Website Terms and Conditions of Use
1. About the Website
1.1 Welcome to www.veryhelpfulchats.com.au (the 'Website'). The Website provides an opportunity to browse the site, free resources (‘Free Resources’) and the psychology services offered by Very Helpful Chats as well as make bookings for the psychology services (the 'Services').
1.2 The Website is operated by Very Helpful Chats Pty Ltd (ABN: 98 659 878 154). Access to and use of the Website, or any of its associated Services, is provided by Very Helpful Chats. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Very Helpful Chats reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Very Helpful Chats updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Very Helpful Chats in the user interface.
3. Copyright and Intellectual Property
3.1 The Website, the Services and all of the related products of Very Helpful Chats are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Very Helpful Chats or its contributors.
3.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Very Helpful Chats, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
3.3 Very Helpful Chats does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Very Helpful Chats.
3.4 Very Helpful Chats retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
3.5 You may not, without the prior written permission of Very Helpful Chats and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. User Generated Content
5.1 If you choose to contribute any content to the Website or any other platform operated by Very Helpful Chats, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
5.2 By contributing content to the Website, you grant Very Helpful Chats a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Very Helpful Chats.
5.3 Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Very Helpful Chats can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
5.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Very Helpful Chats social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Very Helpful Chats. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
5.5 Please ensure you keep your own copies of Your Content as Very Helpful Chats may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
5.6 Very Helpful Chats will endeavour to provide you with an appropriate credit when using Your Content on Very Helpful Chats platforms, though you understand and agree this may not always be possible.
5.7 Very Helpful Chats reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
6. Website Contact Form, Mailing List and SMS List.
6.1 You will be given the option to complete the Very Helpful Chats Website Contact Form ('Website Contact Form'), or to register for the Very Helpful Chats Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’)
6.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name and address
(c) Mobile telephone number
6.3 If you choose to complete the Website Contact Form or register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Very Helpful Chats.
7. General Disclaimer
7.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(a) Very Helpful Chats will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Very Helpful Chats make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Very Helpful Chats) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Very Helpful Chats; and
(d) the Services or operation in respect to links which are provided for your convenience.
8.1 The Services do come with guarantees that cannot be excluded under the Australian Consumer Law.
8.2 For major failures with the Services, you are entitled to cancel this Agreement with Very Helpful Chats, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
9.1 You agree that when you access the Free Resources you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Very Helpful Chats’ relationship with you, its educational materials and interactions with you. As such, you agree that Very Helpful Chats is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Free Resources it provides.
9.2 You understand that the Free Resources are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Free Resources are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
10. Information Disclaimer
10.1 Any free downloads, information, documentation, tools, social media links or other content provided on the Website, in the Free Resources or through the Services does not constitute professional psychological or medical advice and are provided for general information and illustrative purposes only. Very Helpful Chats recommends you seek independent psychological or medical advice prior to relying on any information or documentation provided on the Website. Very Helpful Chats will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website or within the Services.
10.2 All care is taken in the preparation of the information and published materials on the Website and within the Free Resources, social media accounts, blog, or on any other related platform. Very Helpful Chats does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
10.3 To the extent permissible by law, Very Helpful Chats will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website and within the Free Resources, social media accounts, blog, or on any other related platform.
11. Limitations of Liability
11.1 Very Helpful Chats' total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2 You expressly understand and agree that Very Helpful Chats, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.1 You agree to indemnify Very Helpful Chats, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your interaction with the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Venue and Jurisdiction
13.1 The Services offered by Very Helpful Chats is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
14. Governing Law
14.1 The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
15.1 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force