Terms & Conditions

​

Please take the time to read our terms and conditions. By processing a booking and or payment through our website you are agreeing to these terms and conditions.

​

​

Throughout this document, the terms “I”, “me”, and “my” and “we”, “us” and “our” refer to Balancewise.  The terms “you”, “your”, “client” and “user” refer to you.  This document constitutes a contract between Balancewise and you, the Client or User. You should read it carefully and raise any questions and concerns that you have before you accept it.

​

Balancewise offers this service, including all information, tools, website and therapy available to you conditional upon your acceptance of all terms, conditions, policies and notices stated here.

​

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by us.

​

These Terms and Conditions apply to all users of the service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access or use any services.  If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

​

• We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the service following the posting of any changes constitutes acceptance of those changes.

• We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

• We reserve the right to limit the quantities of any products or services that we offer.

• All descriptions of products, services or prices are subject to change at anytime without notice, at the sole discretion of us.

• We reserve the right to discontinue any product or service at any time.

 

Our Service

The service I provide may be based on goal(s) that you want to address specific to you personally and pertaining to the general conditions of your life. You will be asked what these are by myself at the start of your therapy. Your comfort, safety and progress is of paramount importance to me, please continue to discuss with me what you wish to gain from our work together during each session. I may ask for your feedback and views on how you feel your therapy is progressing, and hope you are able to respond openly and honestly. Progress will be monitored throughout the duration of your sessions. Working toward stated goals requires effort, openness and active involvement on your part.

​

Balancewise makes no claim that all clients will experience an improvement of their condition, feelings, thoughts or symptoms. Therefore Balancewise makes no claims of specific results.

Balancewise makes no guarantee of what you will experience or how you will feel during or after using this service. This service may involve remembering or talking about unpleasant events, feelings, or thoughts that may result in you feeling upset, uncomfortable, disappointed, angry, sad, worried, fearful, anxious, depressed etc. Balancewise invites open communication to support you through any of these difficulties.

​

Sessions

The “therapy hour” typical duration of a session is approximately 60-75 minutes and the initial session is 90-minutes.

​

Attendance to Sessions

Due to the demand for session times, no sessions will be booked until payment has been made.  It is your responsibility to ensure that you attend the sessions booked in a timely manner.

If you fall ill or have a valid reason for not attending sessions you MUST contact me and let me know so that a cancellation fee does not occur.  For all other situations, 24 hours prior notice to the time of the appointment is necessary to prevent a 50% cancellation fee being incurred.

​

Your session is scheduled at the mutual convenience of the therapist and the client. Wherever possible the day and time for the next session will be scheduled at the close of each therapy session.  Please arrive on time for all your appointments, if you do happen to be late, you will only receive the remaining time for that session.

​

Your therapist has the right to cancel an appointment.  Though this is rare, as much notice as possible will be given.  Your session will be re-booked at the next available appointment convenient to you.

​

We reserve the right to refuse service to anyone for any reason at any time.  If a client arrives under the influence of alcohol, drugs or becomes abusive or aggressive before or during the session, we reserve the right to cancel that session immediately and that session will still be charged for.

​

Notes may be taken during the session by the therapist, these are purely for the therapist’s benefit only to support the work in the session, and will remain the property and responsibility of the therapist throughout the sessions.  Notes may be made available via the Freedom of Information Act (1992) upon your request.

​

Confidentiality

All information disclosed within sessions and any written communications and records pertaining to those sessions are confidential and are not be revealed to anyone without your written permission, except where disclosure is required by law, if there is significant risk of harm to others or if there are concerns about the safety of a child or vulnerable adult.

​

There are some situations where the therapist is required to disclose information of appointment times without your authorisation. These include but are not limited to:

1. Court order for information about your psychotherapy if you are involved in litigation, having mandated counselling or any forensic matters

2. If a client files a complaint or lawsuit against a therapist.

3. Worker’s compensation claim details of appointments

4. If the client is a minor the parents have the right to information and the clinical record

 

Harm to Self or Others

If your personal safety, or there is the possibility of you injuring someone else, or if you are receiving proper psychiatric or medical care, the therapist must do whatever they can within the limits of the law, to prevent you from injuring yourself or others and to ensure that you receive the proper care. For this purpose, the therapist may need to contact the police, hospital or an emergency contact whose name you have provided at the commencement of the counselling.  This is, however, very rare and in any circumstances like this, your therapist will make every reasonable effort to discuss the situation with you first and limit the disclosure to what is necessary.

These include but are not limited to:

1. Suspected or known child abuse/neglect

2. Suspected or known elder abuse, neglect, exploitation or isolation

3. Risk of imminent serious harm to another

4. Risk of imminent serious harm to yourself

 

Litigation Limitation

Due to the nature of the therapeutic process and the fact that it often involves making a full disclosure with regard to many matters which may be of a confidential nature, it is agreed that should there be legal proceedings (such as but not limited to divorce and custody disputes, injuries, lawsuits, etc.), neither you nor your legal representative, nor anyone else acting on your behalf will call on myself to testify in court or at any other proceeding, nor will a disclosure of the counselling records be requested.

 

Modifications to Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

​

Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all payments and purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

​

Optional Tools and Resources

We may provide you with access to third-party tools and resources over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools and resources “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.   Any use by you of optional tools offered through our service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms and Conditions.

​

Third-Party Links

Certain content, products and services available via our service may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

​

User Comments, Feedback and other submissions on our Website

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

 

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

​

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

​

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

​

Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

​

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

​

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

a)   for any unlawful purpose;

b)   to solicit others to perform or participate in any unlawful acts;

c)   to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

d)  to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

e)  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

f)   to submit false or misleading information;

g)  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

h) to collect or track the personal information of others;

i)  to spam, phish, pharm, pretext, spider, crawl, or scrape;

j)  for any obscene or immoral purpose;

k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

​

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

​

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

​

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

​

In no case shall Balancewise, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

​

Indemnification

You agree to indemnify, defend and hold harmless Balancewise and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.  In relation to medications, we do not provide any advice or support related to prescriptions that are or have been provided by your G.P or psychiatrist or any over the counter/online supplementations, furthermore, any maintenance and changes to your medications that you undertake without medical advice is solely your responsibility and you agree to indemnify Balancewise

​

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

​

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

​

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice.

​

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

​

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

​

Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.