Terms & Conditions

We, Talked Pty Ltd (ACN 640 295 272), own and operate the "Talked" therapy platform, which is accessible via www.talked.com.au and all associated mobile apps (toget

The following are the general Terms and Conditions (the “Terms and Conditions”) that govern your access and use of our telehealth services. By using the Talked Platform, you agree to these Terms of Use which, together with the Privacy Policy, govern your access to and use of the Talked Platform.

Throughout these Terms of Conditions and the Platform, the terms "we", "us" and "our" refer to Talked.

By accessing or using our online services, you are entering into these Terms and Conditions. You should read these Terms and Conditions carefully before starting to use the online services. If you do not agree to be bound to any term of these Terms and Conditions, you must not access the services.

Talked reserves the right to update, vary or replace any part of these Terms and Conditions at any time by publishing a revised version of the Terms and Conditions on the Talked Platform. Any new features or tools that are added to the Talked Platform shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Talked Platform following the posting of any changes constitutes acceptance of those changes.

Disclaimer

We provide a service that allows you to obtain insights about your mental health via online assessments and sessions with a Service Provider. The Talked Platform is not a crisis service. Please do not use this site if you are in crisis, if another person may be in danger, or if you are experiencing suicidal or homicidal thoughts. Call 000 immediately for emergency support. You can also contact Lifeline 24 hours a day on 13 11 14 or alternatively obtain resources from Lifeline at www.lifeline.org.au.

1. Definitions

Booking means a scheduled appointment with a Therapist booked by you via the Talked Therapy Platform.

Service Provider means therapists including but not limited to Psychologists, Counsellors, Social Workers, psychotherapists, General Practitioners or Psychiatrists providing Services to you via either video conferencing, phone, chat or in person.

Services mean the provision of telehealth services through either video conferencing, phone or through the Talked Therapy Platform, or in-person mental health services provided by the Therapist.

Session means any occurrence of an appointment booked by you or a Therapist for you to receive any of the Therapist's Services.

Talked means Talked Pty Ltd, the owner of all intellectual property and services provided on the website and platform.

Talked Platform means the online platform or internet website through which the services are provided to you being comprised within the domain talked.com.au and any mobile application which may be updated from time to time.

Third-Party Dispute Service means a third-party dispute resolution service provider used to resolve any disputes between parties.

2. Telehealth Services

The Talked Platform may be used to connect you with a Service Provider who will provide the services to you which may include the delivery of mental health therapy session.

Talked requires that every Service Provider providing telehealth services be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Practitioners must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional boards after successfully completing the necessary education, exams, training and practice requirements as applicable.

We require every Service Provider providing telehealth services to be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Service Providers must be registered with at least one of the following industry or Government bodies:

The Australian Health Practitioner Regulation Agency
The Australian Psychology Society
The Australian Counselling Association
The Psychotherapy and Counselling Federation of Australia
The Australian Social Worker Association

Service Providers must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional boards after successfully completing the necessary education, exams, training and practice requirements as applicable.

Our Service Providers are independent service providers who are neither our employees, agents, nor representatives. The Talked Platform is limited to enabling the Services while the Services themselves are the responsibility of the Service Providers who provide them. If you feel the Services provided to you do not fit your needs or expectations, you may change to a different Service Provider who provides services through Talked.

While we hope the Services are beneficial to you, you understand, agree and acknowledge that these Services may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers.

We reserve the right to restrict or terminate your service based on clinical governance requirements and ethical standards that may be impacted by dual relationships with other practitioners.

By agreeing to these Terms and Conditions you hereby acknowledge that the Services provided by the website do not constitute a replacement for in-person care from Doctors or other medical professionals, especially in circumstances of medical or mental health emergencies and crises. In the event of such emergencies, please call triple zero (000) immediately. You can also contact Lifeline 24 hours a day on 13 11 14 or alternatively obtain resources from Lifeline at www.lifeline.org.au.

3. Account Creation

In order to use the Talked Platform and access the Talked Platform features, you must create a user account and complete all mandatory fields. You must be eighteen (18) years of age or over or have received consent from a parent or guardian to create a user account on the Talked Platform.

When creating a user account on the Talked Platform, you agree to:

provide complete and accurate information;
keep personal information accurate and up to date at all times;
not create more than one user account;
not use another person’s account;
must immediately notify Talked of unauthorised use of your user account;
not create a new user account if your account is disabled by Talked; and
Remain responsible for maintaining the confidentiality of the password and user name required to access the user account.
Talked reserves the right to disclose your identity or other information provided when establishing a user account if required by law to do so. Talked may alter any part of the user account if Talked receives a legitimate complaint, or otherwise forms the view (in Talked’s sole discretion) that the content of the user account is inappropriate or offensive.

Talked reserves the right to terminate your access to the Talked Platform for breach of any of these sections at any time in Talked’s sole discretion, without notice.

4. Pricing of Sessions and Billing Policy

The price of all services provided on the Talked Platform are subject to pricing schedules reasonably determined by Talked (and in some circumstances the Service Provider), and Talked reserves the right to reasonably set and amend the fees chargeable for services rendered on the Talked Platform from time to time in a manner consistent with internal management of Talked and the Talked Platform. The prices charged by Talked for the Services provided by the Service Provider on the Talked Platform are informed in part by the costs associated with Talked’s running and maintenance of the platform and overhead expenses associated with the platform.

The billing policies of Talked for the services provided on the Talked Platform are informed by the guidelines set by the Australian Medical Association (‘AMA’) as well as market standards. Price increases or adjustments that are made from time to time by Talked are made according to CPI.

All reasonable steps will be taken by Talked to ensure that you, as a client of the Services provided by the Service Providers on the Talked Platform, will be notified of any changes thereof made by Talked to the Service prices.

Payment for the Services provided to you on the Talked Platform will be taken from the Direct Debit/Credit Card information provided by you to the Talked Platform at the time of registration and Booking on the Talked Platform.

Payment for the Services received by you is required by no later than the day upon which the Service is received by you. You confirm and agree to use only Credit Cards/Debit Cards or other payment means which you are duly and fully authorised to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

Talked may:

In the case of NDIS claims, choose to invoice the NDIS participant or the NDIS participant's plan manager; or
in the case of Workers’ Compensation claims, choose to invoice the insurance company or as directed by the claimant’s case manager,

for the payment for Services provided by the Service Provider.

You acknowledge and agree that:

Talked’s liability to you or any other person has not increased by virtue of the fact that Talked collects a fee as part of any Booking;
Talked may require the use of any method of payment on the Talked Platform as Talked decides in its sole discretion;
All fees are payable in Australian Dollars unless otherwise specified, and you are solely responsible and liable for the payment of any foreign exchange or currency conversion fee charged by Talked’s third-party payment processor, or by your financial institution; and
Talked may introduce new fees for Bookings, at any time without prior notice to you.
Unless otherwise expressly stated, all prices are inclusive of Goods and Services Tax.

5. Government Rebates

If you are eligible for Government/Medicare Rebates for the Services by the Service Providers on the Talked Platform, we will take all reasonable steps to process your rebate claim on your behalf. If we are unable to process an applicable Government/Medicare Rebate, Talked will be required to bill you in accordance with the above section titled “Pricing of Sessions and Billing Policy”.

We make no warranties and provide no guarantees as to the accuracy, timing or success of such rebate applications processed on your behalf and by agreeing to these Terms and Conditions you are hereby indemnifying Talked and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.

In order to claim Medicare rebates for psychological services, you will need a referral from a general practitioner. Please refer to the Medicare website to determine whether you are eligible for Medicare rebates.

All Bookings are subject to the Cancellation Policy. Failure to attend a Session may result in ineligibility to claim Medicare rebates.

When accessing Medicare rebates, you agree and authorise Talked to claim your Medicare rebate on your behalf. The Medicare rebate is processed after your completed Session. Payment of the Medicare rebate will be from Medicare to your designated Medicare-linked bank account. If there are any issues with your Medicare rebate please contact Medicare on 132 011.

6. Promotions

Talked may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and Conditions and any other terms and conditions specified by Talked.

7. Cancellations and Refunds

Talked’s policy for charges in relation to cancellations and refunds are outlined in our Cancellation Refund Policy.

8. Third-Party Content

The Talked Platform may contain other content, products or services that 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 that are related to Third Party Content.

We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these Terms and Conditions you agree to indemnify Talked and associated companies and directors against any damage or loss caused by any Third Party Content.

9. Privacy and Security

By agreeing to these Terms and Conditions, you are also agreeing to the terms of our Privacy Policy which can be found on this website.

10. Dealings with Therapists via the Website

Talked does not itself provide any health service but merely provides the Talked Platform that enables you to access health services from Service Providers.

As the information appearing on the Talked Platform is provided to the Talked Platform by the Service Providers, Talked will have no liability in respect of any loss or damage arising from:

Service Provider information that appears on the Talked Platform, including the manner in which the information is displayed or information that may be out of date or inaccurate.

Duplication of the Service Provider names where two or more Service Providers have the same name.

Talked is not an agent for any of the Service Providers listed on the Talked Platform and Talked has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Service Provider, the timing of an appointment or the attendance at an appointment or quality of service provided by a Service Provider.

Appointment availability and timeframes for responding to requests for therapy service are provided to Talked Platform by the Service Provider, and Talked cannot ensure that Service Providers run on time, do not have conflicting appointments, and meet all timeframes for responding to therapy requests. Talked however will use reasonable endeavours to ensure that appointments are attended by the Service Providers.

You agree to complete the Booking and intake form questions truthfully, and not omit information that is or may be relevant to your care.

If after the completion of a paid Session, you wish to leave a review, you agree and acknowledge:

that not all reviews may be posted publicly due to legislative requirements for certain therapists (including Medicare-regulated therapists);
to be detailed and objective in your review;
to write clearly using accurate grammar and spelling;
to not abuse, attack or threaten anyone, including the Service Provider or us;
to not post personal details such as names, phone numbers or email addresses;
to not use inappropriate language; and
that Talked reserves all rights to review and determine the appropriateness and legitimacy of a review. Talked may delay the posting of a review or remove a review from a Service Provider profile at its sole discretion.
Service Providers have the opportunity, but not a requirement, to respond to all reviews.

11. Intellectual Property

Talked or its affiliates own all rights, title and interest (including present and future copyright) in the Talked Platform.

All material on the Talked Platform such as articles, written materials, names, trademarks, images, photographs, designs, illustrations, and logos (‘Content’) are owned by, or licensed to, Talked (unless expressly indicated otherwise). You are granted a nonexclusive, non-transferable licence to use the Talked Platform and access the content in the manner set out in these Terms and Conditions.

You may use the Talked Platform and access the content only for your personal and noncommercial use. Nothing in these Terms and Conditions or on the Talked Platform grants you ownership of the content (or any intellectual property rights in it). You may not sell, modify, copy, distribute, display, communicate or otherwise use the content unless Talked has expressly authorised you to do so in writing. You must not use any so-called ‘spider’ or similar automated software or device to use or access the Talked Platform or the content in any way.

You are not permitted to post any material on the Talked Platform which:

is defamatory, libellous, abusive, or obscene, including, without limitation, material that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
infringes on the copyright or any other proprietary right of a third party;
is intended to advertise to or solicit others without our express permission;
constitutes charity solicitations, chain letters or pyramid schemes;
contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;
interferes with or disrupts networks connected to the Website, or used for purposes of delivering the content (or violates the regulations, policies or procedures of such networks); or
attempts to gain unauthorised access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website or through password mining or any other means.

12. Disclaimer of Warranty, Limitation of Liability, and Indemnification

You hereby release us and agree to hold Talked harmless from any and all causes of action and claims of any nature resulting from any Services received via video conferencing, phone, chat or through the Talked Platform, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Service Provider and/or any other content or information accessible through the Talked Platform.

You understand, agree and acknowledge that the Talked Platform, Talked and all associated directors and operators provide absolutely no warranties (express or implied) including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the Talked Platform is at your own risk.

You understand, agree and acknowledge to indemnify and keep indemnified the Talked Platform and Talked against any indirect, incidental, consequential, special, punitive or exemplary damages.

This section (limitation of liability) shall not merge on the termination or expiration of these Terms and Conditions.

13. Your Account, Representations, Conduct and Commitments

You hereby confirm that you are legally able to consent to receive Services or have the consent of a parent or guardian and 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 Talked Platform, and the information that you will provide in or through the Talked Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Terms and Conditions, 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”). We advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge to indemnify the Talked Platform and Talked against any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Talked Platform, including any Services, is for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organisation.

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 Talked Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.

You agree and commit not to make any use of the Talked Platform for the posting, sending or delivering of either of the following:

unsolicited email and/or advertisement or promotion of goods and services;
malicious software or code;
unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
any content that infringes a third-party right including intellectual property rights;
any content that may cause damage to a third party;
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 Talked Platform and your relationship with the Talked Platform, Talked, or Service Providers.

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:

your access to or use of the website;
any actions made with your account or Account Access whether by you or by someone else;
your violation of any of the provisions of this Agreement;
non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website;
your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall not merge upon expiration or termination of this Agreement.

You confirm and agree to use only credit cards/debit cards or other payment means which you are duly and fully authorised to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

14. Dispute Resolution and Mediation

If a dispute arises between you, a Service Provider or Talked, the parties will attempt to resolve the dispute within 15 business days by informal negotiation (by phone, email or otherwise determined by Talked).

If the parties are unable to resolve the dispute, either party may refer the dispute to Talked.

If the parties are unable to resolve the dispute within 30 business days, Talked may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and parties are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

15. Notices

We may provide notices or other communications to you regarding these Terms and Conditions or any aspect of the Talked Platform, by text to the number that we have on record, by email to the email address that we have on record or via the client portal in the Talked Platform. The date of receipt shall be deemed the date on which such notice is given.

16. General

These Terms and Conditions and Talked’s relationship with you shall both be interpreted solely in accordance with the laws of Australia and those countries we deliver services to globally.

These Terms and Conditions constitute the entire agreement between you (including any person you have entered into these Terms and Conditions on behalf of) and Talked. You may not rely upon any promises or representations by Talked except as set forth in this agreement.

Talked may change these Terms and Conditions by posting modifications on the Website. Unless otherwise specified by Talked, all modifications shall be effective upon posting. By using the Talked Platform after the changes become effective, you agree to be bound by such changes to the Terms and Conditions. If you do not agree to the changes, you must terminate access to the Talked Platform and participation in its services. We reserve the right to terminate your access to the Talked Platform if you do not agree to the changes to the Terms and Conditions.

Talked may freely transfer or assign these Terms and Conditions or any of its obligations hereunder.

The paragraph headings in these Terms and Conditions are solely for the sake of convenience and will not be applied in the interpretation of these Terms and Conditions.

The Talked Platform is controlled from our offices in Victoria. These Terms and Conditions will be governed by and construed in accordance with the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.