Terms of Service

The following terms have these meanings in this Terms of Service:

ABN.

Australian Business Number.

Booking.

The scheduled time for a Session.

Business Day.

A day other than a Saturday, Sunday or public holiday when banks are open for general business in Melbourne, Victoria.

Client.

An individual that uses the Platform.

Company.

MeHelp Pty Ltd ABN 26 639 058 325.

Confidential Information.

Information that is either marked or described in writing as confidential, informed to a party as confidential, or that a reasonable person would consider confidential.

Platform.

The "MeHelp" digital platform (including third-party services) that facilitates Session bookings between Clients and Practitioners.

Practitioner.

A psychologist that can be booked through the Platform.

Session.

The therapy and counselling session provided by a Practitioner.

Session Fee.

The fee payable by the Client for a Session.

Additional defined terms appear throughout this document and in the Privacy Policy. References to legislation include the Privacy Act 1988 (Cth), A New Tax System (Goods and Services Tax) Act 1999 (Cth), the Corporations Act 2001 (Cth), and the Competition and Consumer Act 2010 (Cth).

2.1 General

By using the Platform, the Client agrees that all use is subject to these Terms of Service. If the Client is unable to agree to these terms, the Client must cease using the Platform. The Company may suspend or terminate an account for breach of these terms.

2.2 Relationship

The Client acknowledges that:

1. The contract for the performance of Practitioner Services is directly between the Client and the Practitioner.
2. The Practitioner is not employed by the Company.
3. The Company is not responsible for the treatment provided in a Session.
4. The Company acts as the Practitioner's agent for the purposes of storing health records, billing, and processing claims.
5. The Company makes no representation or guarantee that the Client will be satisfied with any Practitioner or Session.

2.3 Disclaimer

The Company itself does not provide personalised mental health or wellbeing services. The Platform connects Clients with Practitioners who provide those services.

2.4 Client information

The Client must provide accurate, current and complete information when using the Platform. The Client authorises the Company to store that information and to use it as set out in the Privacy Policy.

2.5 Features

The Company provides the features of the Platform as agreed from time to time. Features may be added, changed or removed.

2.6 Making bookings, rescheduling and cancellations

Clients may make Bookings via the Platform, subject to availability. Written confirmation of Session details will be provided. The Client is exclusively responsible for attending the Session. Cancellations and rescheduling are the Client's responsibility.

Cancellation policy. Where a Client cancels or reschedules a Session with less than 24 hours' notice, or does not present for a Session (or is more than 15 minutes late), the Session Fee is chargeable.

2.7 Reviews

If the Client posts reviews about a Practitioner or the Platform, the Client must act in good faith and be honest, fair, and accurate. The Company may remove reviews it considers untrue, unfair, inaccurate, offensive, or otherwise inappropriate.

2.8 Complaints

Complaints can be sent to complaints@mehelp.com.au. The Company will investigate, review, and respond to complaints as soon as practicable.

2.9 Support

For support, contact info@mehelp.com.au. The Company endeavours to respond within three (3) Business Days.

3.1 Session Fee

Session Fees are disclosed at or before the time of Booking. Full payment is required via the Platform. Promotions may affect the fees payable. The Company may require the Client to pay a surcharge for credit card payments.

3.2 Variations

The Company reserves the right to vary Session Fees from time to time with written notice. If the Client does not agree to a variation, the Client may stop using the Platform.

3.3 Currency

All fees on the Platform are in Australian dollars.

3.4 GST

GST is generally not applicable to Session Fees. Unless expressed otherwise, all fees shall be deemed inclusive of GST.

3.5 Refunds

No refunds are provided except where required under law, at the Company's absolute discretion, or otherwise in accordance with these Terms of Service.

4.1 Licence

The Company grants the Client a limited, non-exclusive and revocable licence to access and use the Platform in accordance with these terms. The Company may revoke or suspend this licence in its absolute discretion.

4.2 Modification of terms

The Company may update these Terms of Service from time to time. The Company will provide written notice of changes. Continued use of the Platform after notice constitutes acceptance of the updated terms.

4.3 Third-party dependencies

The Platform relies on third-party services. The Company shall not be liable for any interruptions, failures or losses caused by third-party dependencies that are outside the Company's reasonable control.

4.4 Use and availability

The Client must use the Platform only for lawful purposes. The Client is solely responsible for the security of their username and password. The Company provides access to the best of its abilities but accepts no responsibility for ongoing access.

4.5 Privacy

By using the Platform, the Client agrees to the Privacy Policy. The Company maintains compliance with the Privacy Act 1988 (Cth). The Platform uses cookies; the Client may manage how cookies are handled in their own browser settings.

4.6 Intellectual property

The Company retains all rights in its trademarks and Platform content. All content submitted to the Company in connection with the Platform becomes and remains the intellectual property of the Company, except as agreed in writing.

4.7 Confidentiality

The Company will keep Client content in the strictest confidence. Client content is deemed Confidential Information. Each party must not disclose Confidential Information except as permitted by these terms or by law. The parties may seek injunctive relief for breaches of confidentiality.

4.8 Liability and indemnity

The Client agrees that they use the Platform at their own risk. The Client agrees to indemnify the Company for any loss, damage, cost or expense arising out of the Client's use of the Platform or breach of these terms.

In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages. In all circumstances the liability of the Company to the Client is capped at one hundred Australian dollars (AUD $100).

Nothing in these terms excludes, restricts or modifies any consumer rights or guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) or other applicable law.

4.9 Termination

Either party may terminate access to the Platform with written notice. Termination is without prejudice to, and does not affect, any accrued rights of either party.

4.10 Dispute resolution

If a dispute arises, the party raising the dispute must give written notice to the other within ten (10) Business Days of becoming aware of it. Representatives of the parties must meet within ten (10) Business Days of the notice to attempt to resolve the dispute in good faith. Court proceedings (other than for urgent injunctive relief) may only be commenced after the dispute resolution process has been complied with. The parties continue to perform their obligations under these terms despite the existence of a dispute.

4.11 Electronic communication and notices

Electronic acceptance of these terms is binding. Notices to the Company can be sent to info@mehelp.com.au. Notices from the Company are sent to the contact details the Client has provided. It is the Client's responsibility to keep their contact details up to date.

4.12 General

1. Assignment. The Client cannot assign these terms without the Company's prior written consent. The Company may assign these terms with written notice to the Client.
2. Relationship. These terms do not create a partnership or joint venture between the Client and the Company.
3. Waiver. A waiver of any term must be in writing to be effective.
4. Governing law. These Terms of Service are governed by the laws of Victoria, Australia. Each of the parties submits to the exclusive jurisdiction of the courts with jurisdiction there.
5. Severability. If a clause is invalid or unenforceable, it is severed and the remaining terms continue in force.

If you have questions about these Terms of Service, please contact us: