The following Terms of Use constitute an agreement between Provisional Psychologist Hub Pty Ltd ABN 31 644 928 423 ("we /us") and you, a user of our website (https://www.provisionalpsych.com.au) (“Site”) (“Terms of Use”). These Terms of Use apply to your use of our Site at any time now or in the future. Please read through the following carefully. By accessing and browsing our Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to these terms, you should immediately discontinue use of our Site.

1. SITE CONTENT

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are strictly maintained for your personal educational use and information purposes. You agree that such Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, interactive features and text as well as all other materials included in the Site, excluding only any materials you provide. Unless otherwise indicated, copyright and all other intellectual property rights in the Site or Content is owned or licensed by us and subject to copyright and other intellectual property rights as applicable under the Commonwealth Copyright Act 1968, Commonwealth Trade Marks Act 1995 or similar legislation which applies in your location. Except as expressly authorised by these Terms of Use, you may not in any form or by any means:

(a) copy, adapt, reproduce, republish, store, distribute, upload, print, display, perform, publish, transmit, broadcast or create derivative works from any part of the Site; or

(b) commercialise any information, products or services obtained from any part of our Site;

without our written permission.

2. LICENCE

Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable, and non-sublicensable licence, to access, view, and use the Site and Content solely for your personal educational and information use (“Licence”). Violation of these Terms of Use, including but not limited to a breach of the Licence may be subject to legal enforcement action and applicable monetary damages. We reserve our rights in all respects.

3. USE OF TRADEMARKS

All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Site, including without limitation the name and trademark “PROVISIONAL PSYCHOLOGIST HUB” (and associated logo) (collectively, the "Marks"), are owned or licensed by us. The use of Marks by you is strictly prohibited unless specifically permitted by these Terms of Use and any unauthorized use may violate the copyright, trademark, and other proprietary rights of us or third parties, as well as the laws of privacy and publicity, and other regulations and statutes which may apply in your jurisdiction. Nothing contained in these Terms of Use or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark without our express written consent. We reserve all rights not expressly stated under these Terms of Use in and to our Site and Content.

4 YOUR MATERIAL

By uploading, transmitting, posting or otherwise making available any material on our Site including any associated social media platforms, including but not limited to providing us with any comments, feedback, ideas or suggestions (“your material”), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the your material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968. If you send comments or suggestions about the Site to us, including, but not limited to, notes, text, drawings, images, designs or computer programs (“Site feedback”), such submissions shall become, and shall remain, our sole property and we shall be entitled to unrestricted use, publication, and dissemination of all Site feedback for any purpose, commercial or otherwise without any acknowledgment or compensation to you. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way without your permission, you may should notify Company us immediately at [email protected] providing your name, and contact information and the relevant details of what you believe has occurred.

5. OBJECTIONABLE MATERIAL

We reserve the right, to remove content and accounts containing materials that we deem in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property rights or these Terms of Use.

6. ACCURACY OF INFORMATION

While we use reasonable efforts to include accurate and up-to-date information in the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.

7. PRIVACY

We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of our Privacy Policy, https://www.provisionalpsych.com.au/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, you should not use this Site.

8. LINKING AND THIRD PARTY CONTENT
You must not frame, reformat, replicate or mirror any part of our Site or use any data mining robots or other extraction tools in relation to our Site, without our prior written authorisation.
You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site. Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to Sites operated by other organisations and individuals (“Third Party Site”). Third Party Content and Third Party Site are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Site or the products, services or information available on any Third Party Site, or in respect of the owner or operator of a Third Party Site or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Site, you do so solely at your own risk.

9. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
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10. DISCLAIMERS
Your use of our Site and use or purchase of our Content is at your own risk. The information, materials, and Content provided on or through our Site are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Content listed or purchased on or through our Site. Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Content, for product defects or failures, claims that are due to your use of our Content, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

We cannot guarantee that our Site will work as advertised, or that our Content will give you the desired results.

By accessing our Site, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Site or by any Third Party Content or Third Party Site. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Site.

In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
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11. LIMITATION OF LIABILITY
Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Site or Content. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site or Content be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Site or Content, any Site linked to our Site or Content (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.
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In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site. In the event of any problem with the Content or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.
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For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Site are contingent on your agreement with this and all other sections of these Terms of Use. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site or Content within the last six months, whichever is greater.

12. INDEMNITY
In addition to the other indemnities provided by you under these Terms of Use You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Site or Content by you or your officers, employees, agents, contractors or consultants.

13. PRIVACY AND CHILD PROTECTION
In addition to our obligations under the Commonwealth Privacy Act 1993 and any State based health records legislation (to the extend applicable), we also comply with all Australian Child Protection legislation to the extent applicable.
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14. CONSENT TO RECEIVE FUTURE COMMUNICATIONS
When you register with us and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us. You consent to receive notices electronically by way of transmitting the notice to you by email


TERMINATION OF ACCESS
Access to our Site or Content may be terminated at any time by us without notice. These Terms of Use will nevertheless survive any such termination.
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15. MISCELLANEOUS
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Variation and Waiver

A provision of or a right created by these Terms of Use cannot be waived except in writing signed by the party granting the waiver.
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Approvals and Consents
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Where any provision of these Terms of Use provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless these Terms of Use expressly provide otherwise.
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Entire Agreement
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The agreement contained in these Terms of Use contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the parties with respect to the subject matter of these Terms of Use.

Relationship of Parties

Nothing in this these Terms of Use creates a partnership or joint venture between the parties, and no party can bind or pledge the credit of the other party.
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Governing Law and Jurisdiction
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The agreement contained in these Terms of Use is governed by and construed in all respects in accordance with the laws of the State of Queensland, Australia and the parties hereby submit to the exclusive jurisdiction of the courts of the said State of Queensland.

Assignment

You must not novate, assign or subcontract the agreement contained in these Terms of Use or any of its obligations herein without our prior written consent.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in these Terms of Use will remain in force as though it had been entered into without that unenforceable provision being included in it.
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Legal Notice Amendments

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these Terms of Use and new additional information.

Last Update August 2021

© 2021 Provisional Psychologist Hub Pty Ltd ABN 31 644 928 423 all rights reserved