Introduction

This document describes the Terms of Use for the MindstatePsychology website (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 ourDigital Services. A user does not have to hold an account with any DigitalServices or be a client of Mindstate Psychology.

Please note that the Mindstate Learning platform (https://mindstatelearning.com.au) operates as aseparate brand under Mindstate Psychology Pty Ltd and is governed by its ownTerms 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 ourwebsite and other Digital Services, provided it is in accordance with theseTerms of Use and does not contravene other legislation. The following actionsare expressly prohibited:

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

Mindstate Psychology reserves the right to limit or suspendaccess, refer criminal activity to the police or take legal action against anyindividual or entity violating these Terms of Use. Mindstate Psychology is notobligated to warn users prior to taking action when responding to a violationof these Terms of Use.

Acceptance of Terms

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

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

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

Online Bookings

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

Appointments booked via the Online Booking Platform cannotbe made more than 8 weeks in advance and must be cancelled with more than 48 hours'notice. Please contact reception if you need to manage your appointment outsideof these times.

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

• Using the platform to harass, intimidate or otherwisecommit deceitful or unlawful conduct.
• Using the platform in such a way that causesdisruption to our practitioners, staff or other clients. This includes bookingexcessive or unnecessary numbers of appointments, booking multiple appointmentsin one day, or excessively cancelling appointments.

Privacy

The protection of personal information is of paramountconcern for Mindstate Psychology. Our Privacy Policygoverns the collection and use of any individual’s information. By using our DigitalServices, you agree to have any applicable information processed and stored inaccordance with our Privacy Policy.  

Copyright, Rights and Ownership

Unless otherwise specified, Mindstate Psychology Pty Ltdowns the rights to all content published on the Mindstate Psychology Website. Excludingexemptions permissible under law, users cannot copy, publish, distribute, orotherwise reproduce any content without our written consent.

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

When content is generated by an individual user, that userremains the copyright holder. However, if a user chooses to submit that contentto Mindstate Psychology in the form of feedback or a suggestion, they waive anyrights 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 contentsubmitted by an individual user, including in the form of enquiries orfeedback.

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, Maintenanceand Customer Support

Features available through our Digital Services are providedas-is, with no guarantee for service reliability, functionality or ongoingsupport. Mindstate Psychology maintains the features of these services on abest-effort basis, with no obligations to ensure functionality.

Mindstate Psychology provides no guarantees for customersupport 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 toprovide further information. They do not signify endorsement by Mindstate Psychology. Mindstate Psychology is not responsible for the content of any linked website(s).

To the extent permissible under law, Mindstate Psychologyand its directors, employees, practitioners and other agents cannot be heldliable for any content published on our Website. Information on our Website isprovided on an as-is basis. It is only guaranteed to be correct at the time ofpublication.

Similarly, Mindstate Psychology cannot consider yourspecific circumstances, history, potential diagnosis(es) or financial situation. In particular, content published on our Website — including articles, blog posts, and resources relating to mental health and psychological wellbeing — is provided for general informational purposes only and does not constitute professional psychological, medical, legal or financial advice. Youshould always seek the guidance of a qualified professional, such as a psychologist,doctor, or lawyer, before making any decisions based on information on our Website. Mindstate Psychology and its directors, employees, practitioners andother agents cannot be held liable for any action (or inaction) taken based onthe content published on our Website.

Cookies

Mindstate Psychology uses cookies on our Website to provide functionality and for analytics purposes. The use of cookies, including how youcan 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 phonenumbers) is up-to-date and accurate. Any user violating these Terms of Use mayhave their account limited or suspended without warning and may face legalaction in accordance with these Terms of Use.

Jurisdiction

Mindstate Psychology operates in Western Australia and is governedby this jurisdiction. By using our Digital Services, you irrevocably agree thateither 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 Policyperiodically, and without prior notice to you, to reflect changes either withinour practice or in accordance with relevant laws. Any changes to the Policywill become effective upon publishing the updated version to the Mindstate website. If we make any material changes to this Policy will endeavour tonotify you, either directly by email or indirectly by placing a prominentnotice on our Website and / or in our practice, but we will not be liable forany failure to do so. Continuing to access Mindstate Psychology’s DigitalServices after an updated version of this Policy is published constitutes asacceptance 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 www.mindstatepsychology.com.au/about-us/contact-us.