Lifeways Consulting

Booking Terms and Conditions

 

Thank You for choosing Lifeways Consulting! These Terms and Conditions govern the relationship between the Parties. By clicking “accept” You agree to these Terms and Conditions.

These Terms and Conditions (Terms) are read in conjunction with the information on the Booking Page (Booking Page). 

Parties

You are the Client, and Your details are set out on the Booking Page of the Website.

AND -

Lifeways Consulting Pty Ltd (acn: 625 846 602) t/a Lifeways Consulting of 43 Fletcher Street, Essendon VIC 3040 (Lifeways Consulting).

Lifeways Consulting specialises in counselling tailored to client needs and requirements (Services). 

1. Bookings 
   1. Lifeways Consulting requires bookings for counselling appointments to be made via Easy Practice (Booking System) or via telephone to reception at 0455 885 916.
   2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
   3. The full appointment fee is required to be paid at the time of your appointment and can be paid via debit card or credit card through Square or other payment platforms available from time to time (Payment Gateway Provider).
   4. Once your booking for a counselling appointment has been confirmed by Lifeways Consulting you will be provided with a booking confirmation e-mail and will receive a text reminder to your nominated phone number the day prior to your Service.
2. Cancellations and Re-scheduling of Appointments
   1. Lifeways Consulting understands that circumstances change. Should you wish to cancel or reschedule your appointment, please kindly write to admin@lifewaysconsulting.com.au or SMS to 0419 235 825 outlining your name and the appointment date/time you are rescheduling prior to 24 hours before your scheduled appointment to allow your time slot to be given to another individual.
   2. Short-notice cancellations of less than 24 hours, and any failure to attend an appointment will result in you being charged a cancellation fee of $50. 
   3. If you have booked a video appointment, but you do not login at the time of your consultation, Lifeways Consulting will make two attempts to contact you by phone or text message in the first 15 minutes of your appointment. If Lifeways Consulting are unable to reach you in this time, Lifeways Consulting will consider this a failure to attend and charge you for the appointment.
   4. If Lifeways Consulting is no longer able to provide you with the Services, it will inform you as soon as possible and the parties agree to re-schedule the appointment in writing. You will not be charged a cancellation fee. 
3. Warranty 
   1. Lifeways Consulting will use its best efforts and take all reasonable steps to support You to work towards achieving your desired results. However, Lifeways Consulting makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
   2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with Lifeways Consulting, and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
4. Disclaimer
   1. You are solely responsible for creating and implementing Your own medical, physical, career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and Your sessions and interactions with Lifeways Consulting. As such, You agree that Lifeways Consulting is not and will not be liable or responsible for any actions or inaction, including effects on Your body, mind, business, personal life or career, or for any direct or indirect result of any Services provided by Lifeways Consulting.
   2. You understand that the Services are not a substitute for medical or mental health attention, examination, diagnosis and treatment. It is Your exclusive responsibility to seek such independent medical guidance as needed. Lifeways Consulting does not guarantee specific results or experiences through the use of the Services. 
   3. You understand that in order to enhance the relationship and sessions with Lifeways Consulting, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
5. Liability

Lifeways Consulting’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

1.  Disclosure and Use of Confidential Information
   1. All obligations of confidence set out in these terms continue in full force and effect after the Services have been provided.
   2. The Parties must not disclose any Confidential Information to any third Party without the prior consent of the other Party.
   3. Each Party must keep confidential the terms of these terms. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party.
   4. These Terms prohibit the disclosure of Confidential Information by wither Party with exception to the following circumstances:
      1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these terms and the related Party has consented to the disclosure of such information to the professional adviser;
      2. the disclosure is required by applicable law or regulation; or
      3. if the confidential information is already in the public domain at no fault of either Party.
2. Copyright and Intellectual Property Rights
   1. Intellectual Property Rights
3. You agree that any works, items, materials or information of whatever nature produced or developed by Lifeways Consulting or under Lifeways Consulting’ direction pursuant to or in the course of providing the Services will remain the sole and complete property of Lifeways Consulting, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
4. If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 7.1(a) have been produced by Lifeways Consulting as part of the Services, Lifeways Consulting grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
5. There is no assignment of Intellectual Property Rights by Lifeways Consulting to You pursuant to these Terms.
6. Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
   1. Indemnification

You hereby indemnify and agree to keep indemnified Lifeways Consulting against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

1. Crisis Support
   1. Lifeways Consulting does not offer a crisis service. We cannot guarantee that we will be available to respond to text messages, voicemail, or emails quickly. This might be because we are with other clients, attending to other work or personal matters, or not at work. Our telephones are placed on ‘Do Not Disturb’ mode when we finish work for the day and during any times we are not working, such as weekends or public holidays. Please know that we do care about you and want you to be okay - so if you do message us about an emergency or crisis, we will get back to you eventually, but this is unlikely to be quick enough to make sure you are safe, or to meet your need for support.
   2. What to do in an emergency. If you are having strong thoughts or urges of suicide, self-harm, or hurting someone else; or, you have self-harmed, attempted suicide, or hurt someone else; or, you are distressed and having trouble getting back to calm and regulated, we advise you to contact one or more of the following crisis services until you are safe:
2. Police or ambulance: 000
3. Your General Practitioner (GP).
4. Lifeline: 13 11 14
5. Suicide call-back service: 1300 659 467
6. State-based crisis numbers:

NSW – 1800 011 511 – Mental Health Line

Vic. – 1300 651 251 – Suicide Help Line

Qld – 13 43 25 84 – 13 HEALTH

SA – 13 14 65 - Mental Health Assessment and Crisis Intervention Service

WA – Mental Health Emergency Response Line: 1800 676 822 (PEEL) or 1300 555 788 (Metro)

Tas. – 1800 332 388 – Mental Health Services Helpline

NT – 1800 682 288 – Mental Health Line. The Mental Health Line is a free and confidential 24-hour hotline for mental health inquiries from anyone experiencing a mental health crisis or concerned about someone's wellbeing.

ACT – 1800 629 354 or 02 6205 1065  – Access Mental Health. 

If You have contacted any of the above crisis support services, please let Lifeways Consulting know during Your next appointment, or by email prior to the appointment.

1. Termination clause 

Either party may terminate this Agreement for any reason whatsoever, upon providing 7 days written notice (including by email) to the other party.

1. Feedback and Dispute Resolution
   1. If You would like to provide feedback to Lifeways Consulting or make a complaint in relation to the Services, please speak to Lifeways Consulting directly by calling 0419 235 825 or provide details via email to admin@lifewaysconsulting.com.au.
   2. If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.
2. Force Majeure
3. If circumstances beyond Lifeways Consulting’ control prevent or hinder its provision of the Services, Lifeways Consulting is free from any obligation to provide the Services while those circumstances continue. Lifeways Consulting may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.
4. Circumstances beyond Lifeways Consulting’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
5. For the sake of clarity, if in Lifeways Consulting’ reasonable opinion, the provision of the Services will be affected by a pandemic, Lifeways Consulting may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Lifeways Consulting will not be liable for any losses or damage due to a pandemic. 
6. No partnership or agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

1. Governing Law & Jurisdiction

This Agreement is governed by the laws of Victoria. In the event of any dispute arising out of or in relation to the Services, Lifeways Consulting agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria.

1. Severance

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

1. Entire Agreement and Modifications

Both You and Lifeways Consulting confirm and acknowledge that this Agreement and the Booking Page Confirmation constitute the entire agreement between You and Lifeways Consulting and shall supersede and override all previous communications, either oral or written, between the parties.

Lifeways Consulting

Privacy Policy

1. We respect your privacy
   1. Lifeways Consulting respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
   2. "Personal information" is the information we hold which is identifiable as being about you.
2. Collection of personal information
   1. Lifeways Consulting will, from time to time, receive and store the personal information you enter onto our website, provided to us directly or given to us in other forms, including through client forms and during appointments.
   2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and provide the services. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your health, personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
   3. Additionally, we may also collect any other information you provide while interacting with us including your health background, health records and other health data.
3. How we collect your personal information
   1. Lifeways Consulting collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information
   1. Lifeways Consulting may use your personal information collected to provide you with medical services and treatment. 
   2. Lifeways Consulting may additionally use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
   3. Lifeways Consulting may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
   1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services, including to other medical professionals that are looking after your care.
   2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, or warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
   3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Lifeways Consulting, www.lifewaysconsulting.com.au, its customers or third parties.
   4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
   5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
   6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. When we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
   1. Lifeways Consulting is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
   2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information
   1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at admin@lifewaysconsulting.com.au.
   2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
   1. If you have any complaints about our privacy practices, please feel free to send details of your complaints to Lifeways Consulting by e-mail to admin@lifewaysconsulting.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Changes to Privacy Policy
   1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10. Website
    1. When you visit our website

• When you come to our website, www.lifewaysconsulting.com.au, we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

1. Cookies

• We may from time to time use cookies on our website. Cookies are very small files that a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third-party services such as Google AdWords. These ads may appear on this website or other websites you visit.

1. Third-party sites

• Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Lifeways Consulting is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.