Terms & Conditions

 

1. Acceptance of Terms and Conditions

Each time you book a counselling consultation with Cardia Counselling through our website or otherwise, you agree to be bound by these Terms and Conditions as amended from time to time. In addition, if you are using a particular service from our website or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms and Conditions. Cardia Counselling may change the Terms and Conditions by posting modifications on the website www.cardiacounselling.com.au. Therefore, you are encouraged to check the terms of the Terms and Conditions frequently. Unless otherwise specified, all modifications shall be effective upon posting. By using our website after the changes have become effective, you agree to be bound by such changes.

Please read the site’s Privacy policy, which is incorporated within these Terms and Conditions by reference.

 

2. Accredited Counselling services

We require every Counsellor at Cardia Counselling providing counselling services to be an accredited, trained, and licensed professional Counsellor, or similar applicable recognized professional certification based on their State or Territory jurisdiction. Our Counsellors will provide counselling services with care and compassion on the dates and times of your booking.

Our Counsellors are independent providers who are neither our employees nor agents. If you feel the counselling services provided by the Counsellor do not fit your needs or expectations, you should let us know. While we hope the counselling services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation or care in every particular situation.

 

3. Cardia Counselling website

Our website may be used to connect you with a Counsellor who will provide professional counselling services to you or a child on your behalf.
All content available on or through our website shall be the property of Cardia Counselling and shall be protected by copyright, trademark and other applicable intellectual property law.

You undertake not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through our website to any third party. All software and accompanying documentation made available for download through our website is the copyrighted work of Cardia Counselling or its licensors. Any copy made of information obtained through our website must be with our prior written consent and include all applicable copyright notices.
Our website is protected by copyright, trademark and other laws. Our trademark may not be used in connection with any product or service without the prior written consent of Cardia Counselling.

Although our website provides information and services through our online booking system you agree that Computit Pty Ltd (being the site editor) reserves the right to modify or discontinue provision of this website and its services temporarily, at any time, without notice and without any liability towards you. The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

 

4. Your privacy

We acknowledge and respect that your privacy and that the privacy of any child to whom counselling services are provided is paramount and will be protected in accordance with all applicable laws. All your personal information and that of any child to whom counselling services are provided by Cardia Counselling or which we may collect through our counselling services is subject to the terms of our Privacy policy.

 

5. Your responsibilities

In order to use our counselling services you must be aged 18 years or over and by booking a consultation with Cardia Counselling you undertake and represent to us that you are at least the required age. If you are arranging a consultation with us on behalf of a child then you agree to be bound by these Terms and Conditions. You agree to attend a consultation with our Counsellor through our online booking platform at the time and on the date of the booking and to pay for those services in advance using our online booking platform at the advertised rates that appear on our website. By providing us with your credit or debit card details you authorize us to bill and charge you through our online booking platform and to charge any additional fee as we may require for payment by credit card. You agree to provide true and accurate information at the time of booking your counselling consultation. You warrant to us that all information provided to Cardia Counselling is true and correct.

 

6. Your conduct

You agree to treat our Counsellors with courtesy and respect. You agree that you will not conduct yourself in any way that is (or may be construed as): unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; designed to interfere with or disrupt any service provided; or in violation of an applicable State, Territory or Federal Law. If you are arranging a consultation with us on behalf of a child then you agree that such child will treat our Counsellors with courtesy and respect and will also not conduct themselves in any such way that is (or may be construed as): unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; designed to interfere with or disrupt any service provided; or in violation of an applicable State, Territory or Federal Law.

We reserve the right to terminate any counselling consultation at any time and to refund to you any payment that you may have made in advance in respect of such consultation.

 

9. Indemnification

You agree to indemnify and hold harmless Cardia Counselling and all affiliated Counsellors and related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or our services, your violation of these Terms and Conditions, or any other violation by you of the rights of another person or party including any of our Counsellors.

 

10. Disclaimer of warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY OUR PROFESSIONAL COUNSELLING SERVICES (“SERVICES”) IS AT YOUR OWN RISK. WE WILL USE OUR BEST ENDEAVOURS TO PROVIDE SERVICES TO MEET YOUR EXPECTATIONS ALTHOUGH CARDIA COUNSELLING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

CARDIA COUNSELLING MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY. YOU ACKNOWLDGE AND WARRANT TO US THAT ANY SERVICES THAT ARE PROVIDED VIA THIS WEBSITE OR OTHERWISE WILL BE USED SOLELY AT YOUR OWN RISK, AND THAT WE WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding. To the extent we may be liable in any way, you agree that any liability is limited to the cost of the services provided by Cardia Counselling provided you have complied with these Terms and Conditions including the notification to us of any complaint within seven (7) days of the provision of such services.

 

11. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARDIA COUNSELLING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE OR LOSS OF ANY KIND RESULTING FROM (I) THE USE OF OUR SERVICES OR THE INABILITY TO USE OUR SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE USE OF OUR SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING OUR SERVICES, OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

 

12. Reservation of rights

Cardia Counselling reserves all rights, including but not limited to any and all copyrights, trademarks, know-how and any other proprietary right that we may have in respect of this website, its content, and any goods and services that may be provided by us. The use of our rights and property requires our prior written consent. By making services available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services without our prior written consent.

 

13. Applicable law

You agree that these Terms and Conditions and any dispute arising out of your use of our counselling services provided will be governed by and construed in accordance with the laws of the State or Territory in which the Counsellor is domiciled, notwithstanding any differences between the law and legislation in force at your location. By booking any consultation on this web site, or by using this website and the services it provides, you accept that jurisdiction is granted exclusively to such courts having jurisdiction to hear any disputes and you agree to submit to such jurisdiction.

 

14. Miscellaneous

a) In the event that any provision of these Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of Terms and Conditions will remain valid and applicable.
b) You agree that any issue or complaint in respect of the provision of our counselling services or use of this website must be notified in writing within one (1) week after such services were provided or use of the website was made failing which you agree and represent that the services provided by Cardia Counselling were satisfactory. Any notification in writing to us must be made by email to [email protected].
c) The failure of either party to assert any right under these Terms and Conditions will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect except where there is any issue or complaint by you in which event you must notify us within seven (7) days as agreed in these Terms and Conditions failing which you will be deemed to have waived your rights at law.
d) We may assign our rights and obligations under these Terms and Conditions at any time; in this event, we will be relieved of any further obligation.
e) These Terms and Conditions represent the entire understanding and constitutes the whole agreement between you and Cardia Counselling.