Terms and conditions

These User Terms (“Terms”) apply to all Users of this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our website services.

DEFINITIONS

“Practitioner” means a practitioner who provides services at The Counselling Space and through our website.

“Content” means any and all material, links, words, and images including but not limited to any goods and services, publications, answers to questions, and Practitioner details a Practitioner submits, advertises or links to the website.

"Services" means the Content and Practitioner directory provided on our website.

“the website” means www.thecounsellingspace.com.au.

“We”, “our” and “us” means The Counselling Space (a business of JandA Counselling and Consulting Services Pty Ltd ACN 646 214 253), including its directors, officers, employees, contractors.

“You” and “User” means the individual using our Services and by doing so, agree to these Terms.

GENERAL USER AGREEMENT

We are a facilitator for the purposes of permitting Practitioners to list the therapeutic services they provide from The Counselling Space on our website and for potential clients to search for and contact Practitioners.

All information about Practitioners and their services are provided by the Practitioners and not by us.

We are not affiliated with any particular Practitioner, beyond providing the Practitioner with access to our Services.

You use our Services at your own risk. We are not responsible for any Practitioner or user of our Services, nor any action or inaction which may happen as a result of your use of our Services.

You should take all reasonable care regarding your personal security when using the Services and, in particular, when providing any personal details and ensuring your own safety.

We are in no way responsible for your choice of Practitioner or purchases of services from any Practitioner. Any services which you purchase from a Practitioner will be a direct contractual relationship between yourself and the Practitioner. You will deal with any disputes, issues, dealings or complaints with a Practitioner directly with the Practitioner.

While we conduct general credentialing checks on Practitioners who work from The Counselling Space and appear on our website, we make no warranty as to their quality or suitability. We also do not recommend or endorse any particular Practitioner.

We urge you to make your own enquiries about any Practitioner before engaging their services and to conduct your own due diligence to verify their credentials and experience and that their services are suitable for your own personal circumstances.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will make every effort to ensure that the website is always available and virus free but from time to time, and in some instances, this may not be the case as it may be out of our immediate control.

OTHER WEBSITES

We may from time to time provide on our website links to other websites, advertisements, and information about other websites for your convenience. This does not mean that we sponsor, endorse, approve of or have an arrangement with these websites, unless we expressly state otherwise.

We take no responsibility for any content on linked websites, information or advertisements provided by third parties on our website, or information or advice provided directly to you by third parties.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content on the website without notice. We shall not be liable to you or any third party for any modification when it is required.

MEDICAL DISCLAIMER

The material on this site is for general information and educational purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific nor does it take into account your personal circumstances.

Nothing contained in this site 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 disease nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice.

Whilst we endeavour 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, services, or related graphics 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.

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.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or any advertisement on our website.

You acknowledge and agree that we are a facilitator only and are not in any way responsible for the conduct of any third party provider involved in the delivery of services or products in response to your request for services.

You agree that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of our website or your reliance on any information on our website. For the sake of clarity, in no event will we be liable for any direct, indirect, consequential, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of JandA Counselling and Consulting Services, trading as The Counselling Space.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or of any of our Advertisers.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

YOUR PRIVACY

We are committed to protecting your privacy. We will at all times respect the privacy and confidentiality of any information provided by you and adhere to the Australian Privacy Principles. 

DISCLOSE YOUR INFORMATION

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 customers or third parties.

We reserve the right to disclose the name and any other personal details of any user of the website to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

TRACKING AND COOKIES

We use cookies for functional purposes to remember user preferences and settings. 

We also use integrated Google Analytics to allow Practitioners to view statistical data relating to page visits.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use any information that you provide to improve our website and services but not for any other use.

EXCLUSION OF COMPETITORS

If you are in the business of providing similar information, goods or services as The Counselling Space for a fee to users, whether they be business users or domestic users, then you are a competitor of The Counselling Space. We expressly exclude and do not permit you to use or access our website to download any documents or information from our 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.

EXCLUSION OF UNENFORCEABLE TERMS

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 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.

GOVERNING LAW

These Terms are governed by the laws of New South Wales, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.