Introduction

This document describes the Terms of Use for the Mindstate Psychology website (https://www.mindstatepsychology.com.au/), Status Page (mindstatepsychology.instatus.com), Online Client Portal (portal.mindstatepsychology.com.au, https://clientportal.zandahealth.com/clientportal/mindstatepsychology/home), feedback forms (mindstatepsychology.fillout.com)  and any other digital services (collectively referred to as “Digital Services”) owned or operated by Mindstate Psychology Pty Ltd (“Mindstate Psychology”, “Mindstate”, “we”, “us”, “our”).

A user is any individual who accesses, browses or uses our Digital Services. A user does not have to hold an account with any Digital Services or be a client of Mindstate Psychology.

Please note that the Mindstate Learning platform (https://www.mindstatelearning.com.au) operates as a separate brand and is governed by its own Terms of Use and Purchase Policy. These Terms do not apply to the Mindstate Learning platform.

Acceptable Use

As a user, you have a right to browse and interact with our website and other Digital Services, provided it is in accordance with these Terms of Use and does not contravene other legislation. The following actions are expressly prohibited:

• Any use that violates federal law, state law or other regulations is expressly prohibited.
• Users must not tamper or interfere with the regular operation of our Digital Services. This includes attempting to access restricted areas, bypass account verification, attacking the site through DoS, DDoS or other malicious means.
• Users are prohibited from reversing engineering our website or other Digital Services through the source code or other similar measures for any purpose, not limited to accessing unauthorised information or replicating the site.
• Users are similarly prohibited from using any content published on our Website or other Digital Services for personal or corporate gain (including publishing content on personal platforms without the written permission of Mindstate Psychology and/or the copyright holder).
• Using Digital Services (such as the contact form or bookings systems) to harass, stalk or otherwise intimidate staff, practitioners or other users is prohibited.
• At no point should Users access, reproduce or distribute protected, confidential or copyrighted content without the owner and/or copyright holder’s approval.

Mindstate Psychology reserves the right to limit or suspend access, refer criminal activity to the police or take legal action against any individual or entity violating these Terms of Use. Mindstate Psychology is not obligated to warn users prior to taking action when responding to a violation of these Terms of Use.

‍

Acceptance of Terms

By using or browsing our Digital Services, including visiting our Website, you agree to be bound by these Terms of Use. Should you disagree with these Terms of Use for any reason, you must stop using our Digital Services immediately. These Terms apply to all users, not just our clients.

Furthermore, these Terms of Use do not replace, nor are they replaced by, any agreement or consent form that a client may sign with their individual practitioner or us prior to receiving clinical services as a client at Mindstate Psychology.

Where Mindstate Psychology provides online or telehealth services, clients are subject to additional consent requirements and security expectations as outlined in the relevant Terms of Service for that service. Clients accessing online sessions are responsible for ensuring they do so from a private, secure environment and that they use a secure internet connection.

‍

Online Bookings

Mindstate Psychology provides existing clients with the ability to book and manage their appointments online via our Online Bookings Platform. While the use of the Online Booking Platform is governed by these Terms of Use, any appointment booked through the platform is governed by the respective Terms of Appointment for that service.

Appointments booked via the Online Booking Platform cannot be made more than 8 weeks in advance and must be cancelled or rescheduled with more than 48 hours' notice. Please contact reception if you need to manage your appointment outside of these times.

We expect that all clients use our booking platform in a respectful manner. The following actions are expressly prohibited. Engaging in these actions will result in your access being limited or suspended, or subject to legal proceedings as permitted by these Terms of Use:

• Using the platform to harass, intimidate or otherwise commit deceitful or unlawful conduct.
• Using the platform in such a way that causes disruption to our practitioners, staff or other clients. This includes booking excessive or unnecessary numbers of appointments, booking multiple appointments in one day, or excessively cancelling appointments.

Privacy

The protection of personal information is of paramount concern for Mindstate Psychology. Our Privacy Policy governs the collection and use of any individual’s information. By using our Digital Services, you agree to have any applicable information processed and stored in accordance with our Privacy Policy.  

Copyright, Rights and Ownership

Unless otherwise specified, Mindstate Psychology Pty Ltd owns the rights to all content published on the Mindstate Psychology Website. Excluding exemptions permissible under law, users cannot copy, publish, distribute, or otherwise reproduce any content without our written consent.

We expressly prohibit the redistribution, modification or reproduction of the content published to our Website for any commercial purpose or gain unless prior written consent is granted from Mindstate Psychology and/or the copyright holder.

When content is generated by an individual user, that user remains the copyright holder. However, if a user chooses to submit that content to Mindstate Psychology in the form of feedback or a suggestion, they waive any rights or claims to that content and its use by Mindstate Psychology.

To meet ethical, legal and professional obligations, Mindstate Psychology reserves the right to maintain a copy of any content submitted by an individual user, including in the form of enquiries or feedback.

Modifications

As the owner and operator of the Website, Mindstate Psychology reserves the right to alter, add to, rephrase, suspend, remove, restrict, or otherwise modify any content published or functions enabled on the Website without the need to provide prior notice. This change could affect a paragraph, section, or the entire Mindstate Psychology website. Furthermore, Mindstate Psychology does not maintain or publish a changelog.

Other Digital Services, such as the Online Bookings or Status Page, are controlled by Mindstate Psychology but developed by a third party. As with our website, changes may occur at any time as these services evolve, and Mindstate Psychology provides no guarantees regarding the modification of these services.

Website Content, Maintenance and Customer Support

Features available through our Digital Services are provided as-is, with no guarantee for service reliability, functionality or ongoing support. Mindstate Psychology maintains the features of these services on a best-effort basis, with no obligations to ensure functionality. Mindstate Psychology provides no guarantees for customer support of our Digital Services.

From time to time our digital services may contain links to other websites or services. These links are provided for convenience or to provide further information. They do not signify endorsement by Mindstate Psychology. Mindstate Psychology is not responsible for the content of any linked website(s).

‍

Disclaimer of Liability for Content

All content published on our Digital Services, including articles, blog posts, resources, practitioner profiles, and any other material relating to mental health, psychological wellbeing, or clinical practice, is provided for general informational purposes only. It does not constitute, and must not be relied upon as, professional psychological, medical, legal or financial advice, nor does it establish a therapeutic or client relationship.

Mindstate Psychology makes no representation or warranty as to the accuracy, completeness, currency, or suitability of any content for your individual circumstances. Content is only guaranteed to reflect information available at the time of publication and may not account for subsequent developments in research, guidelines, or your personal situation.

To the maximum extent permitted by law, Mindstate Psychology, its directors, employees, contractors, practitioners and other agents exclude all liability (including for negligence) for any loss, damage, cost or expense whether direct, indirect, incidental or consequential arising from your access to, use of, or reliance on any content published on our Digital Services, or from any action or inaction taken as a result of that content.

You should always seek the guidance of an appropriately qualified professional before making any decision affecting your health, finances, or legal position.

‍

Practitioner Profiles and Information

Biographical information, areas of interest, specialisations, qualifications, and approaches to practice displayed for individual practitioners who use Mindstate Psychology's service and who are advertised or otherwise displayed on our Digital Services are supplied by the practitioner themselves. Practitioners providing services through Mindstate Psychology do so as independent contractors and are responsible for the accuracy and currency of their own profile information.

Mindstate Psychology does not independently verify, audit, or endorse the specific clinical claims, interests, or specialisations described in individual practitioner profiles, beyond confirming relevant registration and qualification requirements where applicable. Users should not assume that a practitioner's listed interests or approach guarantee a particular treatment outcome or suitability for their individual circumstances, and are encouraged to discuss their needs directly with the practitioner or our reception staff before booking.

‍

Cookies

Mindstate Psychology uses cookies on our Website to provide functionality and for analytics purposes. The use of cookies, including how you can opt-out, is explained in our cookie policy.

User Accounts

Users can create accounts on our Website and Digital Services to make bookings, pay outstanding invoices, and perform other similar functions.

Users are individually responsible for their accounts. Users must ensure that the information they provide (such as email address or phone numbers) is up-to-date and accurate. Any user violating these Terms of Use may have their account limited or suspended without warning and may face legal action in accordance with these Terms of Use.

Jurisdiction

Mindstate Psychology operates in Western Australia and is governed by this jurisdiction. By using our Digital Services, you irrevocably agree that either the Western Australian Courts or Federal Courts of Australia have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim arising out of or in connection with this agreement, including any question regarding its existence, validity, formation, or termination.

Changes to these Terms

Mindstate Psychology reserves the right to update this Policy periodically, and without prior notice to you, to reflect changes either within our practice or in accordance with relevant laws. Any changes to the Policy will become effective upon publishing the updated version to the Mindstate website. If we make any material changes to this Policy will endeavour to notify you, either directly by email or indirectly by placing a prominent notice on our Website and / or in our practice, but we will not be liable for any failure to do so. Continuing to access Mindstate Psychology’s Digital Services after an updated version of this Policy is published constitutes as acceptance of the revised Policy.

Contacting Mindstate Psychology

Mindstate Psychology can be contacted by:

• Sending an email to: info@mindstatepsychology.com.au
• Sending a letter to: PO Box 393, South Perth 6951

The most up-to-date contact details are available on the Mindstate Psychology website at https://www.mindstatepsychology.com.au/contact-us