1. User Agreement

1.1. These terms and conditions (Terms) apply to any person (User or you) using our online booking and service technology platform via our website and/or application (together, the Platform). If you are booking an appointment on the Platform and are under the age of 16, any reference to "User" or "you" includes your guardian's consent where required.

1.2. The Platform is owned and operated by PaxAnimi Platform Pty Ltd (ACN 104 410 233) as trustee for PaxAnimi Platform Unit Trust trading as Pax Psychology and its related bodies corporate, affiliates, and subsidiaries (Pax Psychology, "we", "us", "our").

1.3. By accessing, using, or interacting with the Platform or any services provided by Pax Psychology, you agree to these Terms and the Privacy Policy located at https://paxpsychology.com.au/privacy-policy/ (Privacy Policy).

1.4. If there is any inconsistency between these Terms and any other communication from Pax Psychology, these Terms will prevail (unless we say otherwise).

1.5. If you don't agree to any of these Terms, you are unable to use the Platform.

1.6. Pax Psychology reserves the right to modify these Terms at any time and will publish the revised terms and conditions on the Platform. By continuing to use the Platform, you will be deemed to have accepted any revised terms.

2. Your Account

2.1. You may be required to create usernames, passwords or other identification or authentication information to create a Pax Psychology Account (Access Information).

2.2. By creating a Pax Psychology Account, booking an appointment with a Psychologist, or registering as a Psychologist on our Platform, you:

(a) confirm that all information you have given us in connection with your registration is complete, true, and correct at the time it is given;

(b) confirm that you have read and understood all the information in these Terms and that you agree to act in accordance with them;

(c) accept that it is your responsibility to ensure that the personal information you provide to us is kept current. Any changes to your name, address, email address, phone number or other details should be sent to us as soon as practicable;

(d) warrant:

(i) that you will comply with all Applicable Laws;

(ii) if you are registering as a Psychologist, you are over the age of 18 and hold all valid authorisations, licenses, Accreditations, insurances and registrations required in Australia to lawfully practice psychology; and

(iii) if you are booking an appointment with a Psychologist, you are over the age of 16.

2.3. You are solely responsible for the activity that occurs on your Pax Psychology Account and you must keep your Access Information secure and protect it from unauthorised access or use. If you suspect or become aware of any unauthorised use of your Pax Psychology Account, or that your Access Information is no longer secure, you must notify us immediately.

2.4. We store and use your Access Information and any Personal Information (if applicable) in accordance with our Privacy Policy.

3. Scope of Services

3.1. The Platform, powered by Pax Psychology's proprietary booking and service technology, facilitates Users in scheduling appointments with accredited psychologists registered with Pax Psychology (Psychologists).

3.2. Services provided by Psychologists are available for in-person appointments or via online video sessions, subject to the User's selection when booking.

3.3. By using the Platform, you expressly acknowledge and agree that:

(a) Pax Psychology acts solely as an intermediary, facilitating access to the Psychologists listed on the Platform, and does not provide or guarantee the psychology or counselling services itself;

(b) The functionality and accessibility of the Platform, though designed to maintain a high level of reliability, may experience occasional disruptions or errors;

(c) The Platform's features are built for consumer convenience but may require your own action to ensure compliance with technical requirements, including compatible device use;

(d) Pax Psychology does not guarantee any specific psychological or counselling outcomes as part of using the Platform or associated services.

3.4. The Platform is not suitable for emergency medical treatment. If you are in a medical emergency or are considering harming yourself or others, please immediately contact emergency services by calling "000." You can also contact Lifeline 24 hours a day on 13 11 14 or visit Lifeline on www.lifeline.org.au.

3.5. The information that we disclose about the Psychologists on the Platform is based on the information provided to us by the Psychologists. Although we will use reasonable skill and care in providing information about the Psychologists on the Platform, we cannot guarantee that all information about the Psychologists on the Platform is accurate, complete or correct. You agree that we are not responsible for:

(a) any errors (including manifest and typographical errors);

(b) any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise); and/or

(c) inaccurate, misleading or untrue information or non-delivery of information.

3.6. Each Psychologist is responsible for the accuracy, completeness and correctness of their information (including the fees and availability) displayed on the Platform. Any information about the Psychologists on the Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or rating of any Psychologist.

4. Privacy Policy

4.1. Pax Psychology is committed to protecting the privacy of its Users. Our Privacy Policy is incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your Personal Information. We will manage your personal information in accordance with our Privacy Policy. You can find a copy of our Privacy Policy on the Platform at https://paxpsychology.com.au/privacy-policy/.

4.2. By using the Platform, you consent to Pax Psychology collecting, storing, using, and disclosing personal and transactional data as required to provide services, work with Payment Providers, and comply with applicable laws.

4.3. To the maximum extent permitted by the Applicable Laws, we exclude all liability relating to the collection, use, disclosure or storage of your personal data by us or any third party with whom we are required to share your personal data.

5. Medical Disclaimer

5.1. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing on the Platform or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.

5.2. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Platform and engage with a Psychologist.

5.3. You agree that neither we, nor any of our Affiliates, service providers and/or suppliers, warrant or make any representation about the Platform, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, services or offers. Your use of the Platform is at your sole risk.

5.4. The Platform does not provide medical services or advice, is not designed for medical purposes and is intended only for connecting Users with Psychologists. The Platform does not claim to diagnose, treat or cure any disease nor investigate, replace, modify the anatomy or physiological or pathological process or state of the human body. The Platform should never replace professional medical advice or diagnosis.

5.5. By downloading the Application and/or using the Platform, you acknowledge that:

(a) you understand that the Platform does not provide medical advice;

(b) you will not rely on the information in the Platform;

(c) you release Pax Psychology from any liability or damages in relation to any advice received from a Psychologist;

(d) the relationship between you and a Psychologist is separate to your relationship with Pax Psychology, and will form a separate legal agreement;

(e) you have read and understood this Disclaimer; and

(f) you agree to be legally bound by this Disclaimer.

5.6. If you do not agree to be legally bound by this Disclaimer, we ask that you do not download the Application, create a Pax Psychology Account, access or use the Platform.

6. Fees

6.1. Payments for sessions with Psychologists facilitated through the Platform are processed via third-party payment platforms, namely Stripe and Medipass (the Payment Providers). You agree to comply with the Payment Providers' terms and conditions.

6.2. Card details will be securely collected at the time of booking. However, payment will only be processed after the completion of the session.

6.3. Pax Psychology will issue a tax invoice for all payments electronically to the email address you provide when registering your Pax Psychology Account.

6.4. Users are responsible for ensuring valid payment information and the availability of sufficient funds for payment at the time of processing.

6.5. Payment disputes or failures related to third-party Payment Providers must be addressed with them directly. Pax Psychology disclaims liability for any loss or delays caused by issues arising from these providers.

6.6. We do not make any representation or warranty that you will be eligible for any Medicare or private health insurance rebate in relation to the Fees.

7. Cancellation Policy

7.1. Users may cancel an appointment via the Platform. If cancellation occurs at least 24 hours before the scheduled session, the Fees will be refunded in full, exclusive of any non-refundable processing fees from Payment Providers.

7.2. For cancellations made less than 24 hours before the appointment or in the event of a no-show, the full Fee for the session remains payable and is non-refundable.

8. Use of and Access to the Platform

8.1. Pax Psychology warrants and represents that it is the owner or licensee of the Platform and that in accessing the Platform in accordance with these Terms, you will not infringe the Intellectual Property Rights of Pax Psychology or any third party.

8.2. By accepting these Terms and using the Platform, you acknowledge and accept that:

(a) the Application, Website, information, safety messages and warnings may include incorrect information, technical inaccuracies and typographical errors;

(b) the information displayed on the Platform will change from time to time without notice to you and it may not be accurate, complete or up to date at the time you use it; and

(c) it is your responsibility to protect your own property, devices, system and your data usage when using the Platform.

8.3. We are not able to guarantee that your access to the Platform will be uninterrupted or that the Platform is free from Viruses or any other malware which may damage any computer, device, computer software or data using the Platform.

8.4. You must not:

(a) use the Platform in any way that could damage the reputation of Pax Psychology, any User, or any Psychologists or the goodwill or other rights associated with the Platform; or

(b) reproduce, make corrections to or otherwise modify or adapt the Platform, or create any derivative works based upon them.

8.5. We may suspend, terminate or restrict a User's access to a Pax Psychology Account or access to the Platform as a result of a breach or suspected breach of these Terms. If this occurs, you may be prevented from accessing all or parts of the Platform or your Pax Psychology Account. Pax Psychology will not be liable to you or any third party for suspending, terminating or restricting a User's or a Psychologist's access to the Platform or a Pax Psychology Account as a result of a breach or suspected breach of these Terms.

9. Maintenance

9.1. You agree that Pax Psychology may conduct Platform maintenance from time to time.

9.2. Pax Psychology may update the Platform from time to time to enhance or improve the quality, functionality or operation of the Platform (Update). Pax Psychology may or may not require you to accept the Update. You acknowledge that if you fail to accept an Update, your ability to access the Platform may be adversely impacted.

9.3. You agree and acknowledge that:

(a) your access to or use of the Platform may be suspended or terminated due to Force Majeure;

(b) the Platform is hosted on and supported by servers, internet connections, networks, and other software and/or hardware that are not provided by nor in the control of Pax Psychology and for which Pax Psychology is not responsible under these Terms or otherwise;

(c) access to and use of the Platform may be affected by such external factors as speed of connection from your equipment to the servers supporting the Platform at any given time, which factors are beyond the control of Pax Psychology; and

(d) Pax Psychology will not be liable to you for any loss arising in connection with any lack of availability or use of, or access to, or failure, defect, interruption or limitation of the Platform whatsoever.

10. Links and Functionality Provided by Third Parties

10.1. The Platform may include:

(a) functionality that is provided by third party software providers; and

(b) links to other websites, content or resources.

10.2. These linked websites, content software or resources may be operated by third parties and Pax Psychology has no control over the operation of such websites, content, software or resources.

10.3. We do not endorse any third party operated links, websites, software or content and are not responsible for their material or functionality.

10.4. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site, content or software that you visit or utilise.

11. Intellectual Property

11.1. All elements of the Platform—including but not limited to the proprietary software, content, trademarks, and documentation—are the exclusive property of Pax Psychology (Pax Psychology Intellectual Property).

11.2. Users are prohibited from copying, modifying, distributing, reverse engineering, or creating derivative works of the Platform without prior written consent.

11.3. Use of the Platform is restricted to personal and non-commercial purposes associated with accessing psychology services facilitated by Pax Psychology.

11.4. Any unauthorised exploitation of Platform features or content may result in legal action and termination of access to the Platform.

12. Confidential Information

12.1. You accept that you are responsible for maintaining the confidentiality of any information that you download. It is also your responsibility to delete or keep safe messages, emails and any transcripts of online conversations that you download or print out.

12.2. You explicitly agree not to forward or copy email messages or other electronic communications from Users to other persons ("User advice"), except in circumstances where this has been consented to in writing by the User. You may not copy or use User advice out of context or pass on the User advice to any third party.

13. Data Security

13.1. Your data is collected, used and stored in accordance with our Privacy Policy and the Australian Privacy Principles.

14. Indemnity

14.1. You will at all times indemnify, and agree to keep indemnified, Pax Psychology and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Pax Psychology arising from any claim, demand, suit, action or proceeding by any person against you or against Pax Psychology where such loss or liability arose out of, in connection with or in respect of your use of the Platform, your Session with a Psychologist or breach of these Terms, including any costs of enforcement.

15. Limitation of Liability

15.1. Pax Psychology disclaims liability for any incidental, indirect, or consequential damages resulting from use of the Platform, including disruptions, data breaches, or other operational issues, to the fullest extent permitted by law.

15.2. Pax Psychology's liability is strictly limited to the total Fees paid by the User for services rendered directly to the User under these Terms.

15.3. All information provided by us on the Platform is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time, but you acknowledge that the information on the Platform may not be the most current. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated), we make no guarantees of any specific result from use of this Platform, or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Platform.

16. Transfer and Assignment

16.1. In the event that Pax Psychology merges, sells or otherwise undergoes a change in the control of its business or the Platform to a third-party, it reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights that it has collected from you and any agreements between you and Pax Psychology.

17. Waiver

17.1. If Pax Psychology does not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by Pax Psychology.

18. Law and Dispute Resolution

18.1. These Terms and any agreement between Pax Psychology and a User will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia. For the avoidance of any doubt, the User acknowledges that if they reside outside of Australia and access the platform, the User will be governed by the laws of Victoria, Australia.

18.2. Pax Psychology and the User agree to seek resolution through good faith negotiation. If disputes remain unresolved within 30 days, the parties agree to attempt mediation. Disputes unresolved through mediation may then proceed to formal court proceedings.

19. Entire Agreement

19.1. These Terms form the entire agreement between us and you in relation to the Platform and your use of it.

20. Severability

20.1. If any provision of these Terms is deemed invalid, unlawful, or unenforceable, the invalid provision will not affect the validity of the remaining provisions, and the remaining provisions will remain fully binding and enforceable.

21. Definitions

Accreditation means current registration and accreditation by the Australian Health Practitioner Regulation Agency (as amended or superseded from time to time) and any other qualifications, registrations or accreditations to enable the Psychologist to legally practice as an unsupervised psychologist in Australia during the Term (which excludes Provisional Psychologists).

Affiliate means in relation to a Party: a person that controls or is controlled by that Party; and a Related Body Corporate of that Party, as defined in the Corporations Act.

Applicable Laws means any laws, legislation or regulation applicable in this jurisdiction in which you access the Platform.

Application means the mobile software providing an interface into the Platform.

Corporations Act means the Corporations Act 2001 (Cth).

Intellectual Property Rights means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them.

Force Majeure means any act or event caused by any factor that is not within the reasonable control of Pax Psychology, including without limitation, act of God; war; national emergency; a pandemic; cyber-attack; explosion; damage to telecommunications infrastructure or internet services.

Personal Information has the meaning given to it in the Privacy Act.

Privacy Act means Privacy Act 1988 (Cth) as amended from time to time.

Viruses means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Website means the website with the designated URL www.paxpsychology.com.au and its associated services and/or functionality.