Listing Terms and Conditions

By visiting our website at www.psychdirect.com.au and using the Listing Services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website. These form an “Agreement” between you, the business or supplier wishing to make a listing, and/or advertise on our website (“the Business”/ “you”/ “your”) and us, Psychology Direct Pty Ltd [ABN 61671599929] (“we”/ “us”/ “our”). If you don’t agree to these terms and conditions, you cannot subscribe or request a listing.

  1. THE LISTING SERVICES WE WILL PROVIDE
    1. We will provide the Listing Services with due care, skill, and diligence and in accordance with all relevant legislation, regulations, and requirements of authorities at the time. We will seek the consent of your Representative in relation to the Listing Services.
  • HOW IT WORKS
    • To use our Listing Services, you must register as a subscriber by filling out our subscription form which includes your personal details, practitioner registration details, and information for your listing such as bio, client population and fees. We will then verify your professional registration status.
    • You must sign up, provide payment information, include your bio, and subscription type. We will then verify your profile before it goes live. Your listing will only go live on the Website after we approve the listing. We exercise full editorial control over all listings and will publish or reject any listing at our sole discretion.
  • YOUR OBLIGATIONS
    • You must provide all Information required by us in order for us to provide the Listing Services. You represent and warrant that:
      • all Information you have provided to us is true and correct and up to date, including but not limited to your registration details;
      • you will uphold your professional and ethical obligations within the field that you practice;
      • you will update your profile and information as soon as possible after it changes;
      • the Information is not misleading or deceptive;
      • the Information does not breach any third-party Intellectual Property Rights;
      • you will respond promptly to any of our requests for further information and provide any approvals within a reasonable time; and
      • the Representative has full authority to make all decisions related to the Listing Services.
    • You must inform us of any updates to your Information; and respond promptly to any of our requests for further information. You must comply with all relevant legislation and regulations in relation to the sale of your products and services, including, but not limited to, compliance with the Australian Consumer Law.
  • FACILITATOR ONLY
    • We are not involved in the interaction between you and your customers and clients, but only facilitate the introduction. If you have a dispute with a customer or client, you must resolve it with the customer or client and you release us from all Claims arising out of or in any way connected with such disputes. We have no obligation to monitor the content on our Listing Service, and we are not liable for any unauthorised or unlawful content. You acknowledge and agree that you’re Listing, and any advertising may be listed next to your competitors; we cannot guarantee that you’re Listing or advertising will be independent of other competitors.
  • RIGHTS IN YOUR CONTENT
    • When you provide us with your Information and any other content, including but not limited to any photos for your Listing and/or advertising on our website, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to all Copyright in that content, including, but not limited to, the right to display, reproduce and make derivative works, and the right to broadcast on any third-party platforms. Further, you waive all Moral Rights you have in your content.
  • YOUR OBLIGATIONS AND CONTENT RULES
    • You must conduct yourself appropriately when using our Listing Service, including being respectful and courteous to all customers and clients, and when interacting on our website. You must also ensure you maintain the confidentiality of your login and password for your account. The storage and use of psychologists and therapists’ information will be subject to your privacy policy.
    •  If you provide or post any of the following content we may, at our sole discretion remove your Listing and/or adverts or terminate this Agreement.
      • any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks, or harasses another user;
      • any illegal content including, but not limited to, anything defamatory, and any post that breaches third party Intellectual Property Rights;
      • any immoral content including but not limited to, anything pornographic or obscene;
      • any false or misleading content;
      • any content that is a breach of the Australian Consumer Law;
      • any content for a promotion or competition;
      • any copying, modifying or distributing of any other business’s content without their consent;
      • any testimonials endorsements;
      • any cross-promotion of other practitioners, or businesses (except that clinics may have a profile);
      • any medical, health or psychological advice or education materials; or
      • Any political advertisements.
    • If you consider that someone is breaching the content posting rules, please notify us at info@psychdirect.com promptly so that we can address the issue immediately. Where you breach these content rules, we may delete your Listing and/or advert and terminate this Agreement immediately.
  • FEES
    • We offer a monthly or annual subscription (for a discounted rate) for our Listing Services. All Subscription Fees include GST. We may offer free trials from time to time. We may also offer to promote your business on our homepage from time to time for additional fees.
    • When the Subscription Fee comes due, it is automatically deducted from your nominated payment method unless you or we cancel your Subscription in accordance with the cancellation or termination terms below. You authorise us to:
      • deduct the Subscription Fee and all other accrued and owing fees from your debit or credit card; and
      • deduct any applicable currency conversion fees or financial service provider fees where relevant.
    • You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you. We will attempt payment 48 hours after, and if the payment is declined, we may terminate this Agreement, and remove your listing.
    • If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.

  • NO GUARANTEES
    • We do not guarantee the accuracy of the content on our Listing Services. We do not guarantee that you will receive an increase in clients, any referrals, bookings, reviews, social media exposure or revenue. We do not guarantee that you will be verified. We also do not guarantee that you will be placed in any particular position in the search results. Except as required by law, we do not warrant the quality of the Listing service or warrant that it will meet your expectations.
  • CANCELLATIONS AND REFUNDS
    • To the extent permitted by law, all Subscription Fees are not refundable.
    • If you need to cancel your Subscription, please do it by accessing your profile portal on the website, so you will not be billed automatically for the following month. All our subscriptions are for the Subscription Period. We do not provide any refunds for Subscription Fees until any Minimum Term has expired. All Subscription Fees remain payable even where we reject your Listings. There are no refunds for part months.
  1. AUSTRALIAN CONSUMER LAW
    1. Our Listing services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund of the unused portion, or to compensation for its reduced value.
    1. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
  1. MARKETING
    1. You permit us to use any photos, testimonials, and videos you post or provide to us for our marketing and information purposes, or publications, exhibitions, and professional awards. You must seek our prior written consent before any publication about us. 
  1. TERMINATION AND CANCELLATION
    1. We may refuse to provide our Listing Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate this Agreement and remove your Listing and any advertising. We may also terminate this Agreement and remove your Listing where a written notice is given forty-eight (48) hours in advance. We can also stop offering our Listing Services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Listing Services.

  2. LIABILITY AND INDEMNITY
    1. Your use of, or inability to use our Listing Service is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your Listing and/or advertising including, but not limited to, any errors or omissions in any content, any price changes or discontinued Listing Services, any removal of your Listing and/or advertising and any interruptions, any changes to our website, and any persons that contact you through our website.
    1. To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: –
      1. the supply of equivalent Listing Services E.g.: another opportunity to list your business; or
      1. the refund of the Subscription Fees.
    1. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Subscription Fee.
    1. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your Information, your breach of this Agreement, where you provide incorrect information, any lack of results from your Listing, any disclosure of your information, any further meetings or communications with any client or customer, any bad reviews, any breach of your Intellectual Property Rights and any direct or indirect consequences of you accessing or using the website.
  1. FORCE MAJEURE
    1. Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.  

  2. IF THERE IS A DISPUTE
    1. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
  1. OTHER
    1. This Agreement is to be construed in accordance with the laws of VIC Australia, and you and we submit to the jurisdiction of the courts of VIC Australia. This is the entire Agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our website, these Terms and Conditions prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

“Agreement” means these Terms and Conditions and all other terms and conditions, and           policies published or linked to on our website in future.

“Australian Consumer Law” means the Competition and Consumer Act 2001 Schedule 2.

“Claim” means any claim, under statute, tort, contract or negligence, any demand, award, or      costs.

“Copyright” means the copyright as defined under the Copyright Act 1968 (Cth). 

“Force Majeure Event” means any event beyond our control which prevents us from                  complying with our obligations under this Agreement, including but not limited to, a                pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes,             disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather           events, travel limitations, venue closures.

“GST” means goods and services tax as applicable pursuant to Australian laws.
            “Information” means all your registration information, and any logo, images, links, social            media platforms and brochures/pamphlets.

“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade       secrets and confidential information whether registered or unregistered.

“Listing” means the entry listed on our website for your business.

“Listing Services” means the listing service on our website that we agree to provide to you,        and any additional services including any advertising.

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential        loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill,   loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to                  systems, personal injury, death, negligence, trespass, property damage and legal costs. 

“Minimum Term” means the period of one month for month-to-month subscription or 12          months for the annual subscription.

“Moral Rights” means all moral rights as defined under the Copyright Act 1968 (Cth). 

“Subscription Fee” means the fee for your subscription payable each month or annually as         advertised on our website.

“Subscription Period” means monthly, or 12 months.

“Your Representatives” means the person you notify us has authority to make decisions in         relation to the Listing Services.

“We, us, or our” means Psychology Direct Pty Ltd [ ABN 61671599929] and includes any of         our directors, officers, employees, agents, partners, and contractors.

“Website and Listing Services” means www.psychdirect.com.au, and everything available          on this website including, but not limited to, the Listing Services.