Terms of Service for Therapists
Refer to your signed Provider Agreement with us. If you have not signed a Provider Agreement, then the below Terms of Service apply.
Therapist Terms of Service
Please read these Therapist Terms of Service carefully before you begin using the Talked Therapy Platform as these will apply to your relationship with Talked Pty Ltd. In using Talked Therapy Platform you agree to these Terms.
Definitions
Agreement means the client’s acceptance of these Terms of Service.
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 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.
Talked Pty Ltd means the owner of all intellectual property and services provided on the website and platform.
Therapist Services means the therapy services which the Therapist is in the business of providing to Clients.
Booking means a scheduled appointment with a Therapist booked by the Client via The Platform.
Therapist Content means any content added by the Therapist to the Talked Therapy Platform.
Platform Software License
The Therapist’s use of the Platform is at the Therapist’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 Therapist, but is not a right of the Therapist.
The Therapist understands and accepts 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 Platform. The Therapist also acknowledges and agrees that Talked Pty Ltd shall have administrator’s access to all parts of the Platform, including those parts that have been specifically tailored for the Therapist.
The Therapist shall not reproduce, duplicate, copy, sell, resell or exploit the whole or any part of the Platform, or allow any third party (including group companies of the Therapist) to use or access the Platform without express prior written permission from Talked Pty Ltd.
Talked Platform does not warrant:
- that the Platform will meet the Therapist’s specific requirements;
- that the Platform will be uninterrupted, timely, secure, or error-free;
- that any information or results that may be obtained from the use of the Platform will be accurate or reliable;
- that the quality of any products, services, information, or other material purchased or obtained by the Therapist through the Platform will meet the Therapist’s requirements or expectations; or
- that any errors in the Platform will be corrected.
The Therapist expressly understands and agrees that as regards use of the Talked Therapy Platform 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.
Therapist Obligations
The Therapist agrees to pay all applicable commission to Talked Pty Ltd and to accept all bookings and may only decline to accept in exceptional circumstances.
The Therapist agrees to supply their services to the highest professional standards.
The Therapist must ensure they have valid and up-to-date liability insurance and understand it's their sole responsibility to handle all claims that may arise from a Client who has booked their services via the Talked Therapy Platform. They understand Talked Pty Ltd is not responsible or liable for any claims made against them. The Therapists, must upon reasonable request by Talked Pty Ltd, provide a copy of liability insurance.
Cancellation Policy
The Therapist is obliged to comply with the cancellation and rescheduling policy set out in the Terms of Service. In summary:
Talked Pty Ltd will offer a full refund to clients on bookings which are cancelled (or unable to be rescheduled) provided the relevant appointment is not due to take place within 48 hours of receipt by Talked Pty Ltd of the cancellation.
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 Booking following a Client requesting such a change, Talked Pty Ltd 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.
Restraint of Trade
The Therapist shall not solicit Clients derived from the Talked Therapy Platform to make Bookings other than through The Platform. This includes initial consultations and all subsequent follow up bookings.
Where a Client makes a Booking and the Therapist encourages that Client to cancel their Booking and make a separate Booking directly with the Therapist, the Therapist shall be in Breach of this Agreement.
If Talked Pty Ltd has reasonable grounds to suspect that the Therapist has made or makes any direct or indirect attempt to avoid paying any Commission, for example without limitation, by fraudulently flagging a Session as a cancellation or non-chargeable, this shall be a Breach of this Agreement and shall give Talked Pty Ltd the right, without limiting other remedies available to it, to withhold and retain any payments due to the Therapist under this Agreement.
Therapist Warranties and Indemnity
The Therapist hereby grants Talked Pty Ltd the right:
- to update this Agreement from time to time;
- to use and publish the Therapist Content in connection with the provision of Talked Therapy Platform Services;
- to remove, edit or cut-down the Therapist Content where Talked Pty Ltd sees fit; and
- to use any Therapist Content in marketing material.
The Therapist warrants, represents and undertakes that it shall comply with all applicable laws and advertising regulations in the marketing, sale and provision of the Therapist Services and shall obtain all licences, consents, authorities and insurance it is either necessary or reasonably prudent for the Therapist to obtain in respect of all its business activities and personnel.
The Therapist is aware and agrees that Talked Pty Ltd is not responsible for any loss, damage, liability or negligence arising from its agreement or contract with Clients.