Client Terms and Conditions
Revised: December 7th, 2010
Healing Telephone Counselling is proud to welcome you to the premier mental health and therapy related service. Healing Telephone Counselling agrees to make a reasonable effort to maintain an informative, useful, and safe website for the benefit of the general public. We ask that you carefully review these Terms and Conditions, and that you read and signal (by clicking the check box on the registration page) that you understand and agree with the Terms and Conditions detailed within this document.
Please note that you are referred to as "User" or "You" or "Your" in this Agreement. The term "Provider" includes Healing Telephone Counselling and its officers, directors, employees, assigns, agents, and successors. The terms "mental health professional", "therapist" and "counselor" are used in this Agreement (Terms and Conditions) and on the website to refer to a variety of mental health professionals including, but not limited to, psychiatrists, psychologists, marriage and family therapists, social workers, and counselors.
Services and Conditions of Use:
Healing Telephone Counselling (the "Provider") agrees to provide a site with general information, the ability to access mental health professionals and their services, surveys and quizzes, and opportunities to shop for items of interest to you. All of the services provided are subject to the terms of this Agreement. Provider reserves the right to modify this Agreement at any time by providing notice through the Site. You hereby agree that, at all times that you use the Site, you will abide by the Terms and Conditions set forth herein. To use the Site, User must agree to all of the Terms and Conditions set forth in this Agreement. Read this Agreement carefully. Do not use the Site unless you have read and agree to abide by the terms and conditions set forth herein.
IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 000, NOTIFY THE POLICE OR CONTACT EMERGENCY MEDICAL SERVICES.
User's reliance on any information provided on the Site is solely at the risk of the User. Provider does not endorse and does not recommend any information, material, product, quiz, survey, test, procedure or opinion that may be posted or referred to on the Site. Opinions expressed on the Site are solely the opinions of the authors of such material posted or appearing on the Site. Provider does not assume any liability or responsibility for the accuracy of the content of any material provided on the Site. Provider does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or material of any nature provided on the Site. Provider reserves the right, at any time, to modify or to stop providing any component or feature of the Site.
All mental health professionals who practice therapy on the Site are required to provide proof of licensure or certification and liability insurance to Provider before being granted the right to utilize services to conduct their private practice.
User Rules for the Site:
By using the Site, you agree that you will not undertake any of the following actions:
Use the Site for any purpose which would violate any local, state, federal or international law;
Engage in any other conduct which, in the opinion of Provider, inhibits or restricts others from using and enjoying the service;
Impersonate another person;
"Spam," or send unsolicited mass distribution of email;
Furthermore, You will cooperate fully with Provider to investigate any suspected unlawful, fraudulent or improper activity;
With or without warning, Provider, in its sole discretion, may terminate the User's account when these Rules and/or Terms and Conditions are violated. Provider will also make every effort to remove material or postings on the Site that are in violation of the Rules or the Terms and Conditions. Users who violate the above Rules or Terms and Conditions of the Site may have their account terminated or receive a warning from Provider stating that User has committed a violation and that further violations may result in the termination of User's account.
If you use the interactive areas found on the Site, you are solely responsible for your communications and the consequences of posting those communications. Provider does not assume any liability or responsibility for the content or consequences of such communications. If you feel threatened or believe that you or someone else may be in danger, contact your local law enforcement agency immediately.
User should assume that any material, information, software, or any other content on the Site is protected by copyright. User may not copy, reproduce, retransmit, distribute, publish, use for any commercial purpose, or otherwise transfer any copyrighted material. User may download a single copy of the material from the Site, and that single copy is solely for User's personal use. User does not acquire any ownership rights by downloading copyrighted material.
User is solely responsible for compliance with any copyright, trademark, or other proprietary right, which may apply, to any material of any nature found on the Site.
Limitation of Liability and Warranties:
THE SITE AND ALL CONTENT AND MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS. USER AGREES TO USE THE SITE SOLELY AT USER'S OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES RELATING TO THE QUALITY, ACCURACY, OR CONTENT OF ANY AND ALL MATERIAL, INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR ACCESSED THROUGH THE SITE, INCLUDING ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, HEALING TELEPHONE COUNSELLING MAKES NO REPRESENTATION REGARDING INSURANCE COVERAGE OR YOUR ABILITY TO RECOVER COSTS INCURRED ON THIS SITE FROM YOUR INSURANCE PROVIDER.
Provider is not liable for the conduct of other Users or third parties and the risk of injury from the foregoing rests entirely with User.
Provider is not liable for damages of any nature including, without limitation, direct, indirect, incidental, consequential, or special damages arising out of User's use of the Site or inability to access or use the Site or out of any breach of any warranty.
Interactions with Mental Health Professionals:
If you choose to interact with a mental health professional on the Site, your relationship is strictly with the mental health professional, and Provider is not involved in any way with that relationship. Provider is acting as a service provider who provides services to those desiring to conduct their practices through Provider. Provider does not endorse or recommend any mental health professional on the Site. Provider advises and encourages User to check the certification and/or licensing of the mental health professional with the applicable state regulatory Board or authority.
User acknowledges that the mental health professionals on the Site are not employees or agents of Provider and Provider assumes no responsibility for any act or omission of any mental health professional. User also understands that User takes full responsibility for the decision to access a mental health professional through the Site and to continue to interact with the mental health professional, and that the role of Provider is strictly limited to providing access to mental health professionals and their services for User's consideration. Provider advises and encourages User to check the certification and/or licensing of the mental health professional with the applicable state licensing Board or authorities.
Where does the counseling/therapy take place? For purposes of any interactions with the mental health professionals utilizing the Providers technology services, the counseling or therapy is considered to take place where the therapist is located. You have the option to work with many counselors and you are choosing to speak with counselors utilizing the Providers technology services for your convenience. Unless stated otherwise by a counselor, the counselors are only representing that they are licensed in the state in which they are physically located; they are not representing themselves as a licensed counselor in any other state nor necessarily have the scope of competence to be operating as a licensed professional in any other state.
The Counselor should provide User with further disclosures that may be required by the law in the state in which he/she practices. The Counselor may also disclose or User may request that he/she disclose, information relating to his/her education, training, experience and theoretical orientation.
In many situations, based on the type of counseling being provided, the Counselor will request or require the User to provide personal information to the Counselor. Also, depending on the situation, the Counselor may also request the User to fill out certain forms to continue counseling.
With respect to exceptions to confidentiality, for instance, Counselors are generally required to report suspected child abuse or neglect. Some states require the reporting of suspected elder abuse or dependent adult abuse. Additionally, User's Counselor will likely be permitted or required to break confidentiality when User is in such mental or emotional condition as to be a danger to himself or herself or to others. User should check with his/her Therapist or counselor as to the specific limitations to confidentiality that exists in their state.
Links to Other Sites:
The Site contains links to other websites, sometimes called "third party" websites. Provider is not responsible for the content of linked third party sites and does not make any representation, warranty, or endorsement with respect to any content or material or the accuracy of any content or material on such third party websites.
The Site may contain advertisements by third parties. The advertisements may contain links to other websites. Provider does not make any representation, warranty, or endorsement of any product or the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
Servicemarks and Trademarks:
HealingTelephoneCounselling.com.au and HealingTelephoneCounselling.com.au logos are servicemarks of Healing Telephone Counselling. All other servicemarks and trademarks appearing on the Site belong to their respective owners.
Provider may give notice to Users by means of a general notice on the Site. User may give notice to Provider by the following means:
Electronic mail to firstname.lastname@example.org.
Such notice shall be deemed given when received by provider (at any time).
User agrees to indemnify and hold harmless Provider from any liability, cause of action, claims and expenses, including reasonable attorney's fees and court costs, related to a violation of this Terms and Conditions Agreement and as a result of any information, material, or content placed on the Site by User.
User hereby releases and agrees to hold harmless and indemnify Provider, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all liability or causes of action and claims of any nature resulting from the acts of mental health professionals accessed through the Site.
This Terms and Conditions Agreement set forth herein shall be construed under and governed by the laws of the State of Victoria.