Terms and Conditions

The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which therapy may be provided (collectively the "Platform"). This website is owned and operated by THERAPY IS BROWN located at 16-18 Umah Street, Cornubia, 4130, QLD.

The platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website www.therapyisbrown.com and its related apps and social media platforms. By accessing or using the Platform, you are entering into this agreement. You should read this agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this agreement, you must not access the Platform. When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company"). IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 6.

The Therapists and Therapist Services

The Platform may be used to connect you with a Therapist who will provide services to you through the Platform ("Therapist Services"). Our Therapists are located in many different regions. We require every Therapist providing Therapist Services on the Platform to have adequate training in the field of counseling for their jurisdiction which will be visible to the client. However, if a therapist is based in a jurisdiction where no licensing, or similar, is required and/or available, then the Platform ensures the balance requirements are met. Therapists must have a relevant academic qualification in their field, with reasonable experience, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements if applicable.

The Therapists are independent providers who are neither our employees nor agents nor representatives. The Platform's role is limited to clients with Therapist Services. The Therapists themselves are responsible for the performance of the Therapist Services and the following:

The proper provision on services to clients;
Take all reasonable steps to ensure that the client does not suffer physical, emotional, or psychological harm during counseling sessions or as an outcome of counseling sessions. ii. Counselors must not exploit their clients financially, sexually, emotionally, or in any other way.
Offer a non-judgmental professional service: free from discrimination and honoring the individuality of the client;
Establish a helping relationship, in order to maintain the integrity and empowerment of the client, without offering advice;
Be committed to ongoing personal and professional development.
Be responsible for your own updating and continued knowledge of theories, ethics, and practices: through journals, the association, and other relevant bodies.
Undertake regular supervision and debriefing to develop skills, monitor performance, and sustain professional accountability.
Ensure client understanding of the purpose, process, and boundaries of the counseling relationship.
Offer a promise of confidentiality and explain the limits of duty of care;
For the purpose of advocacy, receive written permission from the client before divulging any information or contacting other parties.
Endeavour to make suitable referral where competent service cannot be provided.
Not provide legal advice and guidance on matters of law, nor practice as legal counsel on behalf of or to a client, when practicing as a counselor.
Not act as an agent for a client.
Not initiate, develop, or pursue a relationship, be it sexual or nonsexual, with past or current clients, within 2 years of the last counseling session.
Be committed to their respective code of ethics.
To keep all client records safe and secure;
Clinical/therapeutic decisions in their work with clients;
Must take all reasonable steps to ensure that the client does not suffer physical, emotional, or psychological harm during counseling sessions or as an outcome of counseling sessions;
Must not exploit their clients financially, sexually, emotionally, or in any other way. Suggesting or engaging in sexual activity with a client is unethical.
Must provide privacy for counseling sessions. The sessions should not be overheard, recorded, or observed by anyone other than the Counsellor, without informed consent from the client. Normally any recording would be discussed as part of the contract. Care must be taken that sessions are not interrupted;
Must not normally act on behalf of their clients. If they do, it will only be with express written consent of their client, or else in exceptional circumstances;
Must not give advice;
Have a responsibility to establish with clients, at the outset of counseling, the existence of any other therapeutic or helping relationships in which the client is involved; and to consider whether counseling is appropriate. Counselors should gain the client's permission before conferring in any way with other professional workers;
Not engage in negligent, criminal, discreditable conduct or other improper conduct with respect to the client or otherwise.
Definition of Client: To avoid any doubt, "Client" refers to a party or parties engaged in a counseling service, encompassing counseling, supervising, teaching, research, and professional practice in counseling. Clients may include individuals, couples, families, groups, organizations, communities, facilitators, sponsors, or those commissioning or paying for professional activity.
Changing Therapists: If the Therapist Services provided by the Therapist do not meet your needs or expectations, you have the option to switch to a different Therapist available on the Platform. In the event that a connected Therapist ceases to use the Platform, we will notify you via email, providing an opportunity to match with a new Therapist.
Limitations of Therapist Services: While the Therapist Services aim to be beneficial, it is understood, agreed, and acknowledged that they may not be suitable for everyone's needs. These services may not be appropriate for every situation and are not a substitute for certain mental health needs that may require in-person therapy services, such as active withdrawal from substances or anorexia nervosa.
Emergency Situations: In cases of suicidal thoughts, harm to oneself or others, or any perceived danger, or in the event of a medical emergency, you must immediately call your local emergency services number and notify the relevant authorities. The Platform is not designed for use in emergencies, and Therapists cannot provide assistance in such cases.
Clinical Diagnosis and Official Documentation: The Platform is not intended for the provision of clinical diagnosis requiring an in-person evaluation. It should not be used for obtaining official documentation or approvals, including court-ordered therapy or emotional service dog certification. The Platform is also not intended for providing information on appropriate drugs or medical treatments.
In-Person Care: Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional based on information or advice received through the Platform.

Privacy and Security

Protecting and safeguarding any information you provide through the Platform is of utmost importance to us. Detailed information about our security and privacy practices can be found in our Privacy Policy, accessible at XXXXXXXXX.com/privacy (referred to as the 'Privacy Policy').

By agreeing to this Agreement and/or by using the Platform, you are also consenting to the terms outlined in the Privacy Policy. The Privacy Policy is incorporated into and deemed a part of this Agreement. The same rules that apply regarding changes and revisions of this Agreement also apply to changes and revisions of the Privacy Policy.

Third Party Content

The Platform 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. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

Disclaimer of Warranty and Limitation of Liability

To the maximum extent permitted by law, you hereby release us and agree to remove liability from any and all causes of action and claims of any nature resulting from the Therapist Services or the Platform. This includes (without limitation) any act, omission, opinion, response, advice, suggestion, information, and/or service of any Therapist and/or any other content or information accessible through the Platform. You understand that beyond connecting you with Therapist Services, the Platform does not have any control over your relationship with your Therapist and is not liable for any conduct of the Therapist. You understand, agree, and acknowledge that the Platform is provided "as is" without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose, or accuracy. The use of the Platform is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.

You understand, agree, and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of this Agreement.

BILLING

The client is obliged to pay for each booking in advance at the time the session is booked online. If there is a failure in payment for reasons independent through no fault of the client or platform, the client undertakes to pay outstanding fees within 7 days of the failure becoming apparent. Cancellation Policy: Any cancellations made within 24 hours will result in the client being charged in full without refund. Therapist Unavailability: If a payment is made, and the Therapist is unable to perform the obligation, such as attending the booking, then the client will receive a refund within 30 business days.

Your Account, Representations, Conduct and Commitments:

Consent and Contractual Capacity: You confirm that you are legally able to consent to receive Therapist Services, or you have the consent of a parent or guardian, and are legally able to enter into a contract.

Minor Consent: Where consent from a parent or guardian is required for Therapist Services, you confirm that, as the consenting parent or guardian, you have the sole right to consent for the minor seeking therapy. You give affirmative consent to the Privacy Policy for the minor and agree that consent to Therapist Services remains valid until membership is canceled.

Accuracy of Information: You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Platform, including the Therapist Services, are for your own personal use only and that you are not using the Platform or the Therapist Services for or behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

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 Platform and your relationship with the Therapists and us. If you receive any file from us or from a Therapist, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us 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: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Therapist Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.

Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we 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. The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

Notices

We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to contact@betterhelp.com. Notice to California Residents:

The Board of Behavioural Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical therapists). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

SEVERABILITY

If any provision of this agreement is or becomes invalid or unenforceable then, if the provision can be read down to make it valid or enforceable without materially changing its effect, it must be read down, and otherwise the offending provision must be severed and the remaining provisions will operate as if the provision had not been included.

Jurisdiction

This agreement is governed by the laws of Queensland, Australia and the parties will submit to the jurisdiction of the courts of this state.

Important Notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the US District Court for the Northern District of California, or the state courts located in Santa Clara County in California. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

We may freely transfer or assign this Agreement or any of its obligations hereunder. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

To clear any doubt, all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.