TERMS AND CONDITIONS

This agreement constitutes the terms and conditions for the viewing and use of this site and any communications with the staff of Talk-it-over.  Professional advice in relation to the particular circumstances of your case is available after you have read and agreed to the conditions set out in this agreement and after payment of the specified fees and charges.

 

1.  Services
The services provided by Talk-it-over are counselling and appropriate referrals for everyday problems.  The services are not intended and should not be used as a substitute for, nor to complement qualified medical, psychiatric or psychological treatment.  If you believe you are suffering from conditions such as severe depression, severe anxiety, or you are having thoughts of hurting yourself (ie suicidal thoughts), or you are in an abusive or violent relationship, a crisis care service, mental health professional or doctor is more appropriate for your needs and you need to return to the Home page for the link to Crisis Counselling and Other Services.

 

2.  Confidentiality
a)  Any personal or identifying information provided by, or obtained from you, will remain entirely confidential and will not be used for any purpose. Statistical and non-identifiable information , may be used and/or distributed to third parties to develop and enhance Talk-it-over’s services and applications.

b)  All information received during the course of counselling is confidentially held by Talk-it-over except in the case where the safety, health, life or limb of you or any other person is at risk; there is criminal activity; or disclosure is required or authorised by law. In these circumstances Talk-it-over may, at its sole discretion, waive confidentiality.

NOTE: At the present time total security with online communication is not absolute in any medium and therefore needs to be at the clients own risk. However, the chances of someone having the expertise or the interest to hack into conversations is rather rare. We do provide state of art SSL (secure socket layer) for standard ecommerce transactions. We will continue to upgrade any safety devices that the industry provides.

 

3.  Content of the site
The text, multimedia and graphics (“Content”) provided on the Talk-it-over website is general and for information purposes only and not intended to render professional (including psychiatric or psychological ) advice. Likewise, the links included on this site are for customer information and reference and there is no implied endorsement for these links which are subject to their own rules.  You should not rely upon the information contained on the Talk-it-over website for medical, legal or financial decisions.

 

4.  Copyright
Talk It Over owns all intellectual property rights (including without limitation the copyright) in all material, inclusive of text, marks, images, logos, designs and software on this site. No part of this site may be distributed, modified or reproduced, in whole or part, without the written permission of Talk It Over.

6.  Termination
Talk-it-over has complete discretion to terminate the access of any user to this site without giving any reasons. You agree that Talk-it-over is not liable for any costs, damages or losses arising from termination.

 

7.  Talk-it-over’s responsibilities

Talk-it-over undertakes to:

•  respond within 24 hours of receipt of your inquiry, providing the technology that supports our site or yours is operating effectively eg hardware, software, Internet Service Provider (ISP).
• Take all reasonable steps to protect your personal information against loss or unauthorised access, use, disclosure or other misuse. (See clause 2 "Confidentiality").

8.  Your responsibilities
You acknowledge and agree that:

• You have read and understood these Terms and Conditions.
• Your circumstances do not require urgent attention or crisis care (See clause 1 “Services“).
• You undertake to inform Talk-it-over, prior to any session, of any special, unusual or personal circumstance such as a job interview, examinations, important meeting, or any other circumstance which may be affected by the counselling session or sessions.
• You will use the counselling provided for yourself or any other person agreed by Talk-it-over to be the intended recipient of this service.
• Talk-it-over is not liable to pay the cost of services, repairs or maintenance to your computer hardware or software or your connection to your Internet Service Provider (ISP)
•  You will keep your client number confidential and not allow anyone other than yourself access to your client number or on-line counselling appointment without advising Talk-it-over and receiving written permission to do so either by electronic means or in writing.
• If you are under the age of 18, you will only be allowed access to this site after a written and signed permission from your parent or legal guardian is received and accepted by Talk-it-over.  Your parent or legal guardian guarantees that you will comply with your obligations as specified in this site.

9.  Fees
All fees on this site are in Australian dollars.

By using  your credit card on this web site you are acknowledging you have the capacity and authority to make the purchase. Talk-it-over reserves the right to refuse to accept your payment without giving any reasons to you.

Mastercard and Visa are accepted on line by Talk-it-over at this time. All payments must be made before the commencement of service unless otherwise agreed by Talk-it-over in writing.

Fees may vary without prior notice to Talk-it-over. However previously agreed fees will not be changed midstream without your prior knowledge and approval (eg. in the middle of a pre-paid set of sessions).

Credit towards a future session will be given by Talk-it-over for online counselling sessions when:

• the session did not take place due to any error that can be attributed to Talk-it-over
• the client gave Talk-it-over more than 24 hours cancellation notice.
• technical problems occurred during the online counselling session, reducing the flow and ease of understanding between the counsellor and client.

10. Non-liability
To the extent permitted by law, Talk-it-over and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Content of Talk-it-over whether or not caused by any negligent act or omission.

 

Talk-it-over is not responsible for delays or failure in performance resulting from acts beyond the control of Talk-it-over.  Such acts shall include but are not limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.  If any law prohibits the exclusion of such liability, Talk-it-over limits its liability to the extent permitted by law, to the resupply of the Content.

 

11. No guarantees or warranties
Online counselling is a relatively new way of providing counselling and as far as we are aware there has been no reliable research undertaken to determine how effective it is. With this in mind we cannot make any guarantees or warranties as to how successful this type of counselling will be for you. If you have any concerns you are encouraged to attend face-to-face counselling at our office or seek a service more appropriate to your needs.

Talk-it-over does not make any expressed or implied warranties, representations, or endorsements, including any warranties of title or non-infringement of third parties’ rights, or Implied warranties of merchantability or fitness for a particular purpose, with regard to any information or merchandise provided by or through Talk-it-over except as otherwise specified by Talk-it-over.  Talk-it-over does not warrant the accuracy, timeliness or usefulness of any information or merchandise provided by or through Talk-it-over.com.au

12.  User and data tracking
Talk-it-over  tracks traffic patterns throughout the site. This site will investigate how you work in this site by tracking how you move through various screens and will note the web site from which you came, if applicable. The site will track e-mails you send for quality management and store answers to various questions. Your information is fully secure and will not be revealed to any third party source on an individual basis, unless authorised by you or unless by court order or law..
Talk-it-over may use a feature of your browser called a "cookie" to assign a "User ID." Cookies, by themselves, cannot be used to find out your identity or the identities of any of our users, it only identifies your computer to our servers when you visit our site.

13.  Overseas access
This web site may be accessed throughout Australia and overseas. Talk-it-over makes no representation that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

 

Mediation
The parties to this Agreement agree that any claim, controversy, or dispute arising out of any viewing or use of asktheinternettherapist.com shall first be subject to mediation between the parties; in addition, such mediation will be conducted in accordance within the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree.

In the event the dispute is not resolved by mediation, the parties agree that any such unresolved dispute shall be subject to binding arbitration under the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree, and that they are waiving their right to a jury or court trial.

However, the arbitrator(s) of such dispute may not be individuals who previously served as the mediator of the dispute. Said mediations or arbitration's shall be conducted in Phoenix, Arizona, and Arbitration's shall require a panel of three arbitrators. Judgment upon the award entered by the arbitrators shall be binding upon the parties and may be entered by either party in a court of competent jurisdiction.

The costs of mediation shall be split equally by the parties. The costs of arbitration shall be subject to an order of the panel of arbitrators. The prevailing party shall be entitled to an order awarding it all reasonable costs and attorneys' fees incurred by reason of the dispute, including the costs of any expert witnesses or consultants.

 

14. Law and Jurisdiction
These Terms and Conditions will apply to this service regardless of where you usually reside or where you are residing at the time of the service.

To the extent legally permitted, these Terms and Conditions shall be governed and interpreted in accordance with Western Australian and Commonwealth of Australia Laws. By agreeing to these Terms and Conditions you agree to the exclusive jurisdiction of the courts in Western Australia or the Commonwealth of Australia.

If any clause or part of a clause of these Terms and Conditions are found to be unlawful, unenforceable, or void then only that clause or part-clause will be affected. All other clauses will remain valid.

The provisions of this Agreement shall be severable; in the event any portion of this agreement is deemed unenforceable, such unenforceability shall not affect the enforceability of the remaining portions of the Agreement.

 

 

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