Membership Terms & Conditions - Mental Health Hublink

Membership Terms and Conditions

OVERVIEW

The Mental Health Hublink site www.mentalhealthhublink.com.au is owned and operated by Mental Health Hublink Pty Ltd ACN 675 601 411, trading as MENTAL HEALTH HUBLINK.
Mental Health Hublink is an online directory featuring profiles of appropriately licensed/registered mental health professionals, groups, and support organisations (Mental Health Hublink Members), including but not limited to:
1. Psychologists;
2. Psychiatrists;
3. Psychotherapists;
4. Counsellors;
5. Social Workers;
6. Mental health Social Workers;
7. Mental health Occupational Therapists;
8. Mental health retreat organisers; and
9. Mental health group therapy organisers.
Site visitors will be able to access and search the online directory of Mental Health Hublink Members for free, filtering results by needs, preferences, availability, and location.
Site visitors can contact the nominated Mental Health Hublink Members directly via the links made available on the Mental Health Hublink Members profile.
To feature on the Mental Health Hublink online directory, service providers must apply to become a Mental Health Hublink Member and pay the applicable Fees (Membership Fees) via mentalhealthhublink.com.au.
By applying to become a Mental Health Hublink Member, applicants acknowledge that they:

1. have full power, capacity, and authority to enter into a contract and perform any obligations set out therein;
2. have read, understood, and agree to comply with and be legally bound by the:
  - Mental Health Hublink Membership Terms and Conditions (Terms);
  - Mental Health Hublink Site Terms and Conditions;
  - the Mental Health Hublink Privacy Policy.

are solely responsible for determining whether the Membership is appropriate for them;
have sought professional and/or legal advice should they require clarification on any aspect of the Membership Terms; and
agree to provide accurate, current, and complete information about themselves and/or their business as requested or directed, and to promptly update this information to maintain its accuracy, in accordance with Clause 4 (Member Profile).
Mental Health Hublink reserves the right to deny, suspend, or terminate any Member if they suspect that applicant information is or becomes inaccurate or incomplete, or if the Member breaches the code of conduct, as set out in clause 12 (Code of Conduct).
Mental Health Hublink Members understand, acknowledge, and accept that the Mental Health Hublink online directory is designed to provide exposure but there are no guarantees that a site visitor will engage their services as a result of Membership.

MEMBERSHIP COMMENCEMENT & TERM

Membership commences when an application has been accepted by Mental Health Hublink.
Mental Health Hublink will notify the applicant via email within seven (7) business days confirming that their application was successful and provide details and instructions for populating their online Member profile.
Member Profiles will be populated with the information provided in their application form and able to be edited and updated by the Member at any time during the Term of their membership, in accordance with Clause 4 (Member Profile).
Memberships will be auto renewed, and direct debits processed via Stripe after membership commencement. Membership renewals will continue at the same level and duration that was originally purchased (monthly or annually) indefinitely unless terminated prior, in accordance with these Terms.
Unless otherwise agreed between Mental Health Hublink and the Member, any discounted Membership Fees will expire at the conclusion of the original term of Membership.
Annual Members will receive an email reminder notification thirty (30) business days prior to renewal including any fee increase information or changes to the terms of Membership.
The Member will be solely responsible for communicating any updates to payment details for their direct debits or cancellation requests (effective from the next renewal date) to Mental Health Hublink and may do so securely via details/login page.
Members may request an upgrade to their membership prior to the renewal date (from monthly to annually) by emailing heyteam@mentalhealthhublink.com.au with their request.

Incomplete or rejected applications

Where Mental Health Hublink receives an incomplete application or they determine that the application is not suitable, they will contact the applicant advising them of deficiencies and wait seven (7) business days for a response. After this time, Mental Health Hublink will treat the application as abandoned and the applicant will be entitled to a refund for any fees paid in advance, minus processing fees. To request a refund, applicants must take the steps set out in clause 8 (Refunds).

MEMBERSHIP ENTITLEMENTS

Online directory exposure

Member profiles will be available for searching by site visitors based on:

1. Areas of Support;
2. Types of Therapy;
3. Service Options;
4. Funding Scheme;
5. Location;
6. Speciality Areas;
7. Gender;
8. Treating age groups;
9. Language spoken; and
10. Faith

Standard Member profiles will be displayed in the order with which the greatest number of filtered search terms apply to the member profile. Where the same number of filtered search terms apply equally to multiple member profiles, they will display together in random order.

Mental Health Hublink Article/Blogs

Mental Health Hublink Members may be invited (via the email address nominated at the time of membership application) to submit article/Blogs to be featured on the ‘resources’ page of the site.
Members can also submit a Blog Proposal to Mental Health Hublink for review.
Submissions made by Mental Health Hublink Members must comply with:

1. The intellectual property provisions set out in clause 9;
2. the code of conduct as set out at clause 12(Code of Conduct);and
3. (where applicable) the Australian Health Practitioner Regulation Agency – Guidelines for advertising a regulated health service

Submissions must not

1. include language or images that are, or are likely to be, false, misleading or deceptive;
2. include statements that create an unreasonable expectation about a service; or
3. directly or indirectly encourage the indiscriminate use of a service or a service that is not clinically indicated;

Except as otherwise notified in the invitation for submissions, Mental Health Hublink will not be responsible for reviewing a submission for correctness or compliance with the above provisions. The author of the submission will be clearly stated on the article, as well as a link to their Member Profile and will be, at all times responsible for the content of the submission, including indemnifying Mental Health Hublink from any claim made against the author for the contents of the submission.
Members agree and understand that there is no guarantee that their article will be featured on the Mental Health Hublink resources page during the term of their Membership.
Members agree, acknowledge and explicitly consent to the ongoing publication of any submission (article or blog) on the Mental Health Hublink site, even after their Membership is terminated or otherwise expires. The author of the submission will continue to be recognised on the article/blog however there will be no active Member Profile link. The Member will be solely responsible for requesting that Mental Health Hublink remove their article/blog in accordance with Clause 3(right to withdraw consent).

Social media Member promotion

Members will be featured at random on Mental Health Hublink’s social media accounts in accordance with clause 1.
Members agree and understand that there is no guarantee that their business will be featured on the Mental Health Hublink social media accounts during the term of their Membership.
If a Force Majeure event of any kind requires that any Membership Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. Members will not be entitled to any compensation for Membership Entitlements that are unable to proceed due to a Force Majeure event.

MEMBER PROFILE

Member profile creation and updates

1. Members will be responsible for the creation and maintenance of their Member profiles and will be able to edit at any time during the Term of their membership.
2. Member Profiles will be unable to be created unless they include, at a minimum:
  - Name;
  - Academic title;
  - Professional registration/association numbers;
  - Address; and
  - Telephone number.
3. Members are encouraged to also include information on their Member Profile relevant to Compulsory Search Terms (what the site visitor can filter results by) including:
  - Areas of Support;
  - Types of Therapy;
  - Service Options;
  - Funding Scheme;
  - Location; and
4. Members will also be invited to provide information relevant to Non-compulsory Search Terms which include:
  - Speciality Areas;
  - Gender;
  - Treating age groups;
  - Language spoken;
  - Faith;
  - Areas of Support;
  - Types of Therapy;
  - Service Options;
  - Funding Scheme;
  - Location; and
  - Availability [Accepting new clients | Not currently accepting new clients | Offering a waitlist]

Member profile audits

Members are encouraged to and responsible for, keeping their member profiles up to date at all times.
The Mental Health Hublink team will conduct random audits of member profiles during the term of membership, to ensure compliance with these Terms, in particular Clause 12(code of conduct) and professional registration standards.
In the event that the Mental Health Hublink team identify any breaches they will, at their sole discretion:

1. 1. contact the Member to publish correct information;
  2. suspend the Member; or

terminate the Membership.
If, after being contacted by the Mental Health Hublink Team, the member profile is not updated and/or the Member does not communicate a reason as to why they are unable to action the request, the Member profile will be suspended (not available for site visitor searches) until further information can be ascertained.

TECHNICAL SUPPORT

Members are encouraged to report any technical difficulties or where they identify errors or inappropriate content on another member profiles via support@MentalHealthHublink.com.au with the subject line ‘technical issue’.
The Mental Health Hublink team will acknowledge any technical issue within two (2) business days and aim to resolve it within seven (7) business days. If the Mental Health Hublink team are unable to action the request within this timeframe, they will contact the Member accordingly.

MEMBERSHIP FEES & AUTO RENEWALS

Membership Fees

All Membership Fees are advertised on the Mental Health Hublink website in Australian Dollars and are inclusive of GST.
Membership Fees are required to be paid at the time of application, for the nominated duration (monthly or annually). Membership Fees are payable via credit/debit card and processed through a third-party payments’ provider.

Auto renewals

Memberships will be auto renewed at the same duration and level that were originally purchased (monthly or annually). Receipts will be automatically sent following direct debits.
Annual Members will receive an email reminder notification thirty (30) business days prior to renewal including any fee increase information or changes to the terms of Membership.
The Member will be solely responsible for communicating any updates to payment details for their direct debits or cancellation requests (effective from the next renewal date) to Mental Health Hublink and may do so securely via:

1. the member can update their payment details/login and/or
2. the member can cancel their membership.
If no communication is received from the Member, it will be deemed that the Member agrees to the new term of Membership and on the renewal date, the Member’s credit/debit card will be debited automatically for the next term.
Members explicitly authorise Mental Health Hublink to automatically charge the card on file at the start of each billing period for the following monthly Membership.
Members are solely responsible for keeping Mental Health Hublink updated on any new card/payment details and may do so securely via member details/login page.

Increase to Membership Fees

Members acknowledge and accept that should Mental Health Hublink decide to increase their Membership Fees, the Member will be notified of this increase at the same time they are notified of their next renewal date. The Member will be solely responsible for communicating any changes to their payment details or cancellation requests with Mental Health Hublink prior to the renewal date and may do so securely via:

member payment details/login page; and/or
member can cancel their membership.

Recovery of unpaid Membership Fees

In the event that a direct debit fails the payments processor will often re-attempt the debit within 14 business days. Additional processing fees may/will be incurred which are the sole responsibility of the Mental Health Hublink Member.
Where any portion of the Membership Fees are outstanding, Mental Health Hublink reserves the right to immediately suspend the Member profile until the outstanding payment is settled.
If unpaid Membership Fees are required to be recovered through an external agency, the Member acknowledges that they will be responsible for the costs involved in the recovery.

CANCELLATION OF MEMBERSHIP

During Membership

Early cancellation of the Membership is not permitted by either party, except in the case of a Force Majeure Event.
Memberships will be auto renewed at the same duration that were originally purchased.

If no communication is received from the Member prior to the renewal date, it will be deemed that the Member agrees to the new term of Membership and on the renewal date, the Member’s credit/debit card will be debited automatically for the next term.
A Member may be permitted to cancel their Membership during the term only in the event that Mental Health Hublink is unable to provide the Membership due to a Force Majeure Event for a period exceeding thirty (30) Mental Health Hublink will, at their sole discretion refund Fees proportionate to the amount of time remaining in the term.
Refunds will be offered in accordance with both Australian Consumer Law and applicable state Fair Trade legislation. Mental Health Hublink is permitted to exercise their discretion in any circumstances where a refund of any fees already paid by the Member may be appropriate.

Refund Processing

Where it is determined that a refund is due, Mental Health Hublink will notify the applicant or Member and organise prompt payment via:

1. the original payment method;
2. third party payment provider
3. as otherwise agreed between the parties.

Where a third party processor is required for the transaction, the Member acknowledges and agrees that transaction/processing fees may be deducted from the refund amount.

INTELLECTUAL PROPERTY RIGHTS

Licence Grant

To the extent that a party is required to use any of the other party’s Intellectual Property (IP) for the purpose of performing their obligations under these Terms, each party grants to the other a revocable, non-transferable, non-exclusive, royalty-free licence to use the other party’s IP for that sole purpose.
The licence granted by each party to the other to use IP is conditional on the recipient not sub-licensing, publishing, selling, or otherwise allowing it to be used by third parties, and also not modifying it in any way except as otherwise agreed.

Member provided Intellectual Property

For any intellectual property that the Member issues to Mental Health Hublink in their application or subsequently during the Term of the Membership including contributions to articles for publication on the Site, the Member warrants that they are the owner of this intellectual property and indemnify Mental Health Hublink against any claim made by a third party due to orarising out of any breach of intellectual property rights (including third party intellectual property rights) from Mental Health Hublink’s use of the intellectual property.

MARKETING AND PROMOTION

Recognition

The parties agree that unless otherwise expressly agreed, Mental Health Hublink will retain the right to reproduce, publish and display any materials (that are not personal or confidential information) the Member provided in their application including Member’s name, business name, logo and any trade markson websites, in paid advertising, and other media (including social media) for the sole purpose of recognition of their participation as a Member.
For the avoidance of doubt, unless Mental Health Hublink has sought express authority from the Member to share personal information, Mental Health Hublink will not disclose or publish any of the Member’s personal information.
Where the Member provided their social media accounts and reference handles to Mental Health Hublink with their application, Mental Health Hublink will use their best endeavours to reference the Member’s relevant social media accounts when publishing or distributing promotional material on social media.

Testimonials

Where Members have provided testimonials (in any format), they acknowledge that Mental Health Hublink may use these along with reference specifically on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
Members consent to the use of any testimonials, reviews, or feedback provided to Mental Health Hublink for promotional and marketing purposes. The Member understands that these testimonials may be published on the Service Provider’s website, social media platforms, marketing materials, and other promotional channels.

Right to Withdraw Consent

The Member has the right to withdraw their consent at any time. To do so, the Member must notify Mental Health Hublink via support@MentalHealthHublink.com.au who will promptly cease the use of such materials for promotional purposes.

TERMINATION

Mental Health Hublink reserves the right to terminate a Member’s access to the Membership with immediate effect if:
1. the Member’s application is incomplete or falsified, or becomes incomplete or falsified during the Term of the Membership, including where the Member
  - is not/no longer an accredited mental health worker; and/or
  - is not/no longer registered with an appropriate association/governing body.
2. the Member fails to pay the Membership Fees when due (including when a direct debit fails);
3. the Member engages in prohibited conduct, as outlined in clause 12 (code of conduct);
4. the Member otherwise breaches any obligation under these Terms;
5. Mental Health Hublink considers that mutual trust or confidence no longer exists; and/or
6. Mental Health Hublink determines that they are no longer able to provide the Membership for any reason.
The Member acknowledges that in the event of termination due to their breach of these Terms, they shall not be entitled to a refund of any Membership Fees and will remain liable for any outstanding Fees owed to Mental Health Hublink, as well as any additional costs or damages incurred as a result of the breach.
If Mental Health Hublink terminates these Terms in accordance with clause 1f, Mental Health Hublink will, at their sole discretion, refund Fees proportionate to the amount of time remaining in the subscription period.

CODE OF CONDUCT

Members are required to always act professionally and courteously in all written and verbal interactions with Mental Health Hublink, site visitors, and fellow Mental Health Hublink Members.
Profane, abusive, crude, sexist, discriminatory, or defamatory language is strictly prohibited and considered a breach of this code of conduct, which may result in immediate termination in accordance with clause 11 (Termination).
In addition to any other prohibitions, Members must not under any circumstances access or otherwise use the Membership or its content:
1. for any unlawful or unethical purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
4. to attempt to change, remove, or otherwise interfere with the Membership or any of its materials;
5. to infringe upon any other person’s proprietary rights; or
6. to send any unsolicited advertising or promotional material, commonly referred to as ‘spam’.

INFORMATION AND ADVICE

Any content or information provided in the Membership by Mental Health Hublink is of a general nature only and does not constitute professional advice. Mental Health Hublink does not purport to be legal or financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information provided through the Membership. No part of the Membership is a substitute for obtaining advice that is specific to a Member’s individual circumstances from a qualified professional.
Any reference to other products or services, programs, memberships, processes or other information appearing within the Membership does not constitute or imply Mental Health Hublink’s endorsement, sponsorship or recommendation in any way.

NO GUARANTEES

Mental Health Hublink provides the Membership and its entitlements on an ‘as is’ basis without representation, warranty or condition of any kind (either express or implied).
Under no circumstances can Mental Health Hublink guarantee a particular result in relation to Membership. Members acknowledge and agree that results may differ from business to business and individual success is completely dependent on the Members engagement with site visitors, independent of the Mental Health Hublink online directory. Any Member reviews, testimonials, statements or examples advertised or available on the Website or via any content (including any newsletter, social media or other advertising), are provided for illustrative purposes only, and are simply examples of what can be possible.
Members acknowledge and agree that they are solely responsible for determining whether the Membership is appropriate for them and engage in the Membership at their own risk.

WARRANTIES AND INDEMNITIES

The parties agree that:
1. all express or implied warranties, representations, statements, terms and conditions relating to these Terms or its subject matter which are not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law;
2. nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy implied by or imposed by any law (including statute or regulation) which cannot be lawfully excluded, restricted or modified.

Except as expressly permitted by law, Mental Health Hublink cannot be held liable for:
1. any negative impact on the Member as a result of inaccuracies, errors or omissions in information listed by the Member on their Profile, nor the cost of rectifying such inaccuracies.
2. any loss or damage that you may suffer as a result of Member participation;
3. Member’s inability to participate in the Membership for any reason;
4. the statements or conduct of any third party;
5. Member’s reliance on the suggestions or recommendations of any third party or Membership participant; and
6. any unforeseen advances in technology that may negatively impact on the Membership.

Each party agrees to indemnify and hold harmless the other party, their respective affiliates, officers, directors, agents, and employees from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to any breach of these Terms, negligent acts or omissions, wilful misconduct, by either party or their respective affiliates, officers, directors, agents, or employees.
The parties agree that:
1. neither party will be responsible, liable or held in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is directly caused by the other party failing to comply with its obligations under these Terms or negligence or misconduct of the other party or its employees, agents, guests, personnel or contractors;
2. each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done by the other party under or in connection with these Terms; and
3. in no event will either party be liable to the other party for any Consequential Loss.

Consequential Loss means any liability in relation to incidental, indirect, consequential, punitive or special damages (including but not limited to damages to business reputation, lost business, or lost profits) arising out of or in connection with these Terms.

LIMITATION OF LIABILITY

The liability of each party to the other party (including under indemnity) is mutually capped to:
1. the total amount of all Membership Fees paid in connection with the Membership in the twelve (12) months preceding the liability event; and
2. will be reduced to the extent that the other party’s acts or omissions contribute to or cause the liability.

This clause survives expiry or termination of these Terms.

CONFIDENTIALITY

Each party agrees that, unless it has the prior written consent of the other party, it will:
1. keep the Confidential Information of the other party confidential at all times;
2. ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause; and
3. where there is prior consent, inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe.

These obligations of confidentiality do not apply to any disclosure that:
1. is for the purpose of performing the obligations as set out in these Terms or exercising a party’s rights under the Terms;
2. is required by Applicable Law; or
3. relates to Confidential Information that is publicly available through no fault of the receiving party or was rightfully received from a third party without restriction and without the breach of any obligation of confidence.

Mental Health Hublink shall not be held liable for any damages arising from the disclosure of such confidential information, provided that such disclosure was made in good faith and in compliance with any applicable laws or regulations.

PRIVACY

Members will be required to provide personal and business information when applying for a Mental Health Hublink Member profile. Mental Health Hublink will only use the personal information provided by the Member strictly for the purposes of evaluating the applicant’s suitability for Membership.

Member information will be dealt with strictly in accordance with the Mental Health Hublink privacy policy which can be accessed here: Mental Health Hublink Privacy Policy.

MISCELLANEOUS

Relationship of Parties

Mental Health Hublink and its Members are considered as independent contractors and these Terms do not seek to create a partnership, joint venture, agency or employer and employee relationship. Site visitors who seek to engage with a Member (service provider) will do so independently. Mental Health Hublink encourages Members to have their own contract, new client intake form or other means of verifying information which they send to any new client prior to their engagement.
Mental Health Hublink will not be a party of any third-party contract and nothing in these Terms gives either party the authority to bind the other in any way, nor impose any fiduciary duties on the other party.

Exclusivity

The parties agree that these Terms do not establish an exclusive relationship between the Mental Health Hublink and the Member.

Non-Disparagement

Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following the Term. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of these Terms relating to disputes.
In the event that either party breaches this provision by engaging in disparagement or posting negative feedback in a public forum, the non-breaching party has two options:
1. initiate the dispute resolution process as outlined in clause 5 (Dispute Resolution) of these Terms to resolve the matter amicably; or
2. pursue legal action to seek remedies, including injunctive relief and damages, as allowed by applicable laws.

The choice between these options will be at the sole discretion of the non-breaching party.

Conflict of Interest

Each party warrants that they are free to enter into these Terms and that it shall not violate the terms of any other agreement between that party and a third party.

Dispute Resolution

In the event of any dispute arising under or in connection with these Terms, the parties shall first seek to resolve the matter amicably through direct negotiation. Both parties agree to engage in good faith efforts to settle any dispute promptly. If the dispute cannot be resolved within thirty (30) days following the date of a written notice of dispute, either party may propose to enter into alternative dispute resolution (ADR).
ADR may include mediation or arbitration conducted by a neutral and recognised entity, pursuant to its rules and procedures. The parties shall mutually agree upon the choice of ADR method and the governing rules. Any decision or award resulting from such ADR shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs in connection with the ADR process, and the parties shall equally share the fees and expenses of the mediator or arbitrator unless otherwise agreed by the parties or as directed by the arbitrator or mediator according to applicable rules.
Except where urgent interim relief is sought from a court, neither party may initiate formal legal proceedings until the ADR process has been concluded.

Notices

Where a party gives notice, it must be done in writing to the email address specified in the application form provided by the Member or support@MentalHealthHublink.com.au. The notice will be considered delivered on the date it was sent unless a delivery failure notice was received.

Entire Agreement

These Terms constitute Mental Health Hublink’s entire agreement with the Member about the subject matter. It supersedes all previous agreements, understandings and negotiations, whether written or verbal.

Governing Law

The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force where Mental Health Hublink is based. Mental Health Hublink and its Members submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

Execution and Counterparts

These Terms will become binding when the Member:

agrees to these terms including by clicking ‘I consent’ or ‘I agree’ or similar;
processes any payment for the Membership; and
commences the Membership.

Amendment or Variation

Mental Health Hublink reserves the right to amend or vary these Terms at any time, consistent with applicable laws and principles. Mental Health Hublink will provide reasonable notice to the Member of the changes. These changes will be effective as of the date the revised version of the Terms is posted onto the Website. Members are responsible for reviewing these Terms prior to entering into the Membership and periodically throughout their use of the Membership.
A Member’s continued engagement with the Membership will be deemed acceptance of any amendments and/or variations to these Terms.

Validity

If any provision of these Terms is held invalid or unenforceable, it will either be severed from these Terms or replaced by a valid or enforceable provision. If applicable, any new provision will take effect immediately. All other provisions will remain in effect throughout.

Assignment

The Mental Health Hublink Member is not permitted to assign these Terms or otherwise deal with any rights under them without prior written consent. Conversely, Mental Health Hublink reserves the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without the Members consent.

Interpretation

All headings are for ease of reference and do not affect the interpretation of these Terms. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.