Terms of Service for Clients

Updated: 6 May 2021

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

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

Definitions

Booking means a scheduled appointment with a Therapist booked by the Client via The Platform.

Client means the person requesting and engaging in services provided by the Talked Therapy Platform.

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

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

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

The Platform means the Talked Therapy Platform.

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

Platform Software License

The Client's use of the Platform is at the Client's 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 the Client, but is not a right of the Client.

The Client understands and accepts that the Talked Telehealth Platform uses third party vendors and hosting services to provide the hardware, software, networking, storage, and related technology required to run the Platform.

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

The Client expressly understands and agrees that as regards use of the 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.

Cancellation Policy

If a Client wishes to change the date and/or time of a Session, provided the Client gives at least 48 hours notice prior to the time of the appointment, the Client 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 the Client and will refund the Client the full amount of the Booking.

If a Therapist wishes to change the date and/or time of a Session, in the event that the Client is unable or unwilling to agree to such change, Talked Pty Ltd will treat the Booking as cancelled by the Therapist and will refund the Client the full amount of the Booking.

If the Client cancels the Booking with just 24 hours notice they will be entitled to a 50% refund.

Limitation of Liability

Talked Pty Ltd is not:

  • a healthcare provider and is not liable in any respect for your care or for advice provided to you by a Therapist; and
  • responsible for maintaining or storing any health or medical records on behalf of a Therapist.

As far as lawfully possible, Talked Pty Ltd accepts no liability or responsibility for the actions or omissions of any users of the Website in relation to the content contained herein.

All information provided on the Website is general in nature and does not constitute medical or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.

In no event will Talked Pty Ltd be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.

Talked Pty Ltd is not responsible for the deletion, failure to store, mis-delivery, or untimely delivery of any material accessed through the Website or external sites and will not be liable for any damage or loss whatsoever resulting from any users downloading or accessing any information or material through the Website.

Talked Pty Ltd does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website (including hypertext links to external sites if any) for any reason whatsoever.

Talked Pty Ltd does not guarantee the security of any information sent to the Website via the internet and such information is sent at the transmitter's own risk.

Talked Pty Ltd does not endorse the content of advertisements appearing on the Website and has no liability in respect thereof.

Dealings with Therapists via the Website

Talked Pty Ltd does not itself provide any health service but merely provides the platform which enables you to access health services from a third party health care provider (‘Therapist’).

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

  • 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.
  • duplication of the Therapist names where two or more Therapists have the same name.

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

Appointment availability and timeframes for responding to requests for prescriptions are provided to Talked Therapy Platform by Therapist, and Talked Pty Ltd cannot ensure that Practitioners run to time, do not have conflicting appointments, and meet all timeframes for responding to prescription requests.

You agree to complete the booking form questions truthfully, and not omit information which is or may be relevant to your care. If your matter is urgent, including if you have a medical emergency, you should confirm any appointments or prescription requests directly with the Practitioner, and if necessary seek urgent medical or hospital attention.

Dispute resolution and mediation

If a dispute arises between a Client, Therapist or Talked Pty Ltd, 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 Pty Ltd.

If the parties are unable to resolve the dispute within 30 business days, Talked Pty Ltd 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.

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