Last Updated: 28 September 2021
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
1. As part of providing a therapeutic service to you, the Company needs to collect and record personal information from you that is relevant to your situation, such as your name, contact information, medical history and other relevant information.
3. The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. If the Company becomes aware of a data breach, you will be informed by way of email notification as early as possible as per Australian Psychological Society (APS) guidelines. You can read more about the requirements here.
4. At any stage you are entitled to access your personal information kept on file, subject to exceptions in the relevant legislation. The therapist may discuss with you different possible forms of access.
5. All personal information gathered by the Company and therapist during the provision of the Service will remain confidential except when;
i. it is subpoenaed by a court; or
ii. failure to disclose the information would place you or another person at serious risk to life, health or safety such as:
a) if you are at risk of hurting yourself or someone else; or
b) if you indicate that a minor, elderly person or a vulnerable person is at risk of harm or neglect; or
c) if you disclose the details of criminal activity that are a serious indictable offence; or
iii. your prior approval has been obtained to
a) provide a written report to another professional or agency. e.g., a GP or a lawyer (please note that if you attend counselling sessions with a psychologist at The TARA Clinic Pty Ltd and intend on claiming the Medicare Mental Health Care Plan Rebate, then the psychologist is mandated to report back to your GP); or
b) discuss the material with another person, eg. a parent, employer or health provider; or
c) disclose the information in another way; or
iv. you would reasonably expect your personal information to be disclosed to another professional or agency (e.g. your GP) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected; or
v. disclosure is otherwise required or authorised by law.
6. Your personal information will not be used, sold, rented or disclosed for any other purpose.
NO MEDICAL OR PERSONAL ADVICE
1. The information and any services we provide on and through this website is for general information purposes and is not a substitute for any professional or medical attention, treatment, examination, advice or diagnosis. It is not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner. You are responsible for consulting a medical professional before using any of the information or materials contained on or accessed through our website, before commencing any new regimes, making alterations to your diet, trying any treatment or taking any course of action that may directly or indirectly affect your health or well-being. You should also contact us, as mental health professionals, prior to signing up or using any of our Services so we may advise on the suitability of any service, program or treatment.
2. You agree that some of our Services may involve health or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any information, discussions or recommendations that may arise during the sessions or programs, is done at your own risk. In engaging our Services, you agree you are at all times responsible for your own physical health and emotional well-being.
1. ‘Services’ includes any online materials, consulting, coaching, programs, sessions, products and all goods and services that may be accessed on or through our website from time to time.
2. You take full responsibility and risk for making any decision based on information on our website or in using our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.
3. Self-Directed offerings may consist of multiple Services which you purchase with the knowledge and intention of completing the content without the intervention or active support of the Company and it's therapists. Where there is an available online community, and this is noted as an explicit part of the offering you have purchased, you will automatically receive access to the online community portal. At this time, the Company has not found an appropriate online community portal though will inform you when one is available for your Service. All payments are set up as monthly payments via our Biller (Stripe) for the duration and price that is shown on the checkout page.
4. Group Program offerings may consist of multiple Services which you purchase with the knowledge and intention of engaging in the program content in its entirety. This may include, yet is not limited to, attending online live group sessions, completing online learning modules within the online learning portal, and attending individual counselling sessions. Where there is an available online community, and this is noted as an explicit part of the offering you have purchased, you will automatically receive access to the online community portal. At this time, the Company has not found an appropriate online community portal though will inform you when one is available for your Service. All payments are set up as monthly payments via our Biller (Stripe) for the duration and price that is shown on the checkout page. In the event that you request to pay upfront, that may be made available to you at the sole discretion on The TARA Clinic Pty Ltd. and is on a case by case basis.
5. Individual Programs offerings may consist of multiple Services which you purchase with the knowledge and intention of engaging in the program content in its entirety. This may include, yet is not limited to, attending individual sessions, completing online learning modules within the online learning portal, and having access to individual coaching calls. Where there is an available online community, and this is noted as an explicit part of the offering you have purchased, you will automatically receive access to the online community portal. At this time, the Company has not found an appropriate online community portal though will inform you when one is available for your Service. All payments are set up as monthly payments via our Biller (Stripe) for the duration and price that is shown on the checkout page. In the event that you request to pay upfront, that may be made available to you at the sole discretion on The TARA Clinic Pty Ltd. and is on a case by case basis.
6. Counselling Session offerings may consist of multiple Services which you purchase on a sessional bases. All fees are as displayed at the time of booking (online) or displayed on the website for each clinician. Payment is required prior to or on the day of the session and is non-refundable when the session has been attended. Please note we have a strict 48 hour cancelation policy for cancellations and rescheduling and if you request to change your appointment within this time, the full fee is payable in addition to the new session.
USE BY MINORS
1. The Services are not directed to minors, including young people under the age of 18, and we request that they not provide Personal Data through the Services. Access to the Services by persons aged 16 to 18 is strictly at the Company's discretion. We do not sell any Personal Data of Customers, Visitors or Users, including those aged between 16 to 18.
2. To access telehealth consultations you will need access to a quiet, private space; and the appropriate device, i.e. smartphone, laptop, iPad, computer, with a camera, microphone and speakers; and a reliable internet connection. The privacy of any form of communication via the internet is potentially vulnerable and limited by the security of the technology used. To support the security of your personal information this practice uses Power Diary and Zoom which is compliant with the Australian standards for online security and encryption. You can read more about Power Diary's Security, Privacy and Compliance measures here and you can read more about Zoom's Security, Privacy and Compliance measures here.
1. Self-Directed Programs (Service Subscription): when you subscribe to the Company's Self-Directed Program Service, you will have the ability to view the content within The TARA Clinic's Online Learning Portal and use all the features contained therein (Service Subscription). One Service Subscription provides access to one user only. The initial term of your Service Subscription will commence on the date you are charged for the Service Subscription and ongoing indefinitely. All payments are set up as monthly payments via our Biller (Stripe) for the duration and price that is shown on the checkout page.
2. Your Service Subscription will renew automatically each month, unless you provide written notice to the Company of your intent not to renew the Subscription at least thirty (30) days before the end of the then-present Subscription term. Service Subscription fees for the subsequent term will be charged on the same day and schedule of the then-present Service Subscription term. You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account. If your Service Subscription is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. If you cancel your account, you will be able to access the courses in The TARA Clinic's Online Learning Portal until your account renewal date. After your renewal date, you will lose access.
3. The Company also reserves the right to suspend or cancel your Service Subscription if, in the Company's sole and absolute discretion, you are using the Service Subscription in any way contrary to, or inconsistent with, the obligations of these Terms and/or any laws and regulations. If your Service Subscription is cancelled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. No suspension or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension or cancellation.
4. Program Payment Plans: when you subscribe to the Company's Program Payment Plans, you authorise the Biller to complete the payments outlined at the point of purchase. As Programs are provided for a specific time schedule, once the final payment in the scheduled payment plan is completed, no further payments will be required. You may terminate your involvement in the Program at any time and for any reason by sending us written notice requesting termination of your account. If your Program is canceled for any reason, you will not be entitled to a refund of any amounts paid to date from the Payment Plan. If you cancel your account, you will no longer be able to access the courses in The TARA Clinic's Online Learning Portal or access any of the Services associated with the Program. All payments are set up as monthly payments via our Biller (Stripe) for the duration and price that is shown on the checkout page.
5. The Company also reserves the right to suspend or cancel your Program if, in the Company's sole and absolute discretion, you are using the Program in any way contrary to, or inconsistent with, the intention of the program, impacting on the physical or therapeutic safety of another client, or the obligations of these Terms and/or any laws and regulations. If your Program is cancelled for any reason, you will not be entitled to a refund of any amounts paid for the Program. No suspension or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension or cancellation.
6. Program Upfront Payments: when you purchase the Company's Program outright, you authorise the Biller to complete the payment outlined at the point of purchase. You may terminate your involvement in the Program at any time and for any reason by sending us written notice requesting termination of your account. If your Program is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Program. If you cancel your account, you will no longer be able to access the courses in The TARA Clinic's Online Learning Portal or access any of the Services associated with the Program.
7. The Company also reserves the right to suspend or cancel your Program if, in the Company's sole and absolute discretion, you are using the Program in any way contrary to, or inconsistent with, the intention of the program, impacting on the physical or therapeutic safety of another client, or the obligations of these Terms and/or any laws and regulations. If your Program is cancelled for any reason, you will not be entitled to a refund of any amounts paid for the Program. No suspension or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension or cancellation.
8. Individual Counselling Sessions: The cost of a counselling consultation is payable in full prior to, or on the day of, your session with the Company. You can complete payment online using major credit/debit cards through our Biller or via a direct bank deposit into the Company's nominated bank account stated on your invoice. Each session is 45-50 minutes in duration, if you arrive late to your apportionment, you will forfeit some of that time. All fees are as displayed at the time of booking (online) or displayed on the website for each clinician. Payment is required prior to or on the day of the session and is non-refundable when the session has been attended. Please note we have a strict 48 hour cancelation policy for cancellations and rescheduling and if you request to change your appointment within this time, the full fee is payable in addition to the new session.
9. All online payments made to the Company are completed via our Biller (Stripe). You can read more about Stripe's Security, Privacy and Compliance measures here. By nominating a credit or debit account, you authorise our Biller to deduct from that account all Fees and other charges you are responsible for under the Service you have purchased.
10. You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment. If your payment is dishonoured, the Company will inform you via email and request that you update your details as a matter of urgency. The Biller will attempt to debit your account again 3 days after first attempt. If this is unsuccessful, the Biller will attempt to debit your account again 5 days after the first attempt. If this is unsuccessful, the Biller will attempt to debit your account again 7 days after the first attempt. If this final attempt fails, the subscription for the Service will be cancelled in the online learning portal and the product access will be automatically revoked.
1. The TARA Clinic’s cancellation policy for sessions states:
(a) Counselling: In the event that a Client is unable to attend or wishes to reschedule their appointment, a minimum of 48 hour notice is required. Any individual sessions cancelled with less than 48 hours notice will incur the full fee due and payable.
(b) Program: Any cancellation of an individual program session must be done more than 48 hours prior to the scheduled session. Any sessions that are notified to the therapist or The Company for cancellation or rescheduling within 48 hours of the session may be forfeited and may not be rescheduled. We have a strict policy for any cancellations or non-attendance of 3 times (not necessarily consecutive), during any program period, which may be, in our sole discretion, considered a termination of the program. It is important to ensure there is commitment on the part of the Client and attendance is fundamental to any successful outcome. No refunds will be provided and the Client will need to agree with the therapist whether they may be considered or accepted into any subsequent program
1. We make every effort to ensure our services are provided with due care and skill, and we at all times abide by the Australian Consumer Protection legislation with respect to any refund. Notwithstanding, the Company does not offer refunds for services provided as the time and expertise of the therapists is valuable. If you have a complaint regarding the service you were provided by a specific therapist, please complete the Complaint Process in the Terms and Conditions.
COMPETITION AND CONSUMER ACT
1. For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
2. It is an essential pre-condition to you using our website that you agree and accept that thetaraclinic.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
3. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. You must be over 18 years of age to use this website and to purchase or use any of our Services. Use of this website by persons between 16 to 18 years of age is only permitted at the sole discretion of the Company.
2. The Company's COVID Safe Plan includes providing automatic hand sanitiser dispensers at multiple points within the Clinic, free disposable masks if you require one and you don't have your own, multiple air purifiers in each room, space allowing for social distancing, and regular cleaning throughout the day.
LINKS TO OTHER WEBSITES
1. We may, from time to time provide on the website, links to other websites, advertisements, recipes, wellness, diet and general information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between ourselves and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
1. To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
2. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
3. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
1. At The TARA Clinic Pty Ltd, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. You can read more about the AHPRA regulations for Privacy here. All clinicians and therapists at or associated with The TARA Clinic Pty Ltd are required to meet The Australian Psychological Society APS Code of Ethics, which you can read here.
2. You may change your details at any time by advising us in writing via email. All information we receive from our clients is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers, rather it is stored by our Biller (Stripe).
1. We do not and will not sell or deal in personal or customer information. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
1. We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our clients or third parties. See Section 5 of Personal Information in the Terms and Conditions above.
EXCLUSION OF COMPETITORS
1. If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of thetaraclinic.com. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
1. This website contains material which is owned by or licensed to The TARA Clinic Pty Ltd. This material includes, but is not limited to, the learning content, design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
2. We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
3. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
4. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
1. These terms and conditions and any agreement you sign for our Services, represent the whole agreement between you and us concerning your use and access to our website, Services and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
1. Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
AMENDMENT OF TERMS
1. We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.
1. This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and The TARA Clinic Pty Ltd that results in litigation then you must submit to the exclusive jurisdiction of the courts of New South Wales.
1. The material on this site is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific to you, is not personal advice nor does it take into account your personal circumstances.
2. Nothing contained in this website is intended to be used or treated as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any condition nor should it be used as a substitute for your own health professional’s advice. You should not rely solely on the information contained in this website as it does not purport to be comprehensive or specific to your personal needs or requirements and all decisions about the treatment and management of any condition should be made with a healthcare professional who will consider the needs, personal medical history and circumstances of the individual.
3. You should also contact us as we are professionals that can assist with understanding whether any information and type of program may be suitable for you.
4. Whilst we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, or services contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use. Before relying on any information or material, you should obtain your own medical professional advice to ensure it is relevant to your particular circumstances.
5. In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information provided on or use of this website.
6. Through this website you may be able to link to other websites which are not under the control of thetaraclinic.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
7. Every effort is made to keep the website up and running smoothly. However, thetaraclinic.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
1. This website and its contents are the copyright of thetaraclinic.com- © The TARA Clinic Pty Ltd [ABN 66 638 169 114] 2021. All rights reserved.
2. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
a) you may print or download contents to a local hard disk extracts for your personal and non-commercial use only
b) you may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
3. You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.
1. Our Services are not a substitute for medical attention, treatment, examination, advice or diagnosis from your own medical practitioner. You are responsible for consulting your own medical practitioner before commencing any new regimes, techniques, methods or alterations to your health. You take full responsibility for making the informed decision to use our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.