Terms and Conditions
Welcome to The Friendship Project.
These terms and conditions, as amended from time to time, are the terms and conditions for your use of our website and associated online channels and apps (in these terms and conditions, we refer to all of these as the Website).
These Terms apply to all use of the Website, including informational pages relating to telehealth services. Separate telehealth terms and conditions, consent forms and privacy disclosures apply to users who register for, book, participate in or receive telehealth services. Information about telehealth services on the Website is introductory and general in nature only and does not constitute an offer or guarantee to provide healthcare services to any particular person. Access to telehealth services is not guaranteed and may be refused, discontinued or limited at the discretion of the treating practitioner, including where clinically inappropriate, unsafe, outside scope, or otherwise unsuitable. A therapeutic, clinician-patient or healthcare relationship is only established once a booking is accepted and any applicable telehealth consent forms and telehealth terms and conditions have been provided and accepted.
By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions (Terms). These Terms may be updated from time to time. You should check the Website for any changes.
In these terms, Services means the educational services, webinars, subscriptions, professional development training and other services made available through the Website.
In these terms, The Friendship Project Pty Ltd ABN 85 664 554 134 is referred to as we, us, our or The Friendship Project.
IN AN EMERGENCY:
DIAL 000,
OR CONTACT YOUR REGULAR HEALTHCARE PRACTITIONER,
OR GO TO YOUR NEAREST HOSPITAL EMERGENCY DEPARTMENT.
Please read the following important notice:
The Website and educational content are not medical or allied health advice. The information we provide through our education services does not take your personal situation into account. Additional terms and conditions apply to telehealth services accessed through our Website or by contacting us regarding telehealth services.
You can contact your regular healthcare practitioner for health care advice.
If you are unsure whether our Services are right for you and your condition, then you should consult your regular healthcare practitioner for appropriate advice.
You should not interpret anything in our education services as a recommendation:
- to delay or avoid visiting your regular healthcare practitioner, nor
- to change or stop any medication or treatment plan provided by your regular healthcare practitioner.
1. Use of the Website
1.1 You must use the Website in accordance with these Terms. By using the Website you warrant that you are over 18 and legally capable of entering into a binding contract, or, if under 18, that you have any necessary permissions from your guardian.
1.2 You are solely responsible and liable for all activity and communication on the Website initiated by yourself or via your registered account login (your Account).
1.3 You must not use the Website for any unlawful purpose, use the Website to engage in any offensive or defamatory conduct or infringement of a third party’s rights, or interfere with the Website’s operation or security.
1.4 You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
1.5 If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.
1.6 You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.
1.7 As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account.
1.8 We may change the Website from time to time in our discretion.
2. Information on our Website and in our Services
2.1 Information on the Website, including information relating to telehealth services, is provided for general informational purposes only and does not constitute medical, psychological or health advice. Accessing or viewing information on the Website does not establish a therapeutic, clinician-patient or healthcare provider relationship with us or any practitioner.
2.2 Professional development and clinician training materials are provided for educational purposes only and are not intended to replace independent professional judgment, supervision, clinical assessment, or compliance with applicable professional standards.
2.3 Opinions and other statements expressed by users and third parties (such as content contributors) (Third Party Material) are theirs alone, not our opinions. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us.
2.4 While we use reasonable efforts to ensure the accuracy and completeness of the information we include on the Website (other than Third Party Material), you should use your own judgment and make your own enquiries about the suitability of the information for you. You acknowledge that any reliance on information provided through the Website or Services is at your own discretion and risk.
2.5 The Website may contain links to other third party websites. We do not endorse the content of these websites nor provide any warranties regarding the accuracy of their content.
2.6 We do not warrant that any telehealth services referred to on the Website are suitable, available or appropriate for every individual, condition or location. Access to telehealth services may depend on clinical assessment, practitioner availability, legal or regulatory requirements, and other factors determined by us or the relevant practitioner.
3. Payments
3.1 Charges for our Services are set out on our Website.
3.2 By purchasing our education services, you acknowledge and agree that access to webinar recordings and associated materials may be provided immediately upon purchase and will remain available for 6 months from the date of purchase, after which access may expire. We may update, modify, replace or remove webinar recordings or associated materials from time to time. Subject to your rights under the Australian Consumer Law, fees paid for education services are generally non-refundable.
3.3 Annual subscriptions automatically renew for successive 12-month periods unless cancelled before the renewal date. You may cancel your subscription at any time by contacting us. Cancellation will take effect at the end of the current billing period unless otherwise stated.
3.4 When you create your Account, it is your responsibility to ensure your details are accurate and up to date. Your account is personal to you and must not be shared with any other person.
3.5 We process payments using Squarespace Payments. Please make sure that the credit card or other payment details that you provide are correct. If we cannot successfully process your payment, you will be notified. You will be responsible for any bank fees including dishonour fees.
3.6 We are entitled to revoke your subscription if you breach these Terms.
3.7 Our Services may include references to third parties. Third parties may also offer discounts or other special offers to our subscribers.
3.8 We take reasonable steps to ensure that all our third parties are reputable. However, it is your decision whether to obtain services or take up a special offer from a third party, and we are not responsible for the third party’s performance. If you have any concerns or complaints about the third party, you should take the issue up with the third party.
3.9 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Our Privacy Policy forms part of these Terms and explains how we collect, use, disclose and store personal information.
4. Liability
4.1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party rights.
4.2 Except as set out in this clause, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Website and our Services, whether arising in contract, negligence or otherwise. We do not warrant that the Website or Services will be uninterrupted, error-free or free from viruses or harmful code.
4.3 We exclude all representations and warranties, expressed or implied, including but not limited to those relating to fitness for a particular purpose. You acknowledge that the Website and Services are provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or Services for any purpose.
4.4 All limitations and exclusions set out in these Terms apply to the extent permitted by law, including your rights under the Australian Consumer Law.
4.5 Our products and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You may have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the product or service. For a minor failure, we may choose to provide you with a refund or re-supply the product or service.
4.6 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
4.7 The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
4.8 To the extent permitted by law, we will not be liable to you for indirect or consequential loss in relation to our Website or Services arising in contract, negligence or otherwise.
4.9 Our liability to you for loss or damage of any kind arising out of these Terms or in connection with your use of the Website or our Services is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise. You must mitigate your loss.
4.10 Although we intend to take reasonable steps to prevent the introduction of viruses, worms, or other harmful code, we do not guarantee or warrant that our Website or Services, or any material included in them, will be free of harmful code.
5. Intellectual property
5.1 The contents of the Website incorporate our intellectual property and you may not reproduce, recompile, decompile, disassemble, reverse engineer, create derivative works from, perform, modify, adapt, publish, store, use, transmit electronically or otherwise, distribute, or in any other way exploit, by any means in whole or in part the Website, or the Content on the Website for purposes other than your own personal, non-commercial use.
5.2 THE FRIENDSHIP PROJECT is our registered trade mark. Any third party trade marks included in the Website or Services are subject to the rights of the third party and remain the intellectual property of the third party.
5.3 If you provide any content to the Website, such as reviews, testimonials, forum posts, or other information, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content, and that the content is not misleading, defamatory or offensive, or otherwise contrary to law or an infringement of the rights of any third party. We reserve the right to remove or moderate user content at our discretion.
6. General
6.1 These Terms constitute the entire agreement between you and us regarding your use of the Website and Services and supersede prior discussions, representations or understandings to the extent permitted by law.
6.2 If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions continue in full force and effect.
6.3 These Terms will be governed by and construed in accordance with the laws in NSW. You agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.
6.4 We reserve the right to update these Terms at any time. If you continue to use the Website or our Services, you agree to comply with the updated Terms.