WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.natashagoodpsychology.com.au (Website). The Website is a source of
information and contact for psychology services provided by Natasha Good (Services).
(b) The Website is operated by Natasha Good Psychology (ABN 66797192337). Access to
and use of the Website, or any of its associated Products or Services, is provided by
Natasha Good Psychology. Please read these terms and conditions (Terms) carefully. By
using, browsing and/or reading the Website, this signifies that you have read, understood
and agree to be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of Services, immediately.
(c) Natasha Good Psychology reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Natasha Good Psychology updates the
Terms, she will use reasonable endeavours to provide you with notice of updates to the
Terms. Any changes to the Terms take immediate effect from the date of their publication.
Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you by Natasha Good
Psychology in the user interface.
3. Registration to use the Services
(a) As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including:
(i) Email address
(ii) Mailing address
(iii) Telephone number
(iv) Password
(v) date of birth, Medicare details, mental health care plan information, emergency
contact details, and relevant medical history
(b) You warrant that any information you give to Natasha Good Psychology in the course of
completing the registration process will always be accurate, correct and up to date.
(c) You may not use the Services and may not accept the Terms if:
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(i) you are not of legal age to form a binding contract with Natasha Good Psychology;
or
(ii) you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you
use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(ii) any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify Natasha Good Psychology of any
unauthorised use of your password or email address or any breach of security of
which you have become aware;
(iii) access and use of the Website is limited, non-transferable and allows for the sole
use of the Website by you for the purposes of Natasha Good Psychology providing
the Services;
(iv) you will not use the Services or the Website in connection with any commercial
endeavours except those that are specifically endorsed or approved by the
management of Natasha Good Psychology;
(v) you will not use the Services or Website for any illegal and/or unauthorised use
which includes collecting email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorised framing of or linking to
the Website;
(vi) you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result in
termination of the Services. Appropriate legal action will be taken by Natasha Good
Psychology for any illegal or unauthorised use of the Website; and
(vii) you acknowledge and agree that any automated use of the Website or its Services
is prohibited.
5. Payment
(a) All payments made in the course of your use of the Services are made using Stripe and
bank deposit. In using the Website, the Services or when making any payment in relation
to your use of the Services, you warrant that you have read, understood and agree to be
bound by the Stripe and bank deposit terms and conditions which are available on their
website.
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(b) You acknowledge and agree that where a request for the payment of the Services Fee is
returned or denied, for whatever reason, by your financial institution or is unpaid by you for
any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Services Fee.
(c) You agree and acknowledge that Natasha Good Psychology can vary the Services Fee at
any time.
6. Refund Policy
(a) Natasha Good Psychology Psychology will only provide you with a refund of the Services
Fee in the event they are unable to continue to provide the Services or if the manager of
Natasha Good Psychology Psychology makes a decision, at its absolute discretion, that it
is reasonable to do so under the circumstances (Refund).
(b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's
rights under the Australian Consumer Law.
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Natasha Good Psychology
Psychology are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the Services and compilation of the Website (including but
not limited to text, graphics, logos, button icons, video images, audio clips, Website code,
scripts, design elements and interactive features) or the Services are owned or controlled
for these purposes, and are reserved by Natasha Good Psychology Psychology or its
contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by
Natasha Good Psychology, who grants to you a worldwide, non-exclusive, royalty-free,
revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your
device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Natasha Good Psychology does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by Natasha Good
Psychology.
(c) Natasha Good Psychology retains all rights, title and interest in and to the Website and all
related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
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(ii) a right to use or exploit a business name, trading name, domain name, trade mark
or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process).
(d) You may not, without the prior written permission of Natasha Good Psychology and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless otherwise provided by these
Terms. This prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
8. Privacy
Natasha Good Psychology Psychology takes your privacy seriously and any information provided
through your use of the Website and/or Services are subject to Natasha Good Psychologys
Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
(ii) Natasha Good Psychology will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising out of or in connection
with the Services or these Terms (including as a result of not being able to use the
Services or the late supply of the Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the
Services is provided to you "as is" and "as available" without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of Natasha Good Psychology make any express or implied representation or
warranty about the Services or any products or Services (including the products or
Services of Natasha Good Psychology) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following:
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(i) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services,
or any of its Services related products (including third party material and
advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the
products of Natasha Good Psychology; and
(iv) the Services or operation in respect to links which are provided for your
convenience.
10. Limitation of liability
(a) Natasha Good Psychology's total liability arising out of or in connection with the Services or
these Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Natasha Good Psychology, its affiliates,
employees, agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be incurred by
you, however caused and under any theory of liability. This shall include, but is not limited
to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users
for a commercial gain, whether business users or domestic users, then you are a competitor of
Natasha Good Psychology. Competitors are not permitted to use or access any information or
content on our Application. If you breach this provision, Natasha Good Psychology will hold you
fully responsible for any loss that we may sustain and hold you accountable for all profits that you
might make from such a breach.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Natasha Good
Psychology as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i)
(ii) providing Natasha Good Psychology with 2 days' notice of your intention to
terminate
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(c) Natasha Good Psychology may at any time, terminate the Terms with you if:
(i)
(ii) you have breached any provision of the Terms or intend to breach any provision;
(iii) Natasha Good Psychology is required to do so by law;
(iv) the provision of the Services to you by Natasha Good Psychology is, in the opinion
of Natasha Good Psychology, no longer commercially viable.
(d) Subject to local applicable laws, Natasha Good Psychology reserves the right to
discontinue or cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services without notice if
you breach any provision of the Terms or any applicable law or if your conduct impacts
Natasha Good Psychology's name or reputation or violates the rights of those of another
party.
13. Indemnity
You agree to indemnify Natasha Good Psychology, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website
or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)
must:
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(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the Resolution Institute;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a precondition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(d) The mediation will be held in Brisbane, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
14.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so.
15. Venue and Jurisdiction
The Services offered by Natasha Good Psychology is intended to be viewed by residents of
Australia. In the event of any dispute arising out of or in relation to the Website, you agree that
the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
16. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the
rights created hereby shall be governed, interpreted and construed by, under and pursuant to the
laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall bebinding to the benefit of the parties hereto and their successors and assigns.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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Privacy policy for the handling of personal information
This document describes the privacy policy of “Natasha Good Psychology” for the management of your personal information. The psychological service provided is bound by the legal requirements of the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
Personal information
Your information is stored securely and accessed only by your psychologist and the authorised staff or providers of the practice, as required, in accordance with the practice’s policies and procedures.
Your information is stored using secure electronic systems that adhere to Australian Privacy laws.
The information collected includes your personal details such as name, address and contact phone numbers. As part of providing a psychological service, such as a psychological assessment or treatment, we will also need to collect and record other personal information that is relevant to your current situation. This includes keeping a record of what happens during sessions, any psychological tests you complete, and any information received from others, such as your GP, lawyer or insurance company.
How your personal information is collected
There are a number of ways your personal information is collected, including when:
You provide information directly to your psychologist in your session and in writing such as letters, email or text messages.
You interact directly with Natasha Good Psychology employees such as our administration staff.
Other health practitioners, such as your GP, provide personal information to Natasha Good Psychology, through referrals, correspondence and medical reports.
We receive personal information from other sources, such as lawyers, employers or insurance companies through correspondence or reports.
If you have concerns that the information recorded is not correct, please discuss your concerns with our administration staff or your psychologist.
Purpose of holding personal information
Your personal information is gathered and used for the purpose of providing a psychological service to you or a child that is under your guardianship. Your personal information is retained in order to document what happens during sessions and enables your psychologist to provide a relevant and informed psychological service to you. This information and record keeping is a necessary part of the services provided and guides treatment.
Consequence of not providing personal information
Psychologists are required to keep clear and accurate client records as part of their professional obligations.
If you do not wish for your personal information to be collected, we may not be able to provide the psychological service to you. Please discuss any concerns you have with your psychologist.
Accessing your personal information
At any stage, you can request to access your personal information kept on file. There may be some exceptions that impact your ability to access the information, which are outlined in the relevant legislation.
If you would like to access your information, please discuss it with us or you can request in writing. All written requests for access to information will be responded to in writing within 30 days and an appointment will be made if necessary for clarification purposes.
Confidentiality of information
Personal information gathered by your psychologist will remain confidential except for certain circumstances. In most cases, any sharing of information will only occur with your consent.
Our practice asks for your consent to share information when:
Sharing information with a family member, guardian or carer.
Discussing with others, such as your GP, employer, or any agencies which may be paying for your attendance.
Providing a written report regarding your assessment or treatment to another professional or agency, such as your GP, lawyer or insurance company.
For disclosing the information in any other way not referenced in this document.
Psychologists are required to consult and receive supervision from colleagues from time to time. If your information is shared in this context, all care is taken to deidentify your information in such a way that you remain anonymous.
Exceptions to confidentiality
There are times when your psychologist may release your information without obtaining your consent such as:
When a court requires information by issuing a subpoena, or providing information is otherwise required or authorised by law.
When it is required because the psychologist must make a mandatory report on a concern.
When the psychologist discloses information because they believe you or someone else is at risk of serious harm.
Data breach policy
In the event that any unauthorised access, disclosure or loss of your personal information occurs Natasha Good Psychology will activate its data breach plan and use all reasonable endeavours to minimise any risk of consequential serious harm.
Requests for access and correction to client information
At any stage you may request to see and correct the personal information about you kept on file. Your psychologist may discuss the contents with you and/or give you a copy, subject to the exceptions in the Privacy Act 1988 (Cth).
If your psychologist is satisfied that your personal information is inaccurate, out of date or incomplete, reasonable steps will be taken in the circumstances to ensure that this information is corrected. All requests by you for access to or correction of personal information held about you should be lodged with your psychologist or our administration staff.
All written requests for access to information will be responded to in writing within 30 days and an appointment will be made if necessary for clarification purposes.
Concerns
If you have a concern about the management of your personal information, you may inform your psychologist or our reception staff. Upon request you can obtain a copy of the Australian Privacy Principles, which describe your rights and how your personal information should be handled.
Ultimately, if you wish to lodge a formal complaint about the use of, disclosure of, or access to, your personal information, you may do so with the Office of the Australian Information Commissioner:
By phone on 1300 363 992.
Online at https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us
By post to: Office of the Australian Information Commissioner, GPO Box 5288, Sydney, NSW 2001.