Terms and Conditions

TERMS AND CONDITIONS

OTP HEALTH PTY LTD

We operate and provide this Website and its related Services subject to the following Terms and Conditions.

By accessing, browsing, or using this Website or the Services you agree that you have read, understood and agree to be bound by these Terms and Conditions, our Privacy Policy (Privacy Policy) and all applicable laws, and you acknowledge that this Website and the Services are available for your use only on the condition that you agree to be bound to these Terms and Conditions. You should read these Terms and Conditions and Privacy Policy carefully before using this Website.

We reserve the right to revise and update these Terms and Conditions by making any changes immediately. We will notify you as soon as reasonably practicable after such changes have been made. The revised terms will take effect when they are posted on the Website and your continued usage of this Website and/or the Services after any changes to these Terms and Conditions will mean you accept those changes.

In these Terms of Conditions:

Intellectual Property means all present and future industrial and intellectual property rights relating to the Website, Services, Materials, and/or us, including, without limitation:

inventions, patents, copyright, trade business, company or domain names, rights in relation to registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have Confidential Information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and

any application for or right to apply for registration of any of those rights.

Materials means all of the materials displayed on the Website, including (without limitation) all information, text, graphics, names, logos, trade marks, design, software and advertisements;

Services means the services provided by us to you on the Website from time to time;

us, we, and our means OTP Health Pty Ltd ACN 673 117 550 and our employees, agents, contractors, affiliates and any other related parties; and

you and your refers to anyone who visits and/or uses the Website and/or is provided access to the Services.

PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information in accordance with the principles of the Privacy Act 1988 (Cth), the Australian Privacy Principles and (if applicable) General Data Protection Regulation (EU) 2016/679 or the Data Protection Act 2018 (UK) and “UK GDPR” (as defined in the Data Protection, Privacy and Electronic Communications Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations SI 2019/419). You can access our Privacy Policy at the Privacy Policy Address.

ownership, Licences and site access

You acknowledge that:

all rights, title and interest in the Intellectual Property, anywhere in the world, belong to us or our licensors;

all rights in relation to the Intellectual Property are licensed (not sold) to you;

you hold no proprietary rights, title or interest in the Intellectual Property, other than the right to use such property in accordance with these Terms and Conditions; and

nothing contained in these Terms and Conditions shall be construed as an assignment or transfer of the Intellectual Property to you.

We grant you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable, licence to use the Intellectual Property to access the Website and Services for personal and non-commercial purposes only. You acknowledge and understand that you are solely responsible for your use of the Intellectual Property, Website and Services in this regard (including any other party’s use of your account).

You undertake and agree that you will not (and will not allow any person using your account to), without our prior written consent:

rent, lease, sublicence, loan, sell or use for commercial purposes, the Intellectual Property, Website and/or Services;

modify, adapt, translate, reverse-engineer, decompile, disassemble, or make derivative uses of, the Intellectual Property, Website and/or Services;

copy, imitate, mirror, reproduce, distribute, disseminate, publish, download, display, perform, post or transmit any Intellectual Property in any form or by any means;

use the Intellectual Property, Website and/or Services in a way that may (or does) damage, disable, overburden, interfere with, or adversely affect the functionality of the Intellectual Property, Website and/or Services;

use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website, or collect any information from the Website or Services;

use the Intellectual Property, Website and/or Services in a way that may (or does) bring our business, the Website or Services into disrepute;

use the Intellectual Property unlawfully, in an inappropriate way or in a manner inconsistent with these Terms and Conditions;

infringe our rights (or the rights of any third parties) in relation to the Intellectual Property;

bypass or avoid our security features or measures which have been implemented on the Website or in connection with the Services (or attempt to do the same); and

apply to register, or challenge the validity of, the Intellectual Property.

Hyperlinks

Linking to our Website is prohibited (without our express written consent). Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense, and we accept absolutely no responsibility and make no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third-party websites.

Your Account

If you use this Website, you may be required to set up an account and/or password(s).

You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

We reserve the right to refuse service, terminate or suspend accounts, remove or edit content in our sole discretion.

If you register on the Website, you agree that any information you provide to us will be current, accurate and complete.

We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to the unauthorised use of your account and/or password either with or without your knowledge.

You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security.

If your account is terminated, removed, suspended or cancelled, you (and/or any person using your account) will be prohibited from creating a new account.

Missed / Late Cancelled Appointments

Should you need to cancel an appointment, you must provide 48-hours’ notice. Any appointments cancelled or missed without adhering to this 48-hour window will incur a cancellation fee. If you are late for an appointment your session may be less than 50 minutes in duration. Please note you will need to pay the full amount in these circumstances; however, your insurance rebate (if any) may be reduced.

Cancellation Fee

(i) If you cancel 48 hours or more before the event, you won't have to pay a cancellation fee.
(ii) If you cancel 24 to 48 hours before the event, you will need to pay 50% of the session cost.
(iii) If you cancel less than 24 hours before the event, you will need to pay 75% of the session cost.
(iv) If you don't show up for a booked session, you will be charged the full session amount with no refund or transfer.

Payments

You may purchase the Services from us for the fee indicated on the Website or as otherwise specified by us at the time of purchase (which is exclusive of GST).

We use third-party ecommerce providers to facilitate the sale of the Services through our Website (Providers). When you purchase any Services from us, you agree to the terms and conditions prescribed by the Providers.

You may make payment for the Services through the accepted payment methods specified by us on our Website by us from time to time.

By paying for the Services through the payment methods specified above, you acknowledge and accept that you will be charged by us (and you authorise us to charge you) for the Services that you have agreed to purchase.

We will notify you by email as soon as any payment has been successfully processed and received by us. If any payment is not successfully processed, you will receive a notification from us, and you will need to contact us to resolve the issue. We will not attempt to charge you again until the issue has been resolved.

If you believe that you were incorrectly charged, please contact us immediately, and we will attempt to rectify the error as soon as reasonably practicable.

You also agree that you will be responsible for any fees or charges that are incurred whilst processing your payment, including but not limited to, credit or debit card transaction processing fees, merchant settlement fees and other similar fees.

You warrant that you will have sufficient funds available for us to process payments.

We will only store and hold your payment credentials (if applicable) in accordance with our Privacy Policy.

REFUNDS

Subject to your rights under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), we do not provide refunds relating to any Services provided to you.

Matter you may submit to US

From time to time, the Website may make available newsfeeds, bulletin boards, online chat facilities, comment areas, billboards, forums, groups, postings sections and other similar communications facilities (Website Content Facilities).

You acknowledge and understand that:

any words, images, videos, sounds, music, posts, notes, messages, ideas, suggestions, or other material of any kind which you submit to us while accessing the Website, the Website Content Facilities or the Services (Website Content), must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any misleading, deceiving, fraudulent, profanity, obscene, indecent, vulgar, pornographic, defamatory, offensive or unlawful material;

any Website Content must not be self-promotional, must not contain spam or unwanted commercial content intended to drive traffic to third party websites and must not include unlawful acts such as phishing or spoofing;

any Website Content must not include, malware, worms or viruses or other harmful, disruptive or destructive files or code, script or other software;

you grant us an unlimited, non-exclusive, transferrable, worldwide, sublicensable, perpetual, irrevocable, royalty-free licence to use, copy, modify, transmit, sell, create derivative works from, distribute, in whole or in part, at any time, and in any manner, for any commercial and/or non-commercial purpose whatsoever, the Website Content;

we are free to use any ideas, concepts, know-how, or techniques relating to the Website Content for any commercial and/or non-commercial purposes;

we have no obligation to monitor the Website Content Facilities or the Website Content (nor are we responsible for the form of the Website Content);

we reserve the right, at all times, and in our sole and absolute discretion, to edit, refuse to post or to remove any information or materials, in whole or in part relating to the Website Content or the Website Content Facilities, or to disclose any information deemed by us necessary to satisfy any applicable law, regulation, legal process or governmental request;

communications to or with the Website Content Facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children;

we do not control or endorse the Website Content, and we specifically disclaim any liability with regard to same (together with any actions resulting from your engagement with the Website Content Facilities);

the moderators, forum managers or hosts of the Website Content Facilities (if any), are not authorised company spokespersons, and their views do not necessarily reflect our views; and

any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments and suggestions, are and will be treated as, non-confidential and non-proprietary, except where otherwise stated in the Privacy Policy.

You warrant and represent that:

you hold all rights, title and interest in the Website Content;

you have the right to make the Website Content available on the Website Content Facilities;

your submission of the Website Content to us does not (and will not) violate or infringe the rights of any third-parties; and

our use of the Website Content:

does not violate these Terms and Conditions; and

will not violate or infringe the rights of any third-parties.

ELECTRONIC COMMUNICATIONS

From time to time, we may offer a newsletter or service information updates. By accepting these Terms and Conditions, you consent to us using your email address to send you our newsletters or product or service information updates (as applicable). We may also use your email address to send updates to you, from time to time, about changes to the Services. If requested by you, we will remove you from our mailing list in accordance with the Privacy Policy.

Termination

We may terminate these Terms and Conditions, and block or prevent future access to (and the use of) this Website and the Services, at any time, for any reason. You may terminate these Terms and Conditions at any time, for any reason, by notifying us in writing. Upon termination of these Terms and Conditions, the licences granted by us to you in relation to our property (including the Intellectual Property) shall be automatically and irrevocably revoked, and you shall immediately cease in using that property (and immediately return copies of the same to us).

Warranties and guarantees

This Website is provided "as is" and we specifically exclude all warranties of any kind to the fullest extent permissible by law. We do not guarantee, the accuracy or completeness of the Website, or any information or content on the Website, or that the Website are free of defects or viruses and we accept no responsibility for viruses and defects.

While we use reasonable endeavours as to avoid any disruption or downtime to the Website and/or Services, from time to time, there may be disruption to the Website and/or Services, in order to upgrade or maintain them, or for other circumstances beyond our control. Should there be any interruption to the availability of the Website and/or Services, we will use its reasonable endeavours to minimise that interruption.

REPRESENTATIONS AND INDUCEMENTS

You acknowledge and agree that:

we have not made any representations or inducements in respect of the Website or the Services; and

an individual’s outcomes (in relation to a Course) depends on the participant’s desire, consistency, dedication, desire and motivation.

LIMITATION OF LIABILITY

You acknowledge and understand that:

the Website and Services have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that they meet your requirements and/or needs;

the use of this Website and Services is entirely at your own risk;

we assume no duty of care to you or any other party who relies on anything provided for by us through the Website and Services;

we rely on all warranties and undertakings provided by you under these Terms and Conditions;

your use of the Website and/or Services (such as your participation in a Course) does not establish a doctor-patient, counselling-client, or therapist-client relationship of any kind (or any similar relationship) between you and/or us; and

we are not obliged to confirm or check the accuracy, legitimacy or efficacy of the personal information or other materials you provide to us in connection with your use of the Website and/or Services.

Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees, if any) for:

any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill, or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this Website and Services, or your use of or reliance upon any of the information or the Intellectual Property provided through the Website or Services, or otherwise provided by us to you; or

any losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way, arising in connection with:

death, personal injury or property damage resulting directly or indirectly from your use of the Website and Services; and/or

any failure or delay due to matters beyond our reasonable control.

Where the law implies a warranty into these Terms and Conditions, which may not be lawfully excluded, our liability for breach of such a warranty shall be limited to, in the case of the Services, the total amount paid by you to us for the Services.

You agree that this Website is provided free of charge. We shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. We may from time to time, publish links to other third-party websites on this Website. Contents, hyperlinks or information held on other sites is not our responsibility. We shall not be held liable for any information held on websites which may have links to or from this Website, and which are not maintained and controlled by us. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person. Our aggregate liability to you for any other losses resulting from use of the Website is limited to the nominal amount of $AUD1.

INDEMNITY

You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or Services, or your breach of any of these Terms and Conditions.

DISPUTES

In the event of any dispute under these Terms and Conditions:

you will notify us of the complaint using the contact details provided in these Terms and Conditions;

we will review your complaint and request any further information that we may require;

you and we will both negotiate in good faith to resolve the dispute; and

you agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.

Waiver

If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

MINORS

This Website and the Services are designed and intended for individuals aged 13 and above.

If you are less than 13 years of age, you must only use this Website and/or Services with the consent of your legal guardian.

We accept no liability for individuals who use the Website and/or Services who are under the age of 13 years.

Events outside out control

We will not be liable or responsible for any delay in or failure to comply with these Terms and Conditions if such delay or failure is caused by circumstances beyond that party's reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (Event Outside Our Control).

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions, our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavours to find a solution by which our obligations under these Terms and Conditions may be performed despite the Event Outside Our Control.

International Users

We control and operate the Website and Services from Australia. We do not represent that the Website and/or Services are appropriate or available for use cross-jurisdictionally. If you are accessing the Website and Services from locations other than Australia, you acknowledge and understand that you are doing so at your own risk and on your own initiative, and you are solely responsible for compliance with local laws (as may be applicable).

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us with respect to this Website and the Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website and the Services.

VARIATION

These Terms and Conditions may be amended or varied by us, at any time, for any reason, at our discretion, and may not be amended or varied in any other manner.

While we will use reasonable endeavours to notify you as soon as such variations have been made, you are required to revisit these Terms and Conditions before placing any orders on the Website to ensure that these conditions have not changed.

The new terms may be displayed on screen and you may be required to read and accept them to continue your use of the Website and/or Services.

ASSIGNMENT

We may transfer our rights and obligations under these Terms and Conditions to another party at our discretion, without notice to you. You may only transfer your rights or obligations under these Terms and Conditions to another party if we agree in writing.

SEVERANCE

Each of the conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Applicable Law

By accessing, browsing or using this Website and/or the Services, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us, or our related companies. Regardless of where you access this Website and/or the Services, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us, or any of its related companies.

Contact Us

If you have any questions or suggestions regarding these Terms and Conditions, please contact us via the contact page on this website.

Term and Conditions for Telehealth Services

Confidentiality, Privacy and Record Management

Confidentiality and Privacy

Your treatment with your practitioner is confidential and private. This means your practitioner we will not disclose the information you provide to Third Parties unless you consent for us to do so. The one departure from this is that Wombat will collect and store personal information, data, medical records and notes for the practitioners as part of the services it offers to the practitioners. This will be stored securely on Wombat’s practice software.

It is important to note that there are limits to confidentiality in exceptional circumstances including when there is a risk to you or others, or if Wombat or your practitioner is responding to a subpoena or court order. Your practitioner will discuss this with you during your first appointment and answer any questions you might have. You can find full information about Wombat’s approach to confidentiality, and the limits to this in our Privacy Policy which can be found here: https://www.wombat.health/privacy-policy

Health Record Management

You practitioner will create and keep health records for you which will record all relevant information relating to the treatment provided to you. This will be stored on practice software controlled by Wombat. Wombat may also collect and store health information about you from Third Parties such as your doctor or general practitioner. Your health records are managed and protected in accordance with all applicable local laws. Health records are legally required to be stored for a number of years following the conclusion of your treatment with us. The details of this can be found in our Privacy Policy here: https://www.wombat.health/privacy-policy. You are also able to request access to a copy of your health record. Please discuss this with your practitioner or reach out to us should you wish to do this at any time.

Nature of Services Provided and Emergencies

Nature of Services

All practitioners are fully qualified and registered. Prior to commencing treatment your practitioner will discuss their proposed treatment approach with you and ensure you understand the rationale for the approach, including any identified risks.

Limitation to Services

Treatment is provided via prearranged, scheduled appointments. Practitioners have limited availability for contact outside of scheduled appointments. Practitioners may not have an opportunity to respond between session contact prior to your next appointment so this should not be relied upon for emergency matters. For emergency matters please contact the appropriate agencies using the details below. Practitioners will only provide services that are within their professional capabilities, competence and role as a private provider. If treatment needs are identified that are outside of this scope your practitioner will endeavor to assist you in identifying alternative suitable providers.

APS Charter for Clients of Psychologists

Before people can work as psychologists they must be registered with the Psychology Board of Australia. As a client, you have a right to expect that:


• You will be treated with respect;


• You will receive a clear explanation of the service you will receive;

• Your consent for any service will be sought by the psychologist prior to the service commencing and as it progresses;

• You will receive an explanation about the nature and limits of confidentiality surrounding the service;


• You will be clear about the goals that you and the psychologist are working toward;


• You will receive competent and professional service;

• You will receive a clear statement about fees;


• An estimate of the number of sessions required to achieve your goals will be discussed;

• You will receive a service free from sexual harassment;


• You will be shown respect for your cultural background and language tradition;

If you have any concerns about the above matters, please discuss them with your psychologist. If you have concerns about the conduct of your psychologist, you may call either the Psychology Board of Australia on 1300 419 495, or the Australian Psychological Society on (03) 8662 3300.

Emergency Situations

This is not an emergency service. Wombat is not, nor are the practitioners you contact via the Wombat platform, able to respond to urgent or emergency matters and our communication channels are not monitored outside of standard business hours. For urgent concerns relating to your health or other emergencies please contact the appropriate emergency services.

Telehealth

Consent for Provision of a Telehealth Service

During your treatment with your practitioner via the Wombat platform you may be provided with service via Telehealth. Where appropriate the services you receive may be provided by telephone or videoconferencing. You are responsible for the costs associated with setting up the technology needed so you can access telehealth services. Wombat and the practitioner will be responsible for the cost of the call to you and the cost associated with the platform used to conduct telehealth services.

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 which is compliant with international standards for online security and encryption.

Limitations of Telehealth

A telehealth consultation may be subject to limitations such as an unstable network connection which may affect the quality of the session provided. In addition, there may be some services for which telehealth is not appropriate or effective. Your practitioner will consider and discuss with you the appropriateness of ongoing telehealth sessions.