PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern mindsofcolour.com.au’s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our”, “We” and “mindsofcolour.com.au” refers to Kelly Penniment-Saich t/a Minds of Colour Psychology (ABN 78681797139) and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
BOOKINGS, CANCELLATION AND REFUNDS
Online Bookings
Bookings made through this website are requests for an online appointment and are not confirmed until you receive written confirmation by email or other written communication from us.
All appointments must be booked through our nominated third-party booking platform, Halaxy.
When making a booking, you will be required to select the relevant service type, which may include:
Initial or Ongoing Therapy Session
Initial Assessment Session
Ongoing Assessment Session
Feedback and Report Session
The duration and fee for each appointment type will be displayed at the time of booking. Availability is subject to change and bookings are not confirmed until you receive written confirmation.
We reserve the right to decline, reschedule or cancel a booking at our discretion, including where the requested service is not appropriate, where availability changes, or where required information has not been provided.
Bookings for Minors: Where services are to be provided to a person under 18 years of age, a parent or legal guardian must make the booking and provide consent in accordance with our Client Services Agreement.
Not an Emergency Service: This website and booking system are not monitored for emergency communications. If you are experiencing a crisis or require urgent assistance, you must contact emergency services on 000 or an appropriate crisis support service.
Booking Accuracy
You are responsible for ensuring that all information provided during the booking process is accurate and complete. We are not responsible for delays, errors or misdirected communications arising from incorrect information provided by you.
Fees and Payment Authorisation
Where payment details are requested at the time of booking, you authorise us or our third-party payment processor to charge the applicable consultation fee or cancellation fee in accordance with our Cancellation and Fees Policy. All payment processing is handled by secure third-party providers.
Deposit Policy
A deposit equal to 50% of the applicable session fee is required at the time of booking.
The deposit will be applied toward the total session fee.
Deposits are non-refundable within the applicable cancellation window set out below.
Cancellation Policy
All bookings are subject to our Cancellation Policy. By making a booking, you acknowledge that cancellation fees may apply in accordance with the below policy.
To ensure fairness to all clients and the sustainability of the practice, cancellation fees apply where adequate notice is not provided.
If you provide:
• 48 hours or more notice before the scheduled appointment time, no cancellation fee will apply.
• Between 24 and 48 hours notice, 50% of the session fee will be charged.
• Less than 24 hours notice, 100% of the session fee will be charged.
• No attendance without notice, 100% of the session fee will be charged.
Notice must be provided in writing or via the booking system. Cancellation fees may be charged to the payment method provided at the time of booking.
Cancellation fees are not claimable through Medicare or private health insurance.
Refund Policy
We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Fees for completed sessions are not refundable.
Refunds may be provided at our discretion in limited circumstances, including where:
• We cancel the appointment;
• A technical failure prevents the session from being delivered; or
• Exceptional circumstances apply.
Any approved refund will be processed to the original payment method where possible.
Medicare and Private Billing
Where a service is eligible for Medicare or private health insurance claiming, you remain responsible for any gap fees and for compliance with the relevant claiming requirements. Cancellation fees and non-attendance fees are not claimable through Medicare or private health insurance.
THIRD PARTY PLATFORMS
We may use third-party platforms to facilitate bookings, payments or communications. While we take reasonable steps to select reputable providers, we are not responsible for outages, errors, delays, security breaches or technical failures arising from those third-party systems.
Your use of those platforms may also be subject to the terms and conditions of the relevant provider.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and mindsofcolour.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
To the extent permitted by law, we are not liable for loss arising from use of this website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), mindsofcolour.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the services to you again; or the payment of the cost of having the services supplied to you again.
You must be over 18 years of age to use this website and to purchase any services or have legal guardian written consent.
LINKS TO OTHER WEBSITES
We may from time to time provide on their website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
No Clinical Advice
Information provided on this website is for general informational purposes only and does not constitute psychological advice, diagnosis or treatment. Accessing this website or making a booking does not establish a psychologist-client relationship until a formal Client Services Agreement has been accepted and services have commenced.
General
To the fullest extent permitted by law, mindsofcolour.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on our website or as to their correctness, suitability, accuracy, reliability, or otherwise.
YOUR PRIVACY
At mindsofcolour.com.au, we are committed to protecting your privacy. We use the information we collect about you to provide and administer our services.
In the course of providing our services, we may collect personal information, including sensitive information such as health information. We handle all personal and sensitive information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), including the requirements relating to the collection, use and disclosure of sensitive information.
Please refer to our separate Privacy Policy for detailed information about how we collect, use, store and disclose your personal and sensitive information. Where sensitive information is collected, you will be provided with a collection notice or sensitive information statement at or before the time of collection.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
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 the information that you provide to improve our website and services but not for any other use.
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.
EXCLUSION OF COMPETITORS
We may restrict access where use is for commercial exploitation of our materials. 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.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and mindsofcolour.com.au concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
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 and conditions 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.
JURISDICTION
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and mindsofcolour.com.au that results in litigation then you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
For any questions or to contact us you can email us at: hello@mindsofcolour.com.au