EasyCounselling
Website Terms of Service
By visiting EasyCounselling.com.au, you are consenting to our terms and conditions.
Overview
By using EasyCounselling.com.au, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Your Biz Name Here, owner of EasyCounselling.com.au. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms of and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms of and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of and Conditions with the modifications. This Site provides information for informational purposes only.
Site Use
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of and Conditions.
Terms
The Website may provide information in respect to law, business, lifestyle, and marketing, and is intended for informational purposes only. By participating in/reading this website/blog/emails, you acknowledge that EasyCounselling only providing business and marketing information. EasyCounselling cannot guarantee the outcome of services and/or recommendations on the website/blog/email series. EasyCounselling cannot make any guarantees other than to deliver the services purchased as described. By participating in a consulting session over the phone/web, you acknowledge that the information provided in not legal advice and is not intended nor implied to be a substitute for legal advice from your attorney.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to EasyCounselling will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
​
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. In the event of purchase of service, product, or program, you will also be subject to the terms of that agreement, which shall prevail in the event of a conflict.
​
EasyCounselling Intellectual Property Rights
The Site contains intellectual property owned by EasyCounselling, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Easycounselling / Easycounselling.com.au, logo, all designs, text, graphics, other files, and the selection and arrangement thereof.
​
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
​
Upon purchase or access of our Site or Content, you agree that you will not copy, duplicate, or otherwise utilize such content. Any use contradictory to these Terms will be considered theft, and we reserve our right to prosecute to the full extent of the law.
You must receive written permission prior to utilizing any Content from this Site and agree that you will not modify, copy, reproduce, sell, or distribute any Content in any manner or medium without permission. Any request for written permission to use Content should be made to EasyCounsellingAustralia @gmail.com
​
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, EasyCounselling is not liable for damages in connection with:
​
-
Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure;
-
Loss of revenue, anticipated profits, business, savings, goodwill or data; and
-
Third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Your EasyCounselling has been advised of the possibility of or could have foreseen the damages. In those States and Territories that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall EasyCounselling cumulative liability to you exceed $100.
​
Third Party Resources
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with EasyCounselling. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
​
Indemnification.
We make no warranty or guarantee as to the accuracy of the information on our Site or its Content. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.
Release of Claims
In no event will EasyCounselling be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release EasyCounselling from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Online Commerce and Refund Policy
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content. You acknowledge that EasyCounselling does not offer refunds for any portion of payment for our products, services, or programs. All sales are final, and no refunds will be given for any reason.
Governing Law, Venue, Mediation
These Terms shall be governed by and construed in accordance with the laws of the Queensland, Australia, regardless of the conflict of laws principles thereof. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the Australian Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Brisbane, Queensland or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
Entire Agreement, Waiver, Headings
These Terms constitute the entire agreement between you and EasyCounselling pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by EasyCounselling shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by EasyCounselling. The subject headings of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Disclaimers
By using this website and/or purchasing any of EasyCounselling’ programs, products, or services, you are voluntarily agreeing to this Disclaimer. You are agreeing that you have read, understand, and consent to the terms herein. Any questions should be directed to EasyCounsellingAustralia@gmail.com before purchasing. This website provides information for educational purposes only. You must be eighteen (18) years of age and have the legal ability to agree to this Disclaimer. Information provided on the Site and in services are subject to change.
EasyCounselling makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. EasyCounselling disclaims all liability for any inaccuracy, error or incompleteness in the Content. You are advised to consult with your own attorney on your specific legal situation. Although care is taken in preparing products and services, EasyCounselling cannot be responsible for errors or omissions and EasyCounselling accepts no liability for any loss arising from use.
You assume personal responsibility for utilizing the information provided on EasyCounselling.com.au and any programs, products, or services purchased herein. EasyCounselling is not responsible for personal actions during or after use of our programs or products, you accept fully responsibility for the use, or non-use, of this information. You acknowledge that EasyCounselling does not make any representations as to the legal rights or privileges, remedies, damages, expenses, or potential profitability or loss of any kind that may be derived from use of the programs or services purchased on EasyCounselling.com.au.
No Guarantees
You accept and understand that no guarantees are made through use of this website or its products.
Testimonials
Testimonials are examples of real experiences and opinions of people’s experiences with EasyCounselling and are on the Site for illustration only. Are testimonials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.
Limitation of Liability
The fullest extent permitted by law, EasyCounselling excludes any liability for any direct, indirect, or consequential loss or damage incurred by in connection with this website, programs, product or services. By enrolling in, purchasing or using this website, programs, products, or services, you agree to this limitation of liability and release EasyCounselling from any and all claims. Any questions on these Terms and Disclaimers should be directed to EasyCounsellingAustralia@gmail.com
Updated: November 2022
PRIVACY & DATA COLLECTION POLICY
EasyCounselling ABN 60619069675 complies with the Privacy Act 1988 and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records Act 2001 Queensland and the applicable Health Privacy Principles in the Health Records Act when handling personal information which is health information.
EasyCounselling takes the protection of your personal information seriously. Personal information includes any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established.
Data Collection Practices
EasyCounselling collects personal information for the purposes of providing you with a counselling service. As part of this service, it is possible that the practice may need to collect information about things like how to contact you to arrange an appointment. EasyCounselling may collect information via the practice Consent Forms or other company forms that you complete, via our online booking system if you use that and via administration, or through our website EasyCounselling.com.au.
The kind of personal and health information that EasyCounselling may collect will depend on who you are (e.g. a client or third party service provider) and the nature of your connection with EasyCounselling. This information may include things like:
-
your full name
-
email address
-
phone number
-
date of birth
-
billing information
-
general appointment information and other personal information.
It is important that you are aware that failure to provide EasyCounselling with all the information requested, means that EasyCounselling may not be able to deliver the counselling services that you have requested.
EasyCounselling collects personal information in the following ways:
-
from you when you make an inquiry, book an appointment, email the practice, phone the practice, engage with the practice on social media, complete documentation, in a counselling session where you request a letter or report, where you complete an assessment or make an online booking;
-
from third party service providers – if you are referred through an EAP / doctor / or other third party, they usually provide us with your contact information and other information relevant to the referral;
-
when we receive enquiries through EasyCounselling.com.au and when the website is otherwise accessed or used;
The kind of personal information EasyCounselling may collect will depend on who you are (e.g. a client or third party service provider) and the nature of your interaction with us, and may include your full name, address, email address, date of birth, billing information, general appointment information and other personal information. If you do not provide us with all the information requested, Easycounselling may not be able to deliver the counselling services requested.
Consent
You consent to EasyCounselling collecting, using and disclosing your personal and health information for the purpose of complying with this privacy policy. By booking an appointment, making an inquiry, registering your details via our website / phone / email / SMS / social media contact / fax or other and or by completing a consent form, you provide EasyCounselling with consent to collect, use and disclose your personal and health information for the purpose covered in this privacy policy.
Information and Use
In the course of providing you with services EasyCounselling may use the information that you have provided to EayCounselling including personal and health information, in order to provide you with counselling services, send you an electronic newsletter, respond to feedback and complaints, utilise the EasyCounselling website, correspond with you and if required, enforce our client consent form / payment arrangement form.
Quality and Security of Data Collected
EasyCounselling takes reasonable steps to protect personal information collected and secure it from misuse, loss and interference and from unauthorised access and modification. EasyCounselling endeavours to ensure all such information collected is up-to-date and complete at the time it is collected, used or disclosed.
To ensure your information is accurate, please notify EasyCounselling. You can do this by emailing to EasyCounsellingAustralia@gmail.com
Health Information Collected
EasyCounselling complies with the Health Privacy Principles and the ethical guidelines of
Australian Counselling Association (membership 12571) in the collection, use and disclosure of all health information and to ensure that it is kept confidential.
EasyCounselling may collect your health information when you attend the practice and/or at any other time from time-to-time in the course of providing counselling services.
Your information may be collected for, but is not limited to, the following reasons:
-
as it is required for the provision of counselling services, including recording your personal information and health information as relevant to your current situation for the purposes of providing therapeutic intervention, writing reports and summaries;
-
only as essential for the provision of counselling services, or as otherwise in accordance with your consent, or as may be required by law;
-
only from you (or from someone authorised by you with your written consent)
-
in accordance with the code of ethics set out by ACA
-
with accuracy, on the basis that you may at any time request a copy of the health information that EasyCounselling has collected by emailing us at EasyCounsellingAustralia@gmail.com (subject always to applicable law) and where our records are found to be inaccurate, we will rectify any inaccuracies on the basis of the further information you provide.
Access, Updates and Complaints
EasyCounselling will provide you with access to your personal and health information that has been collected, subject to any legal exceptions, at your written request. Please also let us know if you have any concerns, questions or complaints so that EasyCounselling can address them promptly for you, by sending an email to EasyCounsellingAustralia@gmail.com. Where our records are found to be inaccurate, EasyCounselling will promptly correct any inaccuracies on the grounds of updated information that you provide.
Disclosure
EasyCounselling discloses personal information to additional third parties with your consent in accordance with this privacy policy or if permitted, authorised or required to do so by any relevant Federal or State or Territory law.
Changes to this Privacy Policy
From time to time, EasyCounselling may make amendments to this privacy policy. Any changes will be effective immediately upon the uploading of the revised privacy policy on Easycounselling.com.au. By continuing to use the EasyCounselling website and/or the counselling service following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this privacy policy, as amended from time to time, in who or part, you must terminate your use of the website and inform us immediately prior to any further receipt of our counselling services.
Contact Us
If you have any questions about this privacy policy please contacted EasyCounselling at EasyCounsellingAustralia@gmail.com