Terms of Service
The Company provides the “MeHelp” online platform for connecting Clients with Pratcitioners. Use of MeHelp is subject to these Terms of Service.
DEFINITIONS
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
(a) ABN means Australian Business Number.
(b) Booking means the schedule time for a Session.
(c) BusinessDay means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
(d) Company means MeHelp Pty Ltd ABN 26 639 058 325
(e) Confidential Information means any written or verbal information that:
i Any information deemed as confidential under these Terms of Service;
ii A party informs the other party that it considers it confidential and/or proprietary;
iii A party would reasonably consider to be confidential in the circumstances; and
iv Is personal information within the meaning of the Privacy Act.
but does not include information that a party can establish:
v Was in the public domain at the time it was given to that party;
vi Became part of the public domain, without that party’s involvement in any way, after being given to the party;
vii Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
viii Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
(f) Corporations Act means the Corporations Act 2001 (Cth).
(g) Client means an individual that uses the Platform.
(h) GST has the meaning given by the A New Tax System(Goods and Activities Tax) Act 1999 (Cth).
(i) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
(j) Platform means the “MeHelp” digtial platform (including third party services) which facilitates the Booking of clinical Session by Clients with Practitioners/Professionals.
(k) Practitioner means a psychologist that can be booked through the Platform.
(l) Practitioner Services means the psychology and counselling services offered by a Practitioner.
(m) Privacy Act means the Privacy Act 1988 (Cth).
(n) Privacy Policy means the Company’s privacy policy as updated from time-to-time, published on the Site.
(o) Profile means a Practitioner’s profile page within the Platform, as updated from time-to-time.
(p) Promotion means any promotion made available to the Client from time-to-time.
(q) Review means a review of a Practitioner and/or Practitioner Services by a Client who has completed a Session with the Practitioner.
(r) Site means https://www.mehelp.com.au/ and any other URL where the Company makes the Platform available from time-to-time.
(s) Session means the therapy and counselling session provided by a Practitioner to a Client.
(t) Session Fee means the fee payable by the Client for a Session.
(u) Tax Invoice has the meaning given by the A New Tax System (Goods and Activities Tax) Act 1999 (Cth).
(v) Terms of Service means the terms and conditions of using the Platform, as updated from time-to-time.
1 USING THE PLATFORM
(a) The Client agrees that all use of the Platform is subject to these Terms of Service.
(b) The Client must immediately cease to use the Platform if the Client can no longer agree or adhere to these Terms of Service.
(c) The Client agrees to use the Platform in accordance with any instructions provided by the Company, within the Platform and/or on the Site.
(d) The Company may suspend the Account or restrict the access of any Client that breaches the terms of these Terms of Service.
1.2 Relationship
(a) The Company’s role is limited to providing the Platform to facilitate the delivery of Practitioner Services, and the parties are directly responsible to each other with respect to Bookings.
(b) The Client acknowledges and agrees that:
i The contract for the performance of Practitioner Services is directly between the Client and the Practitioner;
ii The Practitioner is not employed by the Company and the Practitioner does not provide any services on behalf of the Company;
iii The Company is not responsible for, and not liable to the Client with respect to, Treatment provided in a Session;
iv The Company is appointed as the Practitioner’s agent for the purposes of maintaining health records, billing the Client, receiving payments and processing Medicare and HICAPS claims on behalf of the Practitioner;
v The Company is not responsible for, and not liable to the Client with respect to, the accuracy of the Practitioner’s information in their Profile(notwithstanding that the Company uses reasonable endeavours to vet each Practitioner); and
vi The Company makes no representation or guarantee that the Client will be satisfied with Practitioner Services received from a Session.
1.3 Disclaimer
The Company itself does not provide personalised mental health or wellbeing services, and the Company does not provide any of the Practitioner Services to the Client.
1.4 Client Information
(a) The Client must provide accurate and complete information when making Bookings, if necessary, update their Account to ensure that such information is maintained as current for the duration of these Terms of Service.
(b) The Client authorises the Company to store information about the Client provided by the Client and Practitioners.
1.5 Features
The Company shall provide the Client with access to, and use of, the features as agreed between the parties and provided within the Platform from time-to-time.
1.6 Making Bookings, Rescheduling and Cancellations
(a) The Client may make a Booking via the Platform, subject to the Practitioner’s availability.
(b) Once a Booking is confirmed, the Client will receive a written confirmation with relevant details and instructions to attend the Session, including (without limitation) the date and time of the Session.
(c) The Client is exclusively responsible for attending the Session in accordance with the instructions sent in the confirmation.
(d) It is the responsibility of the Client to reschedule or cancel a Booking via the Platform if they are not able to attend a Booking.
(e) Bookings are managed directly between the Client and the relevant Practitioner.
(f) Where a Client cancels or reschedules a Session with less than 24 hours’ notice, or does not present for a Session (more than 15minutes lates), the Session Fee is chargeable.
1.7 Reviews
(a) The Client must act in good faith and be honest, fair, and accurate when submitting a Review.
(b) The Company will moderate Reviews and shall have the discretion to delete the Review and/or ban the Client from submitting further Reviews where the Review is deemed untrue, unfair, inaccurate, offensive, or otherwise inappropriate.
1.8 Complaints
(a) The Client may notify the Company of any complaints in writing to info@mehelp.com.au.
(b) The Company agrees to investigate, review, and respond to any lodged complaints as soon as practicable.
1.9 Support
(a) The Company provides Client support for the Platform via the email address info@mehelp.com.au.
(b) The Company shall endeavour to respond to allsupport requests within 3 Business Days.
2 FEES
2.1 Session Fee
(a) The Client will be advised of the Session Fees prior to making a Booking (or at the time of making the Booking).
(b) If the Client does not agree to pay the Session Fees, it must not make a Booking (or should cancel the Booking as soon as possible).
(c) The Client must pay the Session Fee in full via the Platform.
(d) Where applicable, Promotions may affect the Fees payable by the Client.
(e) The Company may require the Client to pay a surcharge for credit card payments.
2.2 Variations
(a) The Company reserves the right to introduce or change any fees from time-to-time by giving the Client written notice.
(b) If the Client does not accept a change to any fees, then they can simply stop using the Platform.
2.3 Currency
All fees are payable in Australian dollars.
2.4 GST
GST is generally not-applicable to any Session Fees. Unless expressed otherwise, all fees shall be deemed inclusive of GST. The Client will be provided with a Tax Invoice for any payments that include GST.
2.5 Refunds
No refunds are provided except where required under law, at the Company’s absolute discretion or otherwise in accordance with these Terms of Service.
3 General conditions
3.1 Licence
(a) By accepting the terms and conditions of these Terms of Service, the Client is granted a limited, non-exclusive and revocable licence to access and use the Platform for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.
(b) The Company may revoke or suspend the Client’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the Client.
3.2 Modification of Terms
(a) The terms of these Terms of Service may be updated by the Company from time-to-time.
(b) Where the Company modifies the terms, it will provide the Client with written notice, and the Client will be required to accept the modified terms to continue using the Platform.
3.3 Third Party Dependencies
The Client agrees and acknowledges that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and third party software, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
3.4 Use & Availability
(a) The Client agrees that they shall only use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
(b) The Client is solely responsible for the security of their username and password for access to the Platform. The Client shall notify the Company as soon as it becomes aware of any unauthorised access of their Account.
(c) The Client agrees that the Company shall provide access to the Platform to the best of its abilities, however:
i Access to the Platform may be prevented by issues outside of its control; and
ii It accepts no responsibility for ongoing access to the Platform.
(a) The Client agrees to the terms of the Privacy Policy, as updated from time-to-time.
(b) The Company maintains the Privacy Policy incompliance with the provisions of the Privacy Act for data that it collects about Clients.
(c) The Company may use cookies (a small electronic tracking code) to improve a Client’s experience while browsing, while also sending browsing information back to the Company. The Client may manage how it handles cookies in their own browser settings.
3.6 Intellectual Property
(a) Trade marks. The Company has moral and registered rights in its trade marks and the Client shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Client agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Client warrants that it shall not infringe on any third-party rights through the use of the Platform.
(c) Content. All content submitted to the Company, whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Client or any other party with respect to the Platform.
3.7 Confidentiality
(a) The Company agrees to keep all Client Content in the strictest confidence, and to the extent Client Content is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
(b) Each party acknowledges and agrees that:
i the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
ii it owes an obligation of confidence to the Discloser concerning the Confidential Information;
iii it must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
iv all Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in anyway transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
v any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
(c) A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
i any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
ii any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
iii any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
(d) The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
i any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
ii any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
3.8 Liability & Indemnity
(a) The Client agrees that it uses the Platform at their own risk.
(b) The Company makes no representation or guarantee that the Client will be satisfied with Practitioner Services received in a Session,
(c) The Client agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Client’s use of or conduct in connection with the Platform, including any breach by the Client of these Terms of Service.
(d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Client’s access to, or use of, or inability to use the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
(e) Certain rights and remedies may be available under the Competition and Consumer Act2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
i The re-supply of services or payment of the cost of re-supply of services; or
ii The replacement or repair of goods or payment of the cost of replacement or repair.
(f) In all circumstances the liability of the Company to the Client is capped at $100.
3.9 Termination
(a) Either party may terminate these Terms of Service by giving the other party written notice.
(b) Termination is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.
3.10 Dispute Resolution
(a) If any dispute arises between the parties in connection with these Terms of Service (Dispute),then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
i Includes or is accompanied by full and detailed particulars of the Dispute; and
ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
(c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
3.11 Electronic Communication & Notices
(a) The parties agree to be bound by these Terms of Service where the terms of these Terms of Service are accepted by the Client electronically.
(b) The Client can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the Client of a change of details from time-to-time.
(c) The Company will send the Client notices and other correspondence to the details that the Client submits to the Company, or that the Client notifies the Company of from time-to-time. It is the Client’s responsibility to update its contact details as they change.
(d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
(e) Notices must be sent to the parties’ most recent known contact details.
(a) Assignment.
i The Client may not assign or otherwise create an interest in these Terms of Service.
ii The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the Client.
(b) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
(c) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
(d) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(e) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
(f) Governing Law. These Terms of Service are governed by the laws of Victoria, Australia. Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction there.
(g) Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
END TERMS OF SERVICE