer by an independant third party in any way.
  3. Compensation:
    You agree to forfeit any compensation or royalties, monetary or otherwise, for our use of data that you may have contributed to.
  4. Removing Consent:
    1. It is your responsibility to notify us, in writing, of your wish to remove your consent to the use of your data for future research or publication purposes. You are not required to provide an explanation or reason for such requests.
    2. You understand that we will be unable to remove your data from previous data sets or written works that commenced or were produced prior to your written request for removal of data, regardless of whether they have been published.
    3. Withdrawing your consent for our use of your de-identified data for research purposes does not affect your acknowledgement of any other clause in this document, or the document in full.
    4. Withdrawing your consent, as outlined above, will not affect your access to or use of the online programs.

6. Privacy

  1. Privacy Policy:

    Sentiens Pty Ltd has a Privacy Policy in place. As with this document, unless a prior acknowledgement date is agreed upon, enrolment or registration signifies your acceptance of the terms outlined in the Privacy Policy.
  2. Financial details :
  3. You inderstand that submission of your personal or financial details in reference to payment is done so at your own risk.
  4. Your personal privacy responsibilities:
    1. You accept full responsibility for the monitoring and customisation of your personal Privacy Settings. We accept no liability for any misallocation of your personal information that can be attributed to erroneous settings made by you, regardless of whether they were default settings.
    2. You accept full responsibility for ensuring physical access to your online program, reports or correspondence is restricted.
    3. You agree that, in such a case that we calculate a potential severe risk to your safety or the safety of another, we may use your personal details to contact your next of kin and inform them of the risk. This provision of personal and/or health related information to your nominated next of kin will not be counted as a breach of our Privacy Policy or security.
    4. You accept that it is not the responsibility of Sentiens Pty Ltd to inform your Next of Kin of your status and that this service is not guaranteed.
    5. It is your responsibility to ensure that your Next of Kin details are accurate and are updated where necessary by you.
    6. You accept that it is your responsibility to contact your Provider/Clinician or a suitable crisis care facility in your area/country should you need mental health assistance.

7. Limitation of Liability

  1. In case of emergency
  2. Flags:

    If your responses to a monitoring questionnaire indicate that you may be at risk of harm to yourself or someone else; if your condition has declined significantly, or, if you are not taking your medication a prescribed, you may be notified with a ‘flag’. If you have nominated a Provider, they may also receive the ‘flag’ notice. We do not take further responsibility than to notify yourself and a nominated Provider regarding your ‘flag’. However, this service is not guaranteed.
  3. Limitations of services provided online by Sentiens Pty Ltd :

    We do not give any medical or psychiatric advice or any personalised advice or make personalised recommendations. It is your responsibility to seek and obtain that advice from your Service Provider to suit your objectives and particular needs.
  4. Warranty:

    To the maximum extent permitted by law, except for those representations and warranties expressly included in this agreement and those that are implied in it by law that cannot be excluded, we make no representations and give no warranties relating to this agreement or the Services or any other goods or services that we may supply, and all such representations and warranties are excluded.
  5. Third party dealings:

    This agreement does not cover your use of third party websites, regardless of their possible representation on our website. It does not cover your dealings with an affiliate company, in order to provide this service to you. It is the responsibility of each consumer to ensure they understand the policies and terms of use in relation to outside/affiliate websites or services. Although we will endeavour to ensure that affiliate companies align themselves with our practices and practices, we do not take responsibility for the practices of other organisations.
  6. Internet usage:

    The internet is not a completely secure medium. We do not take responsibility for any undesirable consequences of your usage of the internet as a result of using our website or our online programs. It is your responsibility to ensure you take suitable measures to protect against harmful agents that may be introduced to your computer via the internet.

8. Consumers outside Australia

  1. GST:

    GST is the Goods and Services tax of the Commonwealth of Australia. Programs 2-9 (inclusive) listed in Definitions and Interpretations (Section 1.15) are GST exempt. Programs 10-16 (inclusive) attract a GST (at 10%). However, all international transactions involving the purchasing of the latter programs (10-16) will exclude GST from the final amount owing.
  2. Australian legislation covers this agreement :

    This website is offered in accordance with the legislation of the Commonwealth of Australia. The content presented in our Terms & Conditions, Privacy Policy and in each of the website programs (Section 1.15) is governed by Australian legislation. Any conflict with the rules, guidelines, legislation or regulations of foreign countries have not been taken into consideration in the development of our online programs, or any related administrative programs. Your use of the online programs constitutes your acceptance of this governance and forfeiture of conflicting laws of foreign governing organisations in relation to your use of these systems and your acceptance of this document.

9. Correspondence

We may send any notice, request, demand or other communication to you by sending it to your postal, facsimile or electronic address last notified to us and you will be taked to have received the notice, request, demand or other communication if sent:

  1. by prepaid letter on the third business day following posting (Australia only); and
  2. by fascimile or other electronic means when there is confirmation of receipt by whatever means, even if you do not receive it.
  3. We may vary the Terms & Conditions outlined in this document, as well as those outlined in the Privacy Policy, at any time.
  4. Any variation of these Terms & Conditions will apply to all dealings between you and us from the day on which the variation takes effect.
  5. You understand that it is your responsibility to monitor our Privacy Policy and Terms & Conditions for any changes that may affect your acceptance of the terms outlined in each document.
  6. Any continued use after the variation takes effect constitutes your acceptance of the varied terms.

10. Variation

  1. Variation of these Terms & Conditions and Privacy Policy
  2. Your responsibility

11. Copyright / Intellectual Property

All content and materials presented in the online programs, unless otherwise referenced to another author, is the sole property of Sentiens Pty Ltd, and may not be copied or reproduced for any other purpose that personal or clinical use. Any other activity or reproduction of information requires prior written permission from Sentiens Pty Ltd.

12. General Provisions

  1. You warrant to and agree with us that:
    1. You are at least 18 years of age.
    2. You will provide us with all information that we may from time to time require or is otherwise necessary to enable us to provide the Services and to otherwise comply with our obligations under this agreement on an ongoing basis.
    3. All information that you provide to us and that you will provide to us in the future, including that information in your enrolment or registration applications, is and will be complete and correct, and is not and will not be misleading in any way.
    4. We may rely on any information referred to in sub-clause 12.1.3 unless and until we receive written notice of any changes signed by you.
    5. Any such varied information will be covered by this warranty.
    6. At all times during your dealings with us you will be in a position to duly and punctually comply with all your commitments and obligations arising from your dealings.
    7. You have made your own searches and inquiries as to the Services and their suitability for your purposes prior to enlisting in the online programs.
    8. You have not relied on any statement, document or promise made by us or on our behalf, not contained in this agreement.
    9. So far as permitted by law, we are not responsible for any statement or promise made by a third person (affiliated or independant of Sentiens Pty Ltd) introducing you to us.
    10. If we waive any of our Rights at any time, this has no effect in relation to any other continuing or further breach or Right.
    11. Where you are under obligation to us, time is of the essence.
    12. We may complete any blanks in the Enrolment or Registration forms and correct any errors.
    13. You may not sell, assign, impede or deal with any Rights or a benefit under this agreement, except as it is expressly permitted.
    14. We may:
      1. assign or otherwise deal with our Rights or benefits under this agreement; and
      2. exercise any of our Rights through any agent.
    15. If any provision of this agreement is or becomes unenforceable then that provision wil be removed from this agreement without affecting the remaining provisions of this agreement.

AP PSYCHOLOGY & CONSULTING SERVICES

44 Garden St South Yarra, Victoria 3141

TEL: 1300 335 336

EMAIL: info@psychology-consulting.com ABN: 12 698 548 016  

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