Terms of Service for Clients

These Terms of Service govern your use of our website located at www.talked.com.au ('the Website').

Please read these Terms of Service carefully before you begin using the Website. You acknowledge and confirm that you have read and understood these Terms of Service and agree to abide by these Terms of Service. If you do not agree to any of the Terms of Service, you must not use the Website.

1. Definitions

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

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 Therapy Platform or Website means the online platform or internet website through which the services are provided to you being comprised within the domain www.talked.com.au or as may be changed or updated from time to time.

Therapists mean therapists including but not limited to Psychologists, Counsellors, Social Workers, psychotherapists, General Practitioners or Psychiatrists providing Services to you via either video conferencing, phone or the website.

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

References to you or your include people you are representing or have the consent to act on the behalf of including as agent, parent or

2. Platform Software License

Your use of the Talked Therapy Platform is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is provided by email primarily and is a benefit for you, but is not a right of yours.

You understand and accept that the Talked Therapy Platform uses third-party vendors and hosting services to provide the hardware, software, networking, storage, and related technology required to run the Talked Therapy Platform.

You shall not reproduce, duplicate, copy, sell, resell or exploit the whole or any part of the Website.

You expressly understand and agree that as regards the use of the Website shall not be liable for any loss of income or profits, loss of contracts, loss of goodwill, loss of data, or other intangible losses or for any indirect or consequential loss or damage.

3. Nature of Service

You understand, agree and acknowledge that Services facilitated by Talked 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. 

The Service is not an acute service. In cases of emergency, please contact public emergency services immediately by dialling “000” by telephone. Talked is not responsible for any loss, damage, cost, expense, action, claim, demand, proceeding, injury or liability suffered by any person as a result of a failure by you or any other person to contact public emergency services.

If you are thinking about suicide, if you are considering taking actions that may cause harm to you or to others, if you feel that you or any other person may be in any danger, or if you have any medical emergency, you must immediately “000” and notify the relevant authorities. You can also contact Lifeline 24 hours a day on 13 11 14 or alternatively obtain resources from Lifeline at www.lifeline.org.au

4. Therapists

Talked operates the Talked Therapy Platform solely as an introductory service and we take no part in the provision of psychology, healthcare or any other medical services. Talked’s Therapists are independent Therapists who are neither our employees, nor agents, nor representatives. Talked’s telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Therapists who provide them. If you feels the Services provided do not fit your needs or expectations, you may change to a different Therapist who provides services through Talked.

Talked requires every Therapist on the Talked Therapy Platform providing telehealth services to be an accredited, trained, and experienced practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Therapists must be registered with at least one of the following industry or Government bodies:

1. The Australian Health Practitioner Regulation Agency
2. The Australian Psychology Society
3. The Australian Counselling Association
4. The Psychotherapy and Counselling Federation of Australia
5. The Australian Social Worker Association

Therapists 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. Talked has a high standard for Therapist quality and reserves the right to change or require proof of qualifications. 

If you obtain services from the Therapists through the Talked Therapy Platform, you are solely responsible for determining the suitability of the relevant Therapists for your particular needs. Talked does not guarantee or warrant that the Website, the Talked Therapy Platform, or the Services provided by any Therapist through the Website or via the Talked Therapy Platform, are suitable or appropriate for any person.

Therapists are bound by their Therapist Provider Agreements with Talked. Therapists who have not agreed to their Therapist Provider Agreement agree to be bound by these Terms of Service and acknowledge that Talked may remove their profile from the Website.

5. Account Creation

In order to use all of the Website’s features, you must create a user account and complete all mandatory fields. You must be eighteen (18) years of age or over to create a user account on the Website.

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

1. provide complete and accurate information;
2. keep personal information accurate and up to date at all times;
3. not create more than one user account;
4. not use another person’s account;
5. must immediately notify Talked of unauthorised use of your user account;
6. not create a new user account if your account is disabled by Talked; and
7. 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 form 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 Website at any time in Talked’s sole discretion, without notice.

6. Price and Billing Policy 

The price of all Services provided on the Talked platform is subject to the fees set by each Therapist. Talked is not responsible for the determination of the prices set by each Therapist nor will Talked amend the Therapists fees on your behalf.

All reasonable steps will be taken by Talked or the Therapist to ensure that you will be notified of changes by a Therapist to their Session fees.

Payment for the services provided to you on the Talked Therapy Platform not covered by Medicare, NDIS, Private Health or similar service will be taken from the Direct Debit/Credit Card information provided to the Website at the time of payment. You confirm and agree to use only Debit or Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information that you provide 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 for the payment for Services provided by Therapists.

You acknowledge and agree that:

1. 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;
2. Talked may require the use of any method of payment on the Website as Talked decides in its sole discretion;
3. 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
4. Talked may introduce new fees for Bookings, at any time without prior notice to you.

Unless otherwise expressly stated, all Fees and Bookings Fees are inclusive of Goods and Services Tax.

7. Government Rebates

If you are eligible for Government/Medicare Rebates for services provided by Talked, Talked may take steps to process your rebate claim on your behalf. If Talked are unable to process an applicable Government/Medicare Rebate, Talked will be required to bill you in accordance with Talked’s Pricing and Billing Policy. Talked makes no warranties and provides no guarantees as to the accuracy, timing or success of such rebate applications processed on your behalf and by agreeing to these Terms of Service you indemnify Talked and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.

8. Cancellation Policy

If you wish to change the date and/or time of a Session, provided you give at least 48 hours notice prior to the time of the appointment, you can choose a suitable alternative Session time and/or date. In the event that a Therapist is unable or unwilling to accept a change in the Booking, we will treat the Booking as cancelled by you and will refund you the full amount of the Booking. If you cancel the Booking with just 24 hours' notice they will be entitled to a 50% refund.

If a Therapist wishes to change the date and/or time of a Session, in the event that you are unable or unwilling to agree to such change, Talked will treat the Booking as cancelled by the Therapist and will refund you the full amount of the Booking. A full refund will only apply if the Booking has been paid for by you.

9. Promotions

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

10. Dealings with Therapists via the Website

Talked does not itself provide any health service but merely provides the platform which enables you to access health services from Therapists.

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

1. Therapist information which appears on the Website, including the manner in which the information is displayed or information which may be out of date or inaccurate.
2. duplication of the Therapist names where two or more Therapists have the same name.

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

Appointment availability and timeframes for responding to requests for therapy service are provided to Talked Therapy Platform by Therapist, and Talked cannot ensure that Therapists run on time, do not have conflicting appointments, and meet all timeframes for responding to therapy requests.

You agree to complete the Booking and intake form questions truthfully, and not omit information which 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:

1. that not all reviews may be posted publicly due to legislative requirements for certain therapists (including Medicare-regulated therapists);
2. to be detailed and objective in your review;
3. to write clearly using accurate grammar and spelling;
4. to not abuse, attack or threaten anyone, including the Therapist or us;
5. to not post personal details such as names, phone numbers or email addresses; 
6. to not use inappropriate language; and
7. 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 Therapists profile at its sole discretion.

Therapists have the opportunity, but not a requirement, to respond to all reviews.

11. Modifications, Termination, Interruption and Disruptions to the Website

You understand, agree and acknowledge that Talked may modify, suspend, disrupt or discontinue the Website, any part of or use of the Website at any time with or without notice to you. You agree and acknowledge that Talked 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.

Talked will use reasonable efforts to ensure that the Website is accessible on a continuous basis. However, you confirm and acknowledge that Talked may, with or without notice, modify, suspend, disrupt or discontinue any part of the Website at any time.

You confirm and agree that access to the Website is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Website, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use the Website, Talked’s hosting and web server (to the extent that Talked engages third party contractors) and other factors which may impact upon the delivery of the Website to you via the Internet.

Talked does not guarantee that the Website will be uninterrupted or that it will be secure, consistent, timely or error-free. Talked reserves the right to restrict or remove access to the Website for the purpose of undertaking maintenance and updating of the Website.

12. Third-Party Content

The website 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. Talked has 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.

13. Security

Where there is unauthorised access or a breach of security, Talked will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords. You must take all other actions that Talked reasonably deems necessary or desirable to maintain or enhance the security of Talked’s computing systems and networks and your access to the Website.

Talked will use all reasonable endeavours to ensure that Talked provides a secure environment for any data stored or hosted on Talked’s systems. You acknowledge however that no information which is available on the Internet is completely secure and agrees that Talked will not be liable for any loss suffered by you or any third party should Talked’s security measures (or those of any of Talked’s service providers) be overcome or breached.

Talked maintains appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. Talked is not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.

14. Intellectual Property

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

All material on the Website 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 Website and access the content in the manner set out in these Terms of Service.

You may use the Website and access the content only for your personal and noncommercial use. Nothing in these Terms of Service or on the Website 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 Website or the content in any way.

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

1. is defamatory, libellous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
2. infringes on the copyright or any other proprietary right of a third party;
3. is intended to advertise to or solicit others without our express permission;
4. constitutes charity solicitations, chain letters or pyramid schemes;
5. contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;
6. 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
7. 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.

15. Continued Development

You consent to Talked soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning the Site from you or any person (Feedback). Talked owns all IP Rights in any Feedback and may use such Feedback for purposes related to the Website or Talked Therapy Platform or the carrying out of services by Talked generally without further approval or acknowledgement, and you assign to Talked all IP Rights in any such Feedback.

16. Privacy Policy

These Terms of Service are subject to our Privacy Policy. You agree and acknowledge to be bound by our Privacy Policy.

17. Off-Site Conduct

It is a direct violation of these Terms of Service for you to engage in an activity using information obtained from the Website to contact, abuse, advertise, sell to, harass or harm any other person, including the Therapists.

18. Termination

Talked may (in its sole discretion and without prior notice) terminate your licence to access the Website and take any legal action Talked has available against you, if you breach these Terms of Service or Talked believe the services offered by Talked are not appropriate for you.

19. Limitation of Liability

You release Talked 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 or through the website, or in person, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Therapist and/or any other content or information accessible through the website. 

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

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

20. Indemnity

You agree to indemnify Talked and its officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Service.

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

This section (Indemnity) shall not merge on the termination or expiration of these Terms of Service.

21. Representations, Conduct and Commitments

You 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 for yourself or on behalf of another.

You confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of these Terms of Services, you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree and confirm that your use of the Website, 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 unless expressly consented to by the person and Talked, and the purpose of entering on behalf of another person or organisation is for the receiving the Services.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of Talked’s systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.

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 Website and your relationship with the Website, company, or Therapists.

You will indemnify Talked, defend Talked, and hold Talked 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: 

1. your access to or use of the website;
2. you violation of any of the provisions of these Terms of Service; or
3. non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website. 

You confirm and agree to use only debit or credit cards or other payment means (collectively “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.

22. Dispute resolution and mediation

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

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.

23. General

These Terms of Service 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 of Service constitutes the entire agreement between you (including any person you have entered into these Terms of Service 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 of Service by posting modifications on the Website. Unless otherwise specified by Talked, all modifications shall be effective upon posting. By using the Website after the changes become effective, you agree to be bound by such changes to the Terms of Service. If you do not agree to the changes, you must terminate access to the Website and participation in its services. We reserve the right to terminate your access to the Website if you do not agree to the changes to the Terms of Service.

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

The Website is controlled from our offices in Victoria. These Terms of Service 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.

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