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Client Terms

CLIENT TERMS

Last updated: 19 June 2024

Welcome to YTherapy. We are YTherapy Ltd, a private limited company registered in England and Wales under Company Number 12378147 with registered office Token House, 11-12 Tokenhouse Yard, London, EC2R 7AS (‘YTherapy’, ‘we’, ‘our’ or ‘us’). And you are “you”.

What Are These Terms About?

These terms apply when you sign up for our Services through our website, being https://ytherapy.com/ and any other websites we operate with the same domain name and a different extension (Website).

Key Words Used In These Terms

To make it easier for you to understand the terms on which we provide, and you use, our Services, we have tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we say “Services” in these terms, we mean our counselling and psychotherapy services, including but not limited to any free and paid consultations we offer.

We have also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Summary Of Key Rights

Summary Of Your Key Rights

The Consumer Rights Act 2015 says services must be as described, fit for purpose and of satisfactory quality. If the services are faulty, you are entitled to a refund.

This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit https://www.citizensadvice.org.uk/ or call 0800 144 8848. This information is not intended to replace the terms and conditions below, which you should read carefully.

Acceptance Of These Terms

Before you book our Services, or otherwise engage with the Services, please carefully read these terms.

If you do not agree to these terms, please do not use or engage with our Services. By booking Services, paying the Fees or otherwise engaging with the Services (including but not limited to participating in a Free Consult), you agree to be bound by these terms.

By accepting these terms, you represent and warrant that:

  1. you have the legal capacity and authority to enter into a binding contract with us;
  2. by entering into these terms you are not breaching, nor causing us to breach, any laws or regulations; and
  3. you are authorised to use the payment you provided when paying Fees.
  1. DISCLAIMER
  1. (Purpose) As a counselling and psychotherapy practice, we exercise reasonable skill and care in the mental health services we provide and incorporate a range of therapy approaches and techniques from our training and experience to support our clients. Our scope of practice includes, but is not limited to, supporting clients with experiences of anxiety and depression, stress and burnout, trauma and abuse.
  2. (Scope of Practice) Each therapist will have their own unique training background, skills and experiences to work with a wide range of presenting issues. However, should what you require fall outside the therapist’s scope of practice, you will be informed and a recommendation can be made to assist you in finding a more appropriate therapist or service.
  3. (No Guaranteed Outcome) The methods and techniques we use in our Services can lead to a reduction in stress, improved relationships, enhanced coping and problem-solving abilities, development of new skills, a change in unwanted behaviours, improved acceptance of oneself and circumstances, and an overall increase in confidence, self-awareness and personal growth. However, it is possible that progress may not occur in the way or at the speed you had hoped for. We cannot and do not make any representation, promises or guarantees as to the progress or outcomes of treatment, goal achievement, recovery or change, however, we will support you to the best of our ability in developing and implementing a beneficial treatment plan.
  4. (Distressing Topics) Since our Services often involve discussing unpleasant aspects about your life, you may experience a temporary increase in uncomfortable thoughts and feelings. You may also experience changes in your emotional state, changes in perception or behaviour, and changes in occupational, social or personal relationships.
  5. (Emergencies) We are not able to provide an emergency support service. If you:
    1. have a life-threatening emergency, please call 999 (UK) or 112 (UK and Europe) to gain access to your local emergency services, or go to the nearest Accident & Emergency department;
    2. are feeling distressed, you can call a 24/7 crisis phone line to speak directly with a crisis worker, for example:
      1. In the UK, you can contact the Samaritans by calling: 116 123 or by visiting their website: https://www.samaritans.org/; and
      2. Outside of the UK, you can contact Befrienders Worldwide which can direct you to a helpline in your country: https://befrienders.org/.
  1. BOOKING SERVICES

2.1 ACCOUNTS AND THE PLATFORM

  1. We use a third party platform, Jane App, to manage bookings for our Services (Platform), here: https://ytherapy.janeapp.co.uk/
  2. To make a booking, you will need to create an account on the Platform (Account). As part of the Account creation process, you will be asked to provide us with personal information, including but not limited to your name, email address, phone number, home address and payment details.
  3. The terms and conditions of Jane App will apply to your use of the Platform, and by signing up and creating an Account you agree to be bound by Jane App’s terms and conditions, available here: https://jane.app/legal/terms-of-use
  4. By signing up and creating an Account, you warrant and agree that all information you provide is accurate and up-to-date.
  5. You agree that you are solely responsible for:
    1. maintaining the confidentiality and security of your Account information and your password; and
    2. any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
  6. If you are under the age of 18 you are not permitted to use or buy any Services from us.

2.2 FREE CONSULTATIONS

  1. We offer free phone consultations (Free Consults) so that you can speak to us and determine whether the Services are right for you.
  2. These terms and conditions apply to all Free Consults.
  3. We reserve the right to require a Free Consult before we will provide any Services to you.

2.3 BOOKING SERVICES

  1. We offer a range of paid services, including but not limited to initial paid therapy consultations (Initial Consults) and ongoing therapy sessions (Sessions).
  2. Before commencing ongoing therapy, you must book and attend an Initial Consult.
  3. You can book an Initial Consult using the booking functionality on the Platform (Booking).
  4. If during the Initial Consult you and the Therapist agree to commence ongoing therapy Sessions, then the Therapist will email you a “Treatment Plan” which will set out the following in respect of the Sessions:
    1. Therapist assignment;
    2. The frequency;
    3. The length of time;
    4. The day and time;
    5. Initial number of Sessions to be booked;
    6. Session format (in-person, online video, telephone); and
    7. Session fees.
  5. If you accept the treatment plan in writing, whether it be by reply email or tick box on the Platform, you authorise YTherapy to make the Booking of the Sessions outlined in the Treatment Plan on your behalf.
  6. When a Booking is made (whether via the Website, the Platform or with your Therapist):
    1. a legally binding contract will be in place between you and us; and
    2. we will provide the Services as set out in the Booking.

2.4 CANCELLING OR RESCHEDULING A SESSION

  1. You may cancel or reschedule a Session by providing us no less than 48 hours’ written notice prior to the Session start time (Cancellation Notice). Notice can be sent either by email on our Website or to your Therapist, or using the reschedule or cancel function for the Session on the Platform.
  2. No-shows and cancellations received with less than 48 hours’ notice will be charged in full according to the Fees set for the scheduled Session.
  3. Cancelling or rescheduling a Session or the Services will not affect any other Sessions you have Bookings for, unless otherwise agreed in writing.
  4. We may cancel or reschedule (at a time mutually agreed with you) a Session or the Services at any time for any reason. We will do our best to give you as much notice as possible. If we need to cancel a Session, or cannot agree on a rescheduled Session time, then we will carry over or refund you any prepaid Fees for the relevant Session Booking.

2.5 SESSION PLATFORMS

  1. (Session Platforms) We may offer Sessions remotely on a video or telephone basis, and we use various third party platforms to facilitate remote Sessions including but not limited to:
    1. Zoom; and
    2. Google Meet.
  2. (Session Platform Terms) The terms and conditions of the Sessions Platforms will apply, in addition to these terms, to the Services and by making a Booking and selecting a Session Platform as the mode of delivery for our Services, you agree to be bound by the Session Platform Terms available here:
    1. Zoom: https://explore.zoom.us/en/terms/
    2. Google Meet: https://policies.google.com/terms?hl=en-US
  3. (Session Platform Issues) Any issues with the video conferencing software should be directed to the Session Platform to troubleshoot the issue. We will not be liable for any loss or damage suffered as a result of or in connection with issues on the Session Platform.

2.6 SESSION RULES

  1. (No Recording Sessions) You must not make any audio or video recording of any part of any of the Sessions, unless otherwise agreed by us in writing.
  2. Please ensure to be respectful and appropriate at all times. Your Therapist reserves the right to terminate any Session and Services immediately if your behaviour is inappropriate or unsafe, including but not limited to attending Sessions intoxicated, behaving abusively, or repeatedly failing to adhere to the agreed Treatment Plan and these terms.
  3. You are responsible for ensuring you attend your Session on time. If you are late to a Session, we will not be required to extend the Session.
  1. THERAPISTS

3.1 OUR THERAPISTS

We may subcontract the provision of the Services to qualified counsellors and psychotherapists (Therapists). The qualifications, experience and professional registrations held by our Therapists is set out on our Website.

3.2 COMMUNICATION WITH YOUR THERAPIST

  1. You and your Therapist can call, SMS text or e-mail non-sensitive, practical information such as cancellations and timetable changes. You are encouraged to keep all other communications within the agreed session times to maintain the necessary boundaries and confidentiality.
  2. During scheduled work hours, your Therapist will aim to respond to any communications made by you within 24 hours. However, outside of working hours, your Therapist may be unavailable and possibly not checking messages. If your request is related to scheduling, you are encouraged to use YTherapy’s client portal, Jane App, to amend your existing appointments: https://ytherapy.janeapp.co.uk/login
  3. If you need to share any sensitive information (e.g. medical reports), communication will be restricted and your Therapist will advise how you can share information safely over the internet (e.g. using a secure end-to-end encryption software).

3.3 COMMUNICATION OUTSIDE OF THE SERVICES

  1. There is always a possibility that clients may encounter their Therapists unexpectedly in the community or on social media. If you and your Therapist come across one another in a setting outside of the Services, your relationship with your Therapist will never be acknowledged without your consent. To respect the privacy of both you and the Therapist please refrain from initiating contact in public domains.
  2. Your Therapist will not communicate with you via social media platforms as it is not a secure method of communication. In addition, your Therapist cannot accept friend requests from past or current clients in order to protect your privacy and to avoid compromising your work together.
  3. You are welcome to follow YTherapy’s professional social media accounts, sign up to receive newsletters or read blogs hosted on our website at https://ytherapy.com/. Any articles or posts you choose to read from YTherapy is for informational purposes only and is not a substitute for therapy.
  4. Please be aware that if you comment on a blog or post or contact us through social media, your confidentiality may be at risk. We are not liable if someone identifies you as a client as a result of contact through social media.

3.4 THERAPEUTIC RELATIONSHIP

Your Therapist is bound by ethical boundaries to avoid dual relationships in order to ensure the therapeutic relationship does not compromise your Therapist’s therapeutic judgement, objectivity or effectiveness. If the dual relationship will compromise the Services, your Therapist may recommend a change in Therapist or Services.

  1. PAYMENT

4.1 FEES

  1. All Fees are:
    1. as set out in our Website and the Platform, and in your Treatment Plan (Fees);
    2. in British Pounds;
    3. subject to change without notice prior to your Booking of Initial Consults; and
    4. subject to change with written notice prior to your Booking of Sessions (if a Treatment Plan has been established with you).
  2. (Online payment partner) We may use third party payment providers (Payment Providers) to collect payment of the Fees for the Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees. As at the date these terms were last updated, our Payment Provider is Stripe, and their terms and conditions can be accessed here: https://stripe.com/gb/legal/consumer.
  3. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Services at the correct Fees or cancelling your Booking. If you choose to cancel your Booking and the Fees have already been debited, the full amount will be credited back to your original method of payment.

4.2 SERVICES FEES

  1. We require payment of our Fees for Initial Consults at the time of Booking.
  2. For Sessions, unless otherwise agreed in writing, the Fees are due and payable on a recurring monthly basis in advance. The first payment is due at the time of Booking for all Sessions scheduled in that calendar month, and subsequently on the 1st of each calendar month thereafter.
  3. If you are paying manually, we will send you a pay balance e-mail for payment of the Fees and you must make payment of the Fees in accordance with the payment schedule set out in clause 4.2 (b). To proceed with payment, follow the instructions provided in the pay balance email and complete the payment using a credit card or debit card. Upon completing the payment, a receipt will be provided for your records.
  4. If you have authorised automatic recurring billing (from a nominated credit card or debit card) then clause 4.3 will apply.

4.3 FEES – AUTOMATIC RECURRING BILLING

  1. Where you have authorised credit card or debit card deductions as your payment method, the Fees for Sessions will continue to be debited on the 1st of each calendar month (or the next working day if the 1st falls on a weekend or public holiday) from the payment method you nominated when you registered for an Account. Once the payment is debited, a receipt will be provided for your records.
  2. We will not be required to pay any charge back amount if you fail to cancel your Booking in accordance with these Terms.
  3. By signing up for automatic recurring billing, you agree that your Booking for Sessions will have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Booking and/or Sessions.
  4. If you have terminated this authorisation or wish to change your payment method (and receipt of this is confirmed by us), such notice will not affect charges submitted before we reasonably could act on it. To terminate your authorisation or change your payment method, please contact us via our Website.
  5. If payment cannot be authorised, we reserve the right to suspend the Services until we have received the Fees.

4.4 LATE PAYMENTS

We reserve the right to suspend all or part of the Services indefinitely if you fail to pay any Fees in accordance with this clause 4.

  1. CONFIDENTIALITY, PRIVACY & DATA PROTECTION

5.1 CONFIDENTIALITY

  1. Our Services are provided by qualified therapists (Therapists). The Therapist providing the Services to you may consult with other professionals involved in your treatment only with your explicit signed consent, including but not limited to other Therapists or your medical doctor.
  2. If we, including but not limited to your Therapist, believe you or another person is at risk of being harmed (e.g. if we are concerned that you are in serious danger of attempting suicide, in imminent danger or temporarily unable to take responsibility for your actions) we would advise the relevant emergency services and/or your doctor and/or your nominated emergency contact.
  3. Any decision to break confidentiality would not be taken lightly. We will usually consult with a colleague, a clinical supervisor, and where possible, advise you as well. You have an ethical and legal right to know the importance of and/or see what is being said about you if you wish and we will make every effort to include you in the process except in circumstances where it would harm you or others to inform you (e.g. child protection situations, mental incapacity, terrorism).
  4. We may discuss our work in a general way with a clinical supervisor and supervision group in order to maintain high standards of practice. We will never use full names or personally identifiable details.

5.2 PRIVACY COLLECTION

  1. We may collect personal information, including health data, about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy here: https://ytherapy.com/privacy-policy/.
  2. Our Privacy Policy and this clause 5 contain more information about how we use, disclose and store your information and details how you can access and correct your personal information.
  3. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
  4. We are responsible for retaining all health records, including artifacts and work that may be produced by you, for a minimum of 8 years after the end of therapy as recommended by the Department of Health & Social Care / Records Management Code of Practice 2021 set out by the Information Governance Alliance (IGA). After this required period of time, records will be reviewed and then destroyed unless there is reason to keep records for longer due to the nature of a particular case (e.g. ongoing access request).
  5. Where possible, we will limit access to your personal data we store to those who need to have access, such as your Therapist.
  6. If an accident, illness or your Therapist’s passing prevents your Therapist from being able to contact you, we have nominated a trusted colleague who will be able to access the Therapist’s client list and contact you if necessary. They will destroy personal and sensitive data and archive clinical notes safely at the appropriate time in line with GDPR requirements.
  1. INTELLECTUAL PROPERTY

6.1 OUR IP

Intellectual Property Rights in the Services and any other related information or materials (Material) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

6.2 DEFINITIONS
For the purposes of this clause 6:

  1. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials, including but not limited to the Services including ideas, concepts, structure, and content contained therein.
  2. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
  1. DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

  1. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

8.1 THIRD PARTY GOODS AND SERVICES

  1. The Services may be powered by goods or services provided by third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Services is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
  2. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Services or any issues experienced in Booking.

8.2 THIRD PARTY CONTENT

Our Website and the Services may contain text, images, data and other content provided by a third party and displayed in the information provided through the Services (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

8.3 LINKS TO OTHER WEBSITES

  1. Our Website and the Services may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
  2. Inclusion of any linked website on the Services does not imply our approval or endorsement of the linked website.
  1. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of our Website and/or the Services. You should take your own precautions to ensure that the process that you employ for accessing the Services does not expose you to risk of viruses, malicious computer code or other forms of interference.

  1. REPORTING MISUSE

If you become aware of misuse of the Website and/or the Services by any person, any errors in the material in the Services or any difficulty in accessing or using the Services, please contact us immediately using the contact details or form provided on our Website.

  1. NOTICES
    1. A notice or other communication to a party under these terms must be:
      1. in writing and in English; and
      2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
    2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      2. when replied to by the other party,

whichever is earlier.

  1. LIABILITY
  1. Nothing in these terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
  2. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services, the Website, these terms or any other goods or services provided by us to the value of the Fees (if any) paid for the Services. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
  3. All express or implied representations and warranties in relation to the Services, the Website, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
  4. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives:
    1. breach of any of these terms;
    2. use of the Services, the Website, or any other goods or services provided by us; or
    3. use of any other goods or services provided by us.
  5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, the Website, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under applicable law.
  6. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
  1. COMPLAINTS & DISPUTES

13.1 COMPLAINTS PROCEDURE

We encourage you to address any concerns or complaints directly with us first. If your concerns or complaints cannot be resolved with us, you have the right to make a complaint through external independent bodies. Below are ways to lodge a complaint and seek dispute resolution advice:

  1. Please contact us if you have any queries or concerns about our Services and use of your information at jamie@ytherapy.com or via our Website.
  2. If you have a privacy-related complaint, you also have the right to lodge a complaint with the Information Commissioner’s Office at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.
  3. For professional conduct related complaints in respect of specific Therapists who have provided Services to you (Therapists), you can contact the governing body who regulates the relevant Therapist, details of which will be set out on our Website.

13.2 DISPUTE RESOLUTION PROCECURE

  1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
  2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
  1. SUSPENSION

We reserve the right to indefinitely suspend all or part of your access to the Services where you are in default or breach of these terms.

  1. TERMINATION

15.1 TERMINATION OF SERVICES

Either party may terminate the Services at any time, for any reason, by providing written notice to the other party.

Ending therapy is considered an important part of the therapeutic process. We recommend informing your Therapist upon deciding to end therapy. For brief therapy engagements, we recommend completing at least one Session to conclude therapy. In cases of longer-term therapy, we recommend providing one month’s notice or completing a series of Sessions to conclude therapy.

15.2 TERMINATION FOR CAUSE
Either party may immediately terminate these terms by written notice to the other party if:

  1. the other party is in default or breach of these terms;
  2. the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
  3. the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
  4. the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.

15.3 EFFECT OF TERMINATION
Upon termination of these terms:

  1. your Account will be terminated, and you will no longer have access to the Services; and
  2. any Fees paid are non-refundable except in accordance with clause 2.4, however if we have terminated this agreement in accordance with clause 15.1, or if you have terminated this agreement in accordance with clause 15.2, we will refund you the Fees on pro-rata basis for any unused part of the Services.

15.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.

  1. GENERAL

16.1 GOVERNING LAW AND JURISDICTION

These terms are governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

16.2 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

16.3 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

16.4 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

16.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

16.6 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

16.7 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

16.8 ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

16.9 INTERPRETATION

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.