113a Anthony Rolfe Avenue, Gungahlin Australian Capital Territory 2912, Australia
Terms & Conditions Summary
Autism Canberra Pyschology Centre - Booking Terms & conditions
Welcome to Autism Canberra Psychology Centre!
We provide assessment services to help you determine if you, or your child, meets criteria for a diagnosis of ADHD, ASD (autism), learning disorders and so forth. We can also assess you or your child's cognitive (IQ) ability.
Before using the Platform, please read through these Terms carefully.
Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- We will handle your personal information in accordance with our privacy policy, available at https://autismcanberra.com.au/terms-%26-conditions .
- We may cancel, at any time before the commencement of a Booking for whatever reason, a Booking that we have previously accepted.
- To the maximum extent permitted by law, the Price is non-refundable.
- We will have no liability for any aspect of the Patient and Medical Practitioner interaction including the services offered by the Medical Practitioner, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control;
- Our liability under these Terms is limited to the Price paid by you for the Booking to which the Liability relates or the Price paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability, and we will not be liable for Consequential Loss.
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.
Nothing in these terms limit your rights under the Australian Consumer Law.
Terms & Conditions - Part 1
1. Introduction
1.1 These terms and conditions (Terms) are entered into between Lewis Consulting Group Pty Ltd ACN 642 190 118 (we, us or our) and you, together the Parties and each a Party.
1.3 In these Terms, you means the person or entity registered with us as an Account holder.
2. Disclaimer
2.1 The information on our website is intended to be general information only is in no way intended to be medical advice, treatment or diagnoses. The information provided on the Platform should not be substituted for medical advice by your health professional, including any health professional available for Bookings with us. We do not accept any liability for any injury, loss, or damage incurred by the use or reliance on the information provided on the Platform.
2.2 You understand that we are not responsible for and do not provide access or prescriptions for any medication treatments. Our services involve connecting you with a psychologist who may, based on their own judgement, psychological expertise and assessment of your suitability for such treatments or care, or assessments to you.
2.3 We are not responsible for your relationship with any dispensary, retail location, medical practitioner, health care provider, any third-party, or other users of the Platform or services and do not make any guarantees as to any medical advice, products or services that a third party (including the psychologist) may provide you.
3. Acceptance & Platform Licence
3.1 You accept these Terms by accepting these Terms on the Platform.
3.2 You must be at least 18 years old to use the Platform. A parent or guardian may accept these terms on behalf of a minor who will benefit from the use of the Platform.
3.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel these Terms with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Booking, (a) you will no longer be able to use the Platform on and from the date of cancellation.
3.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
1.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- (a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- (b) using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
- (c) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
- (d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
- (e) facilitating or assisting a third party to do any of the above acts.
3.6 When using the Platform, receiving the Autism Canberra Psychology services or the services subject to a Booking, you agree to treat all of our employees, contractors and other service providers with respect. We do not tolerate any kind of abusive, threatening, or disrespectful behaviour towards any of our staff. Where we are made aware of any such behaviour, you agree that we may cease providing the Autism Canberra Psychology services to you.
4. Bookings
4.1 You can make a Booking through email or a phone call. Bookings may also be made on your behalf, provide we have written consent from the actual client to do so.
4.2 You understand and agree that we only make available the Autism Canberra Services. We are not party to any agreement entered into between you and a psychologist and we have no control over the conduct of psychologists (where they are our contractor), or any other users of the Site.
4.3 To make a booking for a consultation, you must provide us with all the information requested in the Intake Form, including (but not limited to) your name, contact number, email address, medical conditions and so forth.
4.4 All personal information you provide to us will be treated in accordance with our Privacy Policy.
4.5 Upon providing the relevant information and full payment of any relevant booking fee (the Price) in accordance with these Terms, your Booking Request is completed and becomes a confirmed booking (Booking).
4.6 Once your Booking Request is accepted by us, we will send you a confirmation email with the details of the Booking and the Price paid (Booking Confirmation). It is your responsibility to check the booking details providing in the confirmation email prior to the commencement of your Booking.
5. Cancellation Policy
5.1 You may cancel your Booking at any time by emailing or calling us, identifying your booking and requesting cancellation of your Booking but please be advised that there are conditions to you cancelling the booking. Your booking will not be cancelled until we provide confirmation of the cancellation of your booking in writing.
5.2 Where you cancel your booking for assessment services:
- (a) more than 7 days before the time of your booking, no cancellation fee will be incurred;
- (b) less than 7 days before the time of your booking, we reserve the right to charge you the full price for the Autism Canberra Services and you will not be entitled to a refund for any amount of the price; and
- (c) you may incur a further $200 cancellation fee, which must be paid prior to any attempt to reschedule your booking.
5.3 You agree the above cancellation fees are a genuine pre-estimate of our loss due to blocking your booking date and time and preventing other clients from booking that booking date and time.
5.4 Our cancellation: Due to unforeseen circumstances such as illness or a pandemic or government enforced lockdown or shutdown, you acknowledge that we or the psychologist may need to reschedule the date of your booking. Where we need to reschedule a booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the parties.
5.5 We will cancel your appointment and/or cease providing you with services should you or your family display any kind of abusive, disrespectful or accusatory behaviour towards any of our staff. We then reserve the right to not provide any type of refund to you in these circumstances as per Australian Consumer Law Rights and these Terms.
5.6 This clause will survive the termination or expiry of these Terms.
6. Price & Payment
6.1 You must pay us the Price in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
6.2 You must pay the Price in full, upfront using one of the methods set out on the Platform or as advised to you by us over the phone.
6.3 The payment methods we offer for the Price are set out on the Platform and include payment over the phone and direct deposit. We may offer payment through a third-party provider, such as Afterpay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
6.4 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
6.5 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
6.6 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
6.7 The Price is only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
6.8 We do not provide part refunds for any assessments we undertake unless stipulated under Australian Law. For example, we do not provide refunds for not completing the report part of the assessment.
7. Our Intellectual Property
7.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with these Terms, any content available on the Platform and the Platform itself) (Our Intellectual Property) will at all times vest, or remain vested, in us.
7.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property for the purposes it was intended to be used, and you may not use Our Intellectual Property for any commercial purpose.
7.3 You must not, without our prior written consent:
- (a) copy, in whole or in part, any of Our Intellectual Property;
- (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
7.4 This clause will survive the termination or expiry of these Terms.
Terms & Conditions - Part 2
8. Warranties
8.1 You represent, warrant and agree that:
- (a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
- (b) there are no legal restrictions preventing you from entering into these Terms;
- (c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- (d) you will immediately inform us of any changes to any information provided to us in the Consultation Form; and
- (e) you have not relied on any representations or warranties made by us in relation to the Site (including as to whether the Site is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
9. Australian Consumer Law
9.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
9.2 If the ACL applies to you as a consumer, noting in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
9.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
9.4 This clause will survive the termination or expiry of these Terms.
10. Exclusions to Liability
10.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- (a) any aspect of your interaction with the Psychologist including the services offered by the Psychologist, the description of the services requested or offered, any advice provided or the performance of services;
- (b) you not providing us with current health and medical/psychological information;
- (c) any third parties or any goods or services provided by third parties; and
- (d) any event outside of our reasonable control.
10.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Site Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.
10.3 This clause will survive the termination or expiry of these Terms.
11. Liability
11.1 Despite anything to the contrary, to the maximum extent permitted by law:
- (a) neither Party will be liable for Consequential Loss;
- (b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
- (c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the lesser of:
- the Price paid by you for the Booking to which the Liability relates; or
- the Price paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability.
11.2 This clause will survive the termination or expiry of these Terms.
12. Termination
12.1 We may terminate these Terms and any Bookings at any time by giving written notice to you, including where we determine you are ineligible for the Autism Canberra Services (Termination for Convenience).
12.2 These Terms will commence on the Start Date and will continue until the Services have been provided to you, unless earlier terminated in accordance with this clause 13.
12.3 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
- (a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
- (b) the Defaulting Party is unable to pay its debts as they fall due.
12.4 Should we suspect that you are in breach of these Terms, we may put your Booking on hold while we investigate the suspected breach.
12.5 Upon expiry or termination of these Terms:
- (a) we will remove your access to the Platform;
- (b) we will immediately cease providing the Autism Canberra Services;
- (c) we will cancel any existing Bookings and you will lose the Price and other amounts paid other than where termination is due to our Termination for Convenience; and
- (d) where we terminate these Terms for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
12.6 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid Price on a pro-rata basis.
12.7 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.
12.8 Where the services that we provide to you are terminated, for example, due to bullying, harassment, aggressive behaviour (e.g., in person or via using a carriage service) on the part of the client (you), there will be no refund of any monies paid and all our services to you will cease immediately.
12.9 This clause will survive the termination or expiry of these Terms.
13. aggressive, abusive, disrespectful behaviour
13.1 Autism Canberra Psychology Centre will not tolerate any aggressive, abusive or disrespectful behaviour from the client, the client's family or anyone else involved with the care of the client. Should this occur, we will cease all services immediately. You will not receive any refund for any monies you have paid to that point as per Australian Consumer Law Rights and these Terms.. We have a no tolerance policy for this type of behaviour.
14. General
14.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
14.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
14.3 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.4 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
14.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.
14.6 Governing law: These Terms are governed by the laws of Australian Capital Territory. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Australian Capital Territory and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
14.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.8 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
14.9 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
14.10 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
15. Definitions
15.1 Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
15.2 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
15.3 Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
15.4 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Questions?
Do you have any questions regarding these terms & conditions?
For any questions or notices, please contact us at:
Lewis Consulting Group Pty Ltd (ACN 642 190 118)
Email: reception@autismcanberra.com.au
Thank you!
Last update: 12 February 2023
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