• The following are the Terms and Conditions (the “Agreement”) for the access and use of any person (“User”, “Client” or “you”) in an online platform through which counseling, consulting, professional advice and any other information are provided (collectively the “Platform”). The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website dbtonline.com.au
• Without derogating from the above, the Platform may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content which is publicly available and not transmitted to you personally.
• By accessing or using the Platform, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must refrain from signing up to the Platform, you must stop making any use of the Platform and you should not access the Platform.
• When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.

• The Platform enables you to communicate with a Therapist for the purpose of receiving Therapy, information, advice or any other input, benefit or service (collectively “Therapy Services”).
• We make no representation or warranty whatsoever as to whether you will find the Therapy Services relevant, useful, correct, relevant, satisfactory or suitable to your needs.

• This Platform facilitates the communication between you and the therapist for the purpose of providing Therapy Services. It is up to you to consider and decide whether these services are appropriate for you or not.
• You agree, confirm and acknowledge that you are aware of the fact that the Therapy Services are not a complete substitute for a face-to-face examination and/or session by our qualified therapists. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Therapy Services. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment one of our therapists.  Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice you received through the Platform.
• You are advised to exercise a high level of care and caution in the use of the Platform and the Therapy Services.
• IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER [000] IN AUSTRALIA OR THE NUMBERS LISTED IN OUR CONTACTS PAGE AND NOTIFY THE RELEVANT AUTHORITIES/BODIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
• The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
• BY AGREEING TO THIS AGREEMENT YOU ARE ALSO AGREEING TO THE TERMS OF THE PLATFORM PRIVACY POLICY AVAILABLE AT https://www.dbtonline.com.au/privacy (THE “PRIVACY POLICY”). THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

• YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
• ANY CONSULTATION WITH A PROVIDER VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PROVIDERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY.
• WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE PROVIDERS OR THE PROVIDER SERVICES.
• In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above.

• YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
• YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 1 MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
• WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PROVIDER, WHETHER RELATING TO THE PROVIDER SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PROVIDER SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
• If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
• This section (limitation of liability) shall survive the termination or expiration of this Agreement.

• You hereby confirm that you are at least 18 years old of age.
• You hereby confirm that you are legally able to enter into a contract.
• You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
• You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”).
• You agree and confirm that your use of the Platform, including the Therapy Services, are for your own personal use only and that you are not using neither the Platform nor the Therapy Services for or behalf of any other person or organization.
• You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
• You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
• You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Therapist and us.
• If you receive any file from us or from a Therapist, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
• You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

• You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
• You confirm and agree to use only payment means (credit cards or others) which you are dully and fully authorized to use.
• You agree that all current and future interactions (whether online or offline) between you and a Therapist will be made, managed and billed through the Platform.
• If, for any reason, an interaction between you and the Therapist is not made through the Platform, you agree that it will be billed through the platform and that the standard Platform Use Fees will be charged and delivered to us even if the Platform hasn’t been used for this interaction.
• You agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from a therapist not through the Platform or in any case that you are billed by a Therapist not through the Platform.
• You are required to Pay for your Online Therapy Session in advance.
• You agree to pay all fees and charges associated with your Account in a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorise us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information.

• The Melbourne DBT Centre and DBT Online provide psychological services over the internet. 
• Once an online therapy session has commenced, services are deemed as received by you. 
• If the session is interrupted or drops out due to your technical difficulties, such as you running out of credit on your device, as well as similar events under your control and responsibility, you will not be provided a refund or part-refund for periods where there has been a loss of online connectivity.
•  If the session is interrupted or drops out due to our technical difficulties, such as our internet services performing inadequately, you will be provided a refund or part-refund based on a pro rata calculation for the period of time there has been a loss of online connectivity.
• If you have paid for an online therapy session and have been unable to conduct a session due to your technical difficulties, as your computer not working properly or having a virus, or similar events under your control and responsibility, the therapist’s time that has been allocated to you will not be able to be released for another patient, and you will not be eligible for a refund.

• If you have paid for an online therapy session and have been unable to conduct a session due to our technical difficulties, or technical difficulties beyond your control and reasonable responsibility, such as environmental event with recorded power outages in your area, or our websites being down, you will be refunded 100% value of the charge for your online therapy session.
• If you have paid in advanced for an online therapy session and you cancel your online therapy session with more than 24 hours notice in advance by phone or email, with the time of this communication being received by us determining the period of notice you have provided, you will be refunded 100% value of the charge for your online therapy session.
• If you have prepaid for your online therapy session and you do not present for your online therapy session or you cancel this session with less than 24hours notice to us, under no circumstances will we provide a refund.
• You may provide us notice to cancel an online therapy session appointment by contacting our phone number – 61 03 9530 9777 or by emailing us email address info@dbtonline.com.au.  The time stamping of this notice for cancelling your online appointment will determine the period of notice you have provided.  We recommend that if you wish to cancel an appointment, you do so by email, so this is in writing to us.
• If you paid with a credit card, you will be refund to the same credit card.
• If the credit card you paid with is closed or invalid, the payment will still be refunded to your credit card account. It can take up to 30 days for a refund to appear on your card statement.
• All charges against your credit card for online therapy sessions will appear under the name of the Melbourne DBT Centre Pty Ltd.

8. Modifications, Termination, Interruption and Disruptions to the Platform

• You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
• For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Counselor Services) at our sole discretion for any reason and for any period of time.
• The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.

• We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given.

• This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Victoria, Australia excluding any rules governing choice of laws.
• You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Victorian Courts. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
• THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
• We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
• We may freely transfer or assign this Agreement or any of its obligations hereunder.
• The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
• If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
• To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.