Terms of Use

Mind Momentum – Online & Phone Counselling Consultations

For the purpose of this agreement, “Online Counselling” refers to any client – counsellor consultation that is carried out by secure online video, online live chat service, or telephone / mobile phone counselling sessions.

Please read the following terms of use carefully.

By making an online consultation purchase, you are agreeing to these terms of use.

Each time you use Mind Momentum online counselling you are agreeing to these terms of use.

1. Terms of Use

Online counselling is not appropriate for you if:

• You are suicidal or at risk of harming yourself or others

• You have been diagnosed with a psychiatric condition, or suffer psychosis

• You are under the influence of alcohol or other drugs

• You are under the age of 18 years

If you meet any of the above, we apologise for being unable to support you. If you are in Australia, and you need emergency assistance, please call 000.

Alternatively, if you would like other counselling support please contact www.lifeline.org.au or www.beyondblue.org.au

2. Our Service

2.1. The information on this web site is the property of Mind Momentum, unless otherwise stated. For comments or corrections to this website, please contact Mind Momentum.

2.2. Mind Momentum is not a medical or health information site. Any questions about medical treatment should be discussed directly

with your doctor or health care professional. Any choices made and/ or any action taken by you as a consequence of counselling

provided by Mind Momentum is wholly at your choice and is and remains your responsibility. Mind Momentum does not accept any liability or responsibility for any loss, damage and/or injury suffered nor for any action or inaction by you as a consequence of the consulting.

3. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our privacy policy.

4. Security and Confidentiality

4.1 Security: Mind Momentum does its best to protect counselling emails from security breaches. However, users should be aware that

there are inherent risks in transmitting information across the Internet. Information submitted via email or web forms may be at risk of being intercepted or read.

4.2. Confidentiality: Mind Momentum counsellors are not observed by anyone else when reading or writing emails to you. Counsellors may print and keep on your file a copy of the transcripts of sessions. All records are stored securely, in the same manner as face-to-face counselling files. E-mail communications will not be given to others without your written consent.

4.3 Limits to Confidentiality: Mind Momentum reserves the right to report the appropriate authorities, such as police, emergency services, or Family and Community Services (FACS), situations where a client or associate of the client is judged to be at risk of self-harm, or of harming others, especially if a child under 16 years is at risk. Counsellors are obliged to report to police information received about the commission of a criminal act.

4.4 Our website contains links to other websites: Mind Momentum is not responsible for the privacy practices or the content of such websites.

4.5 Ethics and Professional Guidelines: Counsellors, in providing online services, shall adhere to the relevant professional Code of Ethics and Code of Conduct as provided by the Australian Counselling Association.

4.6. Cancellation Policy: You may cancel your online consultation via Mind Momentum’s website for a refund, following payment, only if you have requested cancellation at least 48 hours prior to the scheduled consultation time that has been agreed upon.

4.7 Complaints: If you have a complaint, email Mind Momentum with your contact number within 7 days of the receipt of your last service with Mind Momentum. You will be contacted to discuss the complaint and negotiate a fair outcome.

5. Your Responsibilities

5.1 Purchase of Online Counselling Consultation: In order to use the online counselling service of Mind Momentum, you must pre-pay the amount for this service. You agree to provide truthful information when requested. Each time you make a purchase and/ or use the service, you explicitly agree to the Terms of Use in this document.

5.2 Your E-mail address: It is your responsibility and at your discretion to keep the privacy and confidentiality of the counselling emails reserved from Mind Momentum counsellors into your specified email address.

5.3 Confidentiality of your data: You are responsible for keeping the confidentiality of any content you download onto your computer or print out. It is your responsibility to delete or keep safe emails and transcripts of online conversations. You should be aware that even deleted files can still be accessed.

5.4 Your Conduct: When using our online counselling service, you have responsibility for:

• Conducting your session in a way that will maximise your ability to benefit from it (eg: not be under the influence of alcohol or other drugs)

• Giving the counsellor relevant information in order for her to help you

• Behaving in a respectful manner while online / e-mailing. We do not tolerate any abusive behaviour and reserve the right to terminate the service if this is the case.

6. Intellectual Property Rights: The materials accessed from, or via this website are protected under Australian and international copyright laws. You are allowed to view the content online or print a copy for your personal records, but you may not otherwise copy or change the materials, and must not modify, communicate, sell or otherwise deal with the materials. You must not interfere with any copyright notice, or interfere with or commercially use any trademark, logo or design, or name (including business name and domain name), appearing on this website or in the content accessed through our website.

7. Disclaimers

7.1 You agree to access and use the Mind Momentum web site and support emails and other communication entirely at your own risk. We exclude all liability for damage or loss (including loss of profits or income, business interruption, and loss or corruption of data or other information) arising as a result of your access to or use of the Mind Momentum web site to the full extent allowed by law; and we retain all our options under the law as to how we may discharge our obligations with regards to any liability that cannot be lawfully excluded under these terms and conditions. Privacy and confidentiality is important to us because we want you to feel safe that your personal information will not be forwarded to any third party. Only you and your counsellor will have access to the emails exchanged. Mind Momentum takes ethics and confidentiality seriously and are bound by the professional codes outlined by the Australian Counselling Association. Exceptions to the rule: These situations are rare, but you must be informed of them. There are certain circumstances where your information will need to be submitted to the appropriate authorities. They are:

• If there is a danger of you harming yourself or your life is under threat.

• If there is a danger that someone else will be harmed or whose life or lives are in danger

• If you are engaged in a serious illegal offence

• If the courts subpoena your files or if there is a warrant by a law enforcement agency to inspect the Internet service provider’s logs.

8. Archiving your information: This is a standard practice for counsellors and psychologists, required by law. We need to archive your information in a secure and locked section, either electronically or in a locked physical cabinet for a period of 7 years after the last client contact. After this time, the file can then be destroyed or electronically deleted.