Website Terms of Use
Welcome to the website of Jelly Health Pty Ltd (ABN) (“we”, “us” or “Jelly Health”). This website is located on the web via www.jellyhealth.com.au and includes all of the files located in that domain (“this Site”). Jelly Health provides online psychology services via our online platform provided by this Site.
You understand our services may not be appropriate if :
• You are in crisis or experiencing suicidal or homicidal thoughts.
• Your personal safety is at risk.
• You require medical treatment.
• You do not have access to a stable network connection, device and space to facilitate telehealth appointments.
• Your psychologist determines that telehealth is not a suitable way to provide therapy for your particular circumstances.
• You do not currently reside in Australia.
If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this service or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the service and instead contact 000 immediately or seek alternative and appropriate medical services.
Agreement To These Website Terms Of Use
These terms of use govern your use of this Site (“Website Terms of Use”) and constitute a binding agreement between you and us. By accessing this Site, you agree to be bound by these Website Terms of Use. Every time you access assessment and treatment services provided by Jelly Health (through this Site, over the telephone or via postal mail), you are subject to these Website Terms of Us.
If you do not agree to these Website Terms of Use we may not be able to offer you an assessment or treatment services through this Site and you must not access or use this Site.
The legal relationship between the Jelly Health and its clients in relation to the supply of specific services provided by us may also be subject to a NDIS agreement between Jelly Health and the participant.
Privacy Policy
As part of these Website Terms of Use, your use of this Site is also subject to our Privacy Policy (https://jellyhealth.com.au/privacy-policy/), which is incorporated by reference into these Website Terms of Use.
Therapists
This Site may be used to access psychological counselling services by accredited therapists The therapists provided by the Site are independent providers who are neither our employees, agents nor representatives. Jelly Health’s role is merely to enable the psychological counselling services. The therapists are responsible for the performance of their psychological counselling services. If you feel that the psychological counselling services provided by the therapist does not fit your needs or expectations, you may change to a different therapist who provides services through the Site.
Whilst we hope the psychological counselling services provided are useful and beneficial to you, you understand and acknowledge that they may not be the appropriate solution for every persons needs or situation or a substitute for certain mental health needs that may require in person therapy services.
Use Of This Site
You hereby confirm that you are legally able to consent to receive psychological counselling services or have the consent of a guardian and are legally able to enter into a contract.
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 on the Site. By providing us with your means of payment you authorise us to bill and charge you through that means of payment and you agree to maintain a valid means of payment information in your account information.
User Information
In order to register an account with this Site, you must agree to these Website Terms of Use, and provide us with a username and contact information including valid email address and phone number. You must promptly update this information to maintain its accuracy at all times.
You Represent And Warrant To Us That All Information Provided By You, Including The Information Through Our Account Registration Module, Is True And Not Misleading And Does Not Violate Any Applicable Law Or Regulation Or Any Person’s Intellectual Property Or Other Rights.
Multiple Accounts And Automated Account Opening
One Person May Not Maintain More Than One Account With This Site. Accounts Registered By “Bots” Or Other Automated Methods Are Not Permitted.
Registration
We reserve the right to make any parts of this site accessible only to users who have registered.
Upon Registration With This Site, You Will Enter A Username And Password To Access Your Account. You Are Responsible For Maintaining The Security Of Your Password For This Site.
We Will Not Be Liable For Any Loss Or Damage Arising From Or In Connection With Your Failure To Comply With This Security Obligation. You Agree That We Will Be Entitled To Assume That Any Person Using This Site With Your Username And Password Is You Or Your Authorised Representative.
You Must Notify Us Immediately Of Any Known Or Suspected Unauthorised Use Of Any Password Or Any Other Breach Of Security.
You accept that you are responsible for maintaining the confidentiality of any information that you download onto your mobile device or computer. It is also your responsibility to delete or keep safe messages, emails and any transcripts of online conversations that you download or print out.
Approval Of Registrations
We reserve the right to accept or reject any application for registration of an account with this site at our discretion. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s identity.
Access To Site
Notwithstanding anything else, we reserve the right at our absolute discretion refuse access to the site at any time.
Third Party Payments
We use a third-party payment gateways Tyro Health and Stripe to facilitate secure online payment transactions for our service fees unless you pay by direct debit. Payments made through these payment gateways are subject to their respective terms and conditions and privacy policy [ l https://www.tyro.com/privacy-policy/] [https://stripe.com/au/privacy]. We do not see or have access to any personal information that you provide to Tyro Health or Stripe, other than information that is required in order to process your order for our services (e.g., your name, email address and billing/postal address). You receive a confirmation and receipt of your transaction, and records of your transactions can be found on the client dashboard.
While our third party payment gateway and website hosting providers employ secure technology for transactions with our users, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a user whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.
Intellectual Property
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
1. this Site;
2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
3. all software, systems and other information owned or used by Jelly Health in connection with this Site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of Jelly Health or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these terms or with the prior written consent of Jelly Health or other copyright owner (as applicable).
You may download and print out content from this Site only for your own personal and non-commercial use or reference purposes and provided that you do not remove or modify any copyright, trademark or other proprietary notices. You explicitly agree not to forward or copy email messages or other electronic communication form Jelly Health therapist to other persons except in circumstances where this has been agreed in advance by your Jelly Health therapist and is done with their written consent. You may not copy and paste bits of text or use the Jelly Health therapist advice out of context or pass on that advice to a third party without their consent. .
Links provided to other internet sites are provided for the user’s convenience and do not constitute endorsement of the information at those sites, or any associated person, organisation, product or services.
Trademarks
The Company has various registered and unregistered trademarks including Jelly Health The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks (registered or unregistered) and/or trade dress of Jelly Health. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.
Restrictions On Use
Prohibited conduct.
It is prohibited to;
copy, duplicate distribute, transmit, reproduce, publish, license, transfer or sell or store the information on this Site or to create works that are derived from the above other than for your own personal and non-commercial use, without our prior written authorisation.
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site.
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
falsely imply that any other website is associated with this Site;
do anything that leads, or may lead, to a decrease in the value of our Proprietary Rights in this Site;
You must not use this Site or its content in any manner for any purpose which is illegal or prohibited by any applicable local, state, national or international law.
Violations Of These Website Terms Of Use
Without limiting any other remedies available to Jelly Health at law or in equity, we reserve the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
you breach any provision of these Website Terms of Use;
we are unable to verify or authenticate any information that you provide to us; or
We believe that your actions may cause damage and/or legal liability to us, any of its clients or suppliers or any other person.
Indemnity
You indemnify and hold harmless Jelly Health and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
your use of, or connection to, this Site; or
your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Disclaimer Of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JELLY HEALTH AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORs, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Site is provided strictly on an “as is” basis. The content is believed to be accurate, complete current and reliable at the date the information was placed on site however to the maximum extent permitted by law, Jelly Health and its officers, employees, agents, contractors, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
1. the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
2. this Site will meet your requirements or expectations;
3. due to the possibility of human error or advances in medical knowledge that anything on this Site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up to date;
4. the quality of any information or services purchased or obtained through this Site will meet any particular requirements or expectations; You are strongly encouraged to consult other sources in order to confirm the information contained in any of these pages. You are also encouraged to seek a second opinion from a general practitioner or qualified mental health professional. The information on this site is not intended to be a substitute for independent professional medical and psychological, advice, assessment and treatment.
5. errors or defects will be corrected; or
6. this Site or the servers that make it available are free of viruses or other harmful components.
You may withdraw from further participation in this Site or the services at any time subject to the Cancellation Policy below. You agree that Jelly Health is not liable for incorrect results provided by any assessments or treatment recommendations, or for loss or damage suffered by you due to your use of Jelly Health assessment or receipt of treatment recommendations by the therapists.
Cancellation Policy
(a) Cancellations less than 24 hours before the time of your appointment incur a 100% cancellation fee.
(b) Failure to attend an appointment without providing 24 hours prior notice incurs a 100% cancellation fee.
The cancellation fee is 100% of the scheduled Services.
If Jelly Health cancels services due to operational reasons, the services will be rescheduled at no penalty to either party.
Limitation Of Liability
Exclusion of liability
To the maximum extent permitted by law, Jelly Health and its officers, employees, agents, contractors, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site, or the psychological counselling services by you or any other person.
Remedies limited.
To The Maximum Extent Permitted By Law, Jelly Health And Its Officers, Employees, Agents, Contractors, Licensors, Partners And Affiliates Expressly Limit Their Liability For Breach Of Any Non-Excludable Condition Or Warranty/Guarantee Implied By Virtue Of Any Legislation To The Following Remedies (The Choice Of Which Is To Be At The Company’s Sole Discretion):
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
Severability
The Provisions Of These Website Terms Of Use Are Severable And, If Any Provision Of These Website Terms Of Use Is Held To Be Illegal, Invalid Or Unenforceable Under Present Or Future Law, Such Provision May Be Removed, And The Remaining Provisions Shall Be Enforced.
Variation
Jelly Health Reserve The Right To Amend These Website Terms Of Use And Any Other Policy On This Site At Any Time In Our Sole Discretion And Any Such Changes Will, Unless Otherwise Noted, Be Effective Immediately. Your Continued Usage Of This Site Will Mean You Accept Those Amendments. We Reserve The Right, Without Notice And At Our Sole Discretion, To Change, Suspend, Discontinue Or Impose Limits On Any Aspect Or Content Of This Site.
Force majeure
To The Maximum Extent Permitted By Law, And Without Limiting Any Other Provision Of These Website Terms Of Use, We Exclude Liability For Any Delay In Performing Any Of Our Obligations Under These Website Terms Of Use Where Such Delay Is Caused By Circumstances Beyond Our Reasonable Control, And We Shall Be Entitled To A Reasonable Extension Of Time For The Performance Of Such Obligations.
Governing law and jurisdiction
These Website Terms Of Use Will Be Governed In All Respects By The Laws Of Victoria. The Parties Irrevocably Submit To The Non-Exclusive Jurisdiction Of The Courts Of Victoria, Australia And The Courts Of Appeal From Them.