NOMADIC PSYCHOLOGY – PRIVACY POLICY

Nomadic Psychology Operating Pty Ltd (ABN 35 655 591 168) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our online and face-to-face psychology services to you (Services) or when otherwise interacting with you. 

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

Identity Data including first name, last name, title, gender and marital status. 

Contact Data including billing address, email address and telephone numbers.

Financial Data including bank account and payment card details (through our third party payment processor, Stripe or Pay Pal).

Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.

Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

Profile Data including purchases or orders you have made with us, support requests you have made, content you post, send receive and share through our platform, your interests, preferences, feedback and survey responses.  

Interaction Data including information you provide to us when you participate in any interactive features of our Services, including surveys, contests, promotions, activities or events.  

Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience. 

Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. The types of sensitive information we collect include:

  • your Medicare number (if you are referred to us under a mental health plan);
  • your private health fund details including name and number (where applicable); and 
  • your health information including detailed information about your health, medical and mental health history. 

Unless otherwise permitted by law, we will not collect sensitive information about you without first obtaining your consent. 

How we collect personal information

We collect personal information in a variety of ways, including:

Directly: We collect personal information which you directly provide to us, including when you book a consultation with us, through the ‘contact us’ form on our website or when you request our assistance via email, or over the telephone.

Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.

From third parties: We collect personal information from third parties, such as details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

Why we collect, hold, use and disclose personal information

We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.

 
Purpose of use / disclosure
Type of Personal Information
To enable you to access and use our software, including to allow you to book a consultation with us.
Identity Data
Contact Data
To provide our Services to you, including to manage your appointments.
Identity Data
Contact Data
To contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us.
Identity Data
Contact Data
Profile Data
To contact and communicate with you about any enquiries you make with us via our website.
Identity Data
Contact Data
For internal record keeping, administrative, invoicing and billing purposes.
Identity Data
Contact Data
Financial Data
Transaction Data
For analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms.
Profile Data
Technical and Usage Data
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.
Identity Data
Contact Data
Technical and Usage Data
Profile Data
Marketing and Communications Data
To run promotions, competitions and/or offer additional benefits to you.
Identity Data
Contact Data
Profile Data
Interaction Data
Marketing and Communications Data
If you have applied for employment with us; to consider your employment application.
Identity Data
Contact Data
Professional Data
To comply with our legal obligations or if otherwise required or authorised by law. 
Any relevant Personal Information
Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes:
any purposes you consent to;
the primary purpose for which it is collected, such as to provide the Services to you;
secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to provide our Services to you; 
to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and
if otherwise required or authorised by law. 
Sensitive Information
Our disclosures of personal information to third parties

We may disclose personal information to:

  • our employees, contractors and/or related entities;
  • our practice management software Clinko to manage your appointments, our clinical records and our correspondence with or related to you; 
  • IT service providers, data storage, web-hosting and server providers such as Oncord;
  • marketing or advertising providers;
  • professional advisors, bankers, auditors, our insurers and insurance brokers;
  • payment systems operators such as Stripe;
  • our existing or potential agents or business partners;
  • sponsors or promoters of any promotions or competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; 
  • third parties to collect and process data, such as other relevant analytics businesses; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.

Overseas disclosure

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us. 

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us. 

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you also have the right to contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. 

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

TICEHURST, ANDREW T/A NOMADIC PSYCHOLOGY (ABN 18 380 424 312)

Email: support@nomadicpsychology.com.au

Last update: 25 January 2023



Nomadic Psychology Terms and Conditions

Welcome! We offer online and face-to-face consultations with our psychologists to improve your mental health (Services). 

We provide psychology and mental health services only. If you require immediate medical attention, contact your treating general practitioner or call 000. If you are suffering from depression, anxiety, self-harm, suicidal thoughts, abuse or addiction, please seek help immediately by calling support agencies, such as Lifeline Australia on 13 11 14 or visit www.lifeline.org.au.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person, is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services. 

These terms and conditions (Terms) are entered into between Nomdic Psychology Operating Pty Ltd T/A Nomadic Psychology (ABN 35 665 591 168) (we, us or our) and you, the person accepting these Terms through our Site, together the Parties and each a Party.

1. Acceptance

1.1 You accept these Terms by accepting these Terms on our website https://www.nomadicpsychology.com.au/ (Site).

1.2 If you are using the Site on behalf of a person who is under 18 years old, or is 18 years or older but does not have the mental capacity at law to enter into these Terms (Dependent), you agree to ensure that the Dependent will comply with these Terms.

2. Use of the Site 

2.1 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
  3. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  4. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
  5. facilitating or assisting a third party to do any of the above acts.

2.2 You acknowledge and agree that the Site may be reliant on, or interface with third party systems that are not provided by us (for example, patient management systems, cloud storage providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Site due to a failure of the Third Party Services.

2.3 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.

3. Consultations

3.1 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel. 

3.2 You may request an online or face-to-face consultation (Consultation) via our Site or by any other means agreed between the Parties (Booking Request). You will be able to choose from the available times set out on our Site to book in the date and time which suits you. We may, at our absolute discretion, accept or reject a Booking Request. 

3.3 If we accept your Booking Request, a booking will be created (Booking) and will be subject to these Terms. 

3.4 Upon your Booking being created, we will send you a booking confirmation via email, telephone and/or SMS setting out the details of your Consultation, including where you have elected for an online Consultation, a link to access an online meeting room at the scheduled date and time of your Consultation. 

3.5 You acknowledge and agree that the Consultation will be conducted using third party software such as Zoom or Cliniko (Third Party Software), and by attending the Consultation, you accept any terms and conditions set by the relevant Third Party Software. To the maximum extent permitted by law, we shall have no liability for any Third Party Software, or any unavailability of or delay in providing the Consultation due to a failure of the Third Party Software.

3.6Prior to attending your Consultation, you may be required to provide us with details relating to your medical and mental health history, and any other information we reasonably require in order to make informed recommendations regarding your mental health. Any information you provide to us will be treated in accordance with our Privacy Policy.

3.7 You represent, warrant and agree that any information you provide to us in relation to, as well as before, during and after a Consultation, is true, correct and complete. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any false or inaccurate information you provide to us in accordance with this clause 3. 

4. Payment

4.1 You agree to pay us the Fees based on the option selected by you as set out on the Site (including selected payment method), in accordance with this clause 4. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated) 

4.2 The payment methods we offer for the Fees are set out on the Site. We may offer payment through a third-party provider, for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

4.3 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

4.4 If any payment has not been made as set out on the Site or in accordance with these Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under this Agreement or at law):

  1. after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
  2. charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date set out on the Site. 
5. Rescheduling and Cancellation of Consultations

5.1 We appreciate that from time-to-time, life gets in the way, and a Party may need to reschedule a Consultation. Either Party may reschedule a scheduled Consultation by providing the other party with at least 2 Business Days’ notice.

5.2 We will use our best endeavors to reschedule sessions where you provide us with at least 2 Business Days’ notice or, if that is not possible, refund the Fees. 

5.3 If you provide us with less than 48 hours’ notice that you would like to reschedule or cancel your Consultation, we may not be able to accommodate you and you will not be refunded the Fees. You agree that this is a genuine pre-estimate of our loss due to us keeping the session time open for you and not being able to rebook with any other client.

5.4 Subject to clause 11, if we cancel a Consultation, you will be refunded the Fees. 

5.5 If you are late to a Consultation, you acknowledge and agree that the length of the Consultation you receive may be reduced. You will still be charged the full Fees for the Consultations. 

6. Warranties and Representations

6.1 You represent, warrant and agree:

  1. to comply with these Terms and all applicable Laws;
  2. that there are no legal restrictions preventing you from entering into these Terms;
  3. that all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  
  4. to comply with our reasonable requests or requirements;
  5. you will not use our Site, including Our Intellectual Property, in any way that competes with our business; and
  6. that you will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services.
7. Intellectual Property

7.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Site, the Site itself, and any algorithms or machine learning models used on the Site (Our Intellectual Property) will at all times vest, or remain vested, in us.

7.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.

7.3 You must not, without our prior written consent:

  1. copy, in whole or in part, any of Our Intellectual Property;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  3. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

7.4 This clause 7 will survive termination or expiry of these Terms.

8. Confidential Information

8.1 Subject to clause 8.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other party.

8.2 Clause 8.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the disclosing party ensures the adviser complies with the terms of clause 8.1.

8.3 This clause 8 will survive the termination of these Terms.

9. Australian Consumer Law

9.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in this Agreement excludes those Consumer Law Rights.  

9.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  

9.3 Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis, except where expressly set out in this Agreement.

9.4 This clause 9 will survive the termination or expiry of this Agreement.

10. Limitations on liability

10.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law: 

  1. neither Party will be liable for Consequential Loss;
  2. a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
  3. (in respect of any failure by us to comply with relevant Consumer Law Rights) our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again.  
  4. our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.  

10.2 This clause 10 will survive the termination or expiry of this Agreement.

11. Term and Termination

11.1 These Terms commence on the date you accept these Terms and will continue until we have completed the provision of the Services, unless terminated earlier in accordance with this clause 11. 

11.2 Either Party may reschedule or cancel a Consultation in accordance with clause 5. 

11.3 Either Party may terminate these Terms at any time by giving 30 days’ notice in writing to the other Party.

11.4 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.

11.5 Upon expiry or termination of these Terms:

  1. we will immediately cease providing the Services;
  2. where these Terms are terminated by us in accordance with clause 11.3, we will refund you any amounts paid by you to us for Services not actually rendered by us;
  3. you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
  4. by us pursuant to clause 11.4, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
  5. upon request, a Party must destroy or return the confidential information of the other Party, except for any confidential information required to be maintained by law.

11.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.  

11.7 This clause 11 will survive the termination or expiry of this Agreement.

12. General 

12.1 Publicity: Despite clause 8, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

12.2 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988(Cth) and any other applicable legislation or privacy guidelines.

12.3 Amendment: These Terms may only be amended by written instrument executed by the Parties.

12.4 Assignment: Subject to clause 12.5, a Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 

12.5 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

12.6 Disputes:  A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity, or termination) (Dispute) without first complying with this clause 12.6. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute Notice). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute. If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

12.7 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

  1. as soon as reasonably practical, notifies the other party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
  2. uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

Where the Force Majeure Event prevents a Party from performing a material obligation under this agreement for a period in excess of 60 days, then the other Party may by notice terminate this Agreement, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement. 

12.8 Governing law: This Agreement is governed by the laws of Australian Capital Territory.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Australian Capital Territory and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

12.9 Notices: Any notice given under this Agreement must be in writing addressed to the addresses set out in this Agreement, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

12.10 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

13. Definitions 

In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time. 

Agreement means these terms and conditions and any agreed Order issued under it and any documents attached to, or referred to in, each of them. 

Business Day means a day on which banks are open for general banking business in Australian Capital Territory, excluding Saturdays, Sundays and public holidays.

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: 

  1. any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into this Agreement as the probable results of the relevant breach, act or omission; and/or
  2. without limiting subclause (a), any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.

However, the Parties agree that your obligation to pay us the Fees under this Agreement will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 9.1.

Dispute has the meaning given in clause 12.6.

Fees means the purchase price for the Services as set out on the Site. 

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trademarks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable. 

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with this Agreement or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with this Agreement or the supply of the Services, whether before or after the date of this Agreement and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.

Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Services means the services set out on our Site, including the Consultation and as adjusted in accordance with these Terms.

Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not connected to this Agreement) and/or developed by or on behalf of you or your Personnel independently of this Agreement and any improvements, modifications or enhancements of such Intellectual Property.