TERMS & CONDITIONS

1. TERMS AND CONDITIONS OF USE/SERVICE:

The following provisions (‘Terms and Conditions’ or ‘Terms’) govern your use of www.mindhubdirectory.com (the “Website”) and all other services made available to you through the Website, and by using and/or continuing to use the Website, you agree to be bound by these Terms as revised or updated from time to time, which constitute a contract between you and Seek Help Pages  Pty Ltd trading as Mind Hub Directory (ACN 636 587 1554) of Suite 90/3 Albert Coates Lane Melbourne (“we” or “us”). If you do not agree to these Terms, do not use the Website.

We reserve the right to revise and update these Terms and Conditions at any time, so you should review them from time to time. Do not use the Website in circumstances of medical emergencies or for emergency services.  In case of emergency call 000 or your local emergency assistance number.

We reserve the right to discontinue operating the Website at any time without notice.

Your use of the Website is at your risk alone. You are responsible for making all enquiries and taking all precautions you consider necessary or advisable to protect you against any claim, damage or loss of any kind that could arise through your use of the Website. Neither we nor anyone else involved in creating, producing or making available the Website, or any of our materials contained in the Website or otherwise, assumes any liability or responsibility for, or is liable in respect of, the accuracy, completeness or usefulness of any information provided nor, to the extent permitted by law, shall any of the aforementioned be liable for any direct, indirect, incidental, special, consequential, punitive or other damages arising out of or connected with your use of the Website or your inability to use it.

You agree not to:

1. use any means of searching or mining data from the Website or to in any way interfere or attempt to interfere with the usual operation of the Website; or
2. take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers with the Website, our systems, infrastructure or data or those of any third party via the Website.

2. GENERAL:

Any and all information and content (‘content’) you post or submit on the Website, of whatever nature, are either your own works or works which you are authorised by the owner to use. 

You warrant that any and all content that provide for the purpose of posting to or using the Website:

1. does not infringe any kind of intellectual property right or rights of any person; 
2. is not misleading or deceptive nor likely to mislead or deceive; 
3. does not violate any privacy laws or regulations or any confidentiality obligations, including those between therapist/practitioner and client; and
4. complies with all relevant laws, including but not limited to, the Health Practitioner Regulation National Law, the Therapeutic Goods Act 1989 (Cth) or the Therapeutic Goods Advertising Code (No. 2) 2018.

You warrant that any and all content posted or submitted by you on the Website or any part of it, is true, complete and correct.

3. INTELLECTUAL PROPERTY:

• The entire contents and design of the Website, including all intellectual property of any kind, text, images, audio and video files, or third parties who have authorised our use of it, and is protected by copyright laws. The Website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Website or any other material we provide without our express prior written consent or that of the relevant copyright owner. 
• You acknowledge and agree that any breach by you of this paragraph may cause loss or harm to us for which damages will not be an adequate remedy, and that if you breach or indicate any intention to breach this paragraph, we may seek injunctive relief against you, including on an urgent or ex-parte basis.

4. COPYRIGHT AND TRADE MARKS:

• The content and design of our website are safeguarded by copyright laws. You can utilise it solely for personal, non-commercial purposes. Reproduction, modification, copying, distribution, transmission, communication, display, publishing, or any use of our material requires our explicit prior written consent or that of the relevant copyright owner. 

• You recognise that any violation of this provision may result in damage to us, which cannot be adequately remedied by monetary compensation. In case of a breach or a threat to breach this provision, we retain the right to seek injunctive relief against you. 

• Your content, as advertised on our website, remains your property, not ours. We make no claim to your work, and you have granted us permission to feature your work on our Mind Hub Directory platform.

5. REVIEW OF CONTENT AND SUBMISSIONS:

• Content or files (“files”) that you upload, messages you send, and any dialogue or discussions on the Website may undergo review, modification, and/or deletion by the responsible manager without prior notice to you. Files posted on a bulletin board system may be subject to usage, reproduction, and dissemination limitations, and you must adhere to such restrictions. It’s important to note that we have no control over potential third-party use of any personally identifiable information you disclose on the Website.
• We reserve the right, at our absolute and sole discretion, to deny you access to the entire Website or specific parts, as well as to suspend or cancel your account without notice if we:
• Determine that your conduct violates any law or any part of these Terms and Conditions, or is otherwise deemed unacceptable or inappropriate.
• We shall not be held liable for any loss of profit or business opportunity resulting from the suspension or cancellation of your account.
• You are prohibited from posting or submitting any information that:
• Contains any virus or malicious code that may harm the Website or its users’ files, data, or programs.
•  Is unlawful, libelous, defamatory, fraudulent, offensive, obscene, sexually explicit, false, or contrary to the intellectual property rights of any person.

6. DISCLAIMER:

The Website is provided:

• on the basis that it is ‘as is, with all faults and as available’; and 

to the extent permitted by law, without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of fitness for a particular purpose, warranties of title or non-infringement, warranties arising from course of dealing or custom of trade, or merchantability. 

• Although we strive to provide useful and accurate information, and the editors of the material on the Website consult creditable and apparently reliable sources, so as to provide content that they believe is correct, there is the possibility of error or omissions and neither we nor any other part (whether associated or not) make no representation or warranty that:

• any of the content of the Website is accurate, complete, reliable or timely in every respect, or appropriate for any particular purpose; or

your use of and access to the Website will be:

uninterrupted, secure or free of error or omission; or

free of viruses or malicious or unauthorised code or other harmful components or material,

• and they assume no responsibility for any such potential or actual errors or omission or any results obtained from your use of the Website or material on it. 
• Individuals reading material on the Website or any of our other material are encouraged to review the information carefully with their healthcare provider and/or make enquiries with appropriate sources. The information is not intended to be a substitute for professional advice in any way or in connection with any issue whatsoever. 
• None of the content offered through the Website or any of our material is intended as a form of diagnosis or treatment.  Always seek the advice from your qualified health or allied health care providers and consult with them regularly or as needed.  We recommend that you check the qualifications, certification etc of any health professional or care provide with the relevant regulatory or licensing body or authority, and satisfy yourself as to such credentials, competence, solvency and/or insurance status.
• We do not assess or warrant the qualifications, certifications and/or licensing, competence or solvency or any other credential of any professional or treatment provider or facility included in our list of directories, on whom we rely to provide accurate information, and we assume no responsibility or liability for verifying any information provided. Use of our directories for any purpose is wholly voluntary.  To the extent permitted by law, neither we nor any of our agents will be liable for any kind or category of damages to any user of our Website or directories for losses arising out of your choice of, or services provided by, any health care professional or facility, or for any other loss or damage which may occur as a result of such choice.  
• The Website may contain links to websites operated by third parties (‘linked websites’).  Linked websites are not under our control and we are not responsible for the contents of any of them, for any link contained in a linked site or for any changes or updates to linked websites. The appearance of any product, service or links on the Website and/or in any of our material does not imply support, approval, endorsement or similar by us and we disclaim any and all liability in regard thereto.

7. OPENING AN ACCOUNT WITH US:

• In order to submit information to the Website, you must register and obtain an account.  To register and to learn more about registration, please go to “[mindhubdirectory.com]”.  Once you have registered, one of our representatives will contact you to confirm your registration and details, and to arrange payment, prior to your account being activated.
• In order for registration to proceed, or to avoid suspension or termination of your account, we may require you to provide verification of your identity, qualifications, and details of your authorisation to register and/or act on behalf of the business that you are advertising on the Website.

8. CLOSING YOUR ACCOUNT:

• You have the option to terminate your account at any time. Our payment structure is straightforward, based on monthly billing. We do not provide the option for upfront yearly payments. Our payment schedule operates on a month-to-month basis. If you decide to cancel your account, kindly provide us with a 30-day notice by sending an email to support@mindhubdirectory.com.

9. RENEWAL OF REGISTRATION:

• Your enrolment will automatically renew for consecutive 1-month periods unless you provide written notice of cancellation within 30 days to support@mindhubdirectory.com. The monthly fee will be charged and can be divided into either fortnightly or weekly payments, depending on your preference.

10. DESIGNATED COPYRIGHT REPRESENTATIVE:

• Our designated representative to receive notifications and notices issued under the safe harbour scheme under Copyright Regulations 2017 (Cth) limiting remedies against carriage service providers for copyright infringement, is:

Title: Alexii Pavlakos
Email: support@mindhubdirectory.com
Postal address: Suite 90/3 Albert Coates Lane Melbourne 3000

11. INDEMNIFICATION, RELEASE, WAIVER AND LIMITATION OF LIABILITY:

• The provisions in relation to Indemnification, Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, contractors, partners, associates, advertisers, licensors and suppliers (‘Associate/s’), each of which shall have the right to assert and enforce those provisions directly against you on its own behalf.
• You agree to indemnify, defend and hold harmless us and our Associates from and against any and all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Website.
• You agree that to the extent permitted by law, neither we, nor our Associates shall have any liability to you or be called on to indemnify you on any basis in connection with your use of the Website. You hereby release and forever waive any and all claims you may have against us or our Associates (including but not limited to claims based upon our negligence or the negligence of our Associates) for any loss or damage you sustain in connection with your use of the Website. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible, to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
• Notwithstanding the foregoing paragraph or anything in these Terms, to the extent permitted by law, the total liability of us and our Associates, if any, for any loss or damage arising in connection with the Website shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$250. Except where such limitation is prohibited by law, in no event shall we or our Associates be liable to you for any loss or damage other than the amount referred to above.  Their liability for all other loss or damage, whether direct or indirect, and including but not limited to special, incidental, consequential or punitive or similar damages, in connection with any use of the Website is hereby excluded even if we or our Associates foresaw or should have foreseen the possibility of such damages.  This limitation of liability applies to any loss or damage, whether in our control or the control of any of our software or support services providers, arising from:

1. any failure or interruption of the Website;
2. the act or omission of any other party involved in making the Website or the information contained in it;
3. any other cause relating to your access to or your inability to access the Website or the information contained in it.

12. MISCELLANEOUS:

• You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
• Our relationship with you under these Terms and Conditions is one of independent contractors and not one of partnership, joint venture or principal and agent.
• If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent the context permits, to render the clause or provision enforceable. If no such interpretation would save such clause or provision, then that clause or provision will be severed from the remainder of these Terms and Conditions without affecting the enforceability of any remaining clauses and provisions.
• Legal notices or communications regarding your account will be sent to your nominated email address, which is your responsibility to ensure is valid at all times. Any formal notices or communications are to be sent to our postal address set out at the beginning of these Terms.  A notice sent to you by email or facsimile will be deemed to have been received 24 hours after it was sent, regardless of whether or not you have actually read it. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if posted outside Australia).
• Advertisers and sponsors of the Website and/or any of its materials have no influence or decision-making authority on content or presentation on the Website.
• These Terms and Conditions are governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that State and any Courts of Appeal from them.

13. USE OF THE WEBSITE:

• Your use of the web site is at your own risk and you should make your own enquiries and seek your own advice. Neither we nor anyone else involved in the provision of our website, or our material will be liable for any inaccuracy, incompleteness or usefulness or otherwise of any information on the web site, nor, to the extent permitted by law, will any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of or inability to use the web site.

14. PACKAGES:

BASIC Package: $29.90 Month to Month

•  Profile Image
•  1 Health Concern
•  1 Practitioner Type

GOLD Package: $41.58 Month to Month

•  Profile Image
•  Company Address
•  Google Maps
•  Practitioner Description
•  Unlimited Heath Concern
•  10 Practitioner Type
•  Patient Focus
•  1 Company Video
•  Show Website Link
•  Phone Number
•  Insurance Fees
•  Share Profile Options
•  Online Consulting
•  Online Booking Enquiry Form

PLATINUM Package: $79 Month to Month

•  Profile Image
•  Company Logo
•  Company Address
•  Company Description
•  Google Maps
•  Practitioner Description
•  Area Of Focus
•  10 Practitioner Type
•  Unlimited Health Concern
•  Patient Focus
•  1 Company Video
•  Show Website Link
•  Phone Number
•  Insurance Fees
•  Share Profile Options
•  Online Consulting
•  Online Booking Enquiry Form
•  EAP Contract Start Up
•  EAP Provider
•  Patient Records
•  Smart Calendar
•  Clinical Invoicing
• Online Booking Enquiry Form
• EAP Contract Start-Up
• Badge Indicating Listing As Our EAP Provider
• Patient Records
• Smart Calendar
• Clinical Invoicing

14.1 Cancellation:

• Clients may terminate their account by submitting written notice to support@mindhubdirectory.com within a 30-day period. It is important to be aware that the contractual agreement operates on a month-to-month basis.

14.2 Renewal and Notice:

• The contract operates on a monthly basis and will automatically renew according to the terms outlined in the agreement. In the event of any modifications, we will communicate them to the client in writing. Should the client wish to cancel, they may do so by providing written notice to support@mindhubdirectory.com.

14.3 Account Setup:

• To initiate an account, the Client is required to complete the registration process on the Mind Hub Directory website at https://mindhubdirectory.com/advertise/. Following registration, Mind Hub Directory will reach out to the Client to validate details and facilitate payment prior to account activation. Account activation may necessitate supplementary verification of identity, qualifications, and business authorization.

14.4 Payment:

• To remit payment for the chosen package, clients can opt for monthly payments facilitated by Ezi Debit subsequent to selecting their preferred package on the website. The available packages are listed on the “List your business” page at https://mindhubdirectory.com/advertise/. To make a selection, please navigate to the provided link and click on the desired package. Subsequently, you will be redirected to Ezi Debit for the processing of payments.

14.5 Amendment of Packages:

• Mind Hub Directory retains the authority to periodically amend the advertising packages. Clients will be provided with advanced written notice of any such amendments. Clients will receive notifications regarding payment modifications no later than 30 days prior to the effective date of the changes.

14.6 International Billing:

• For clients outside of New Zealand, international billing procedures will be implemented. Invoices will be issued separately, with payments processed in AUD after currency conversion, and will not encompass any GST charges. It is important to be aware that Ezi Debit does not accommodate international payments. Consequently, alternative billing methods and payment gateways will be made available to international clients.