1. Introduction
1.1. These Terms and Conditions (“Terms”) govern your access to and use of MentalHealth.net.au (the “Website”), which is owned and operated by About Time Too Pty Ltd (“we,” “us,” or “our”).
1.2. By accessing or using the Website, you agree to be legally bound by these Terms, including our Privacy Policy. If you do not agree with these Terms, you must not use our Website.
1.3. We reserve the right to amend these Terms from time to time without prior notice. Your continued use of the Website following any changes indicates your acceptance of the amended Terms.
2. Ownership and Operation
2.1. The Website is operated by About Time Too Pty Ltd, an Australian business.
2.2. The Website may contain links to third-party affiliate programs, such as Google Adsense, eBay Partner Network, and Amazon. We may earn commissions when you click on or make purchases through such affiliate links.
3. Purpose of the Website
3.1. The Website provides an online directory of mental health professionals and related informational content. This includes (but is not limited to) listings of counsellors, psychologists, psychotherapists, social workers, occupational therapists, and psychiatrists in Australia.
3.2. The information on the Website is provided for informational purposes only. It is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider regarding any medical or mental health condition.
4. Eligibility to Use
4.1. The Website is for use by residents of Australia, aged 18 years or older.
4.2. To list as a professional in our directory, you must be a practicing member of an approved Australian professional association or statutory registration body (e.g., AHPRA, ACA, APS, AASW, OTA, RANZCP, etc.), unless otherwise stated.
5. Australian Consumer Law
5.1. No Exclusion of Statutory Guarantees
- Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable legislation.
5.2. If any provision of these Terms is invalid under Australian consumer protection laws, that provision will be severed and the remainder of these Terms will continue to apply.
6. Medical Disclaimer
6.1. Not a Substitute for Professional Advice
- The content on this Website, including directory listings and articles, is provided for general informational purposes only. It is not professional medical or mental health advice.
6.2. No Provider-Patient Relationship - Your use of the Website does not establish any provider-patient relationship with us or any of the listed professionals.
6.3. User Responsibility - You are solely responsible for evaluating and verifying the credentials and suitability of any healthcare professional you find through the Website.
7. Directory Content Submission
7.1. Submission Guidelines
- When submitting content (e.g., therapist profiles, articles, listings), you agree that all information is accurate, current, and not misleading.
- You must have the legal right to represent the business or practice you are listing.
7.2. License Grant - By submitting content, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the operation, marketing, and improvement of our services.
7.3. Prohibited Content - You agree not to submit content that is illegal, defamatory, infringing, or otherwise harmful. We reserve the right to remove any content that violates these Terms or is deemed inappropriate at our sole discretion.
8. Intellectual Property and Copyright
8.1. Original Content Requirement
- By submitting any text, images, or other material (“User Content”) to the Website, you represent and warrant that it is your original work or that you have obtained the necessary rights or licenses to submit it.
8.2. Prohibited Infringement - You must not upload or post any content that infringes the copyright, trademark, patent, trade secret, or other proprietary rights of any third party.
8.3. Notification and Removal of Infringing Material - We reserve the right (but have no obligation) to remove or disable access to any User Content alleged to be infringing. If you believe your rights have been infringed, please contact us with specific details, and we will investigate.
8.4. Indemnification - You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from any third-party claim alleging that your User Content infringes any intellectual property right.
9. Fees, Payments, and Refunds
9.1. Pricing and Specifications
- All prices and specifications are correct at the time of uploading to the Website. We reserve the right to update prices and specifications at any time without prior notice.
9.2. Monthly Subscriptions - If you have a monthly subscription, you may cancel at any time. No further payments will be taken from the next billing cycle.
- We do not offer prorated refunds for any unused portion of the current billing period.
9.3. Annual Subscriptions - We offer a 14-day money-back guarantee for new annual subscriptions. If you are not satisfied within 14 days of purchase, you may request a full refund.
- After the 14-day period, no refunds will be issued for the remainder of the annual term or after renewal if you cancel.
9.4. Additional Advertising or Promotional Payments - Fees for advertising, featured listings, or other promotional services are non-refundable unless explicitly stated otherwise.
- These services are separate from subscription fees.
9.5. No Performance Guarantees - We make no guarantees regarding the performance or results (e.g., increased client inquiries or revenue) of any listing, advertisement, or promotional service.
- Any statements about potential outcomes are estimates only, not guarantees of success.
9.6. No Refunds for Fraudulent Listings or Claims - We have a strict policy against fraudulent listings. Any listings found to be fraudulent, claimed or submitted under false pretenses will be removed immediately without notice.
- No refunds will be issued for listings removed due to fraudulent activity or false information.
10. No Warranty and Limitation of Liability
10.1. Website Provided “As Is”
- The Website is provided “as is” and “as available” without any warranties of any kind, express or implied, to the fullest extent permissible by law.
10.2. No Warranty of Uninterrupted Service - We do not warrant that the Website will be uninterrupted, error-free, virus-free, or that defects will be corrected.
10.3. Limitation of Liability - To the fullest extent permitted by Australian law, we exclude all liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Website.
- This includes, without limitation, any loss of profits, business interruption, or damage to goodwill.
10.4. Indemnity - You agree to indemnify and hold us harmless against any claims, damages, or losses arising from your use of the Website, your breach of these Terms, or your infringement of any third-party rights.
11. Privacy and Data Protection
11.1. Compliance with Australian Privacy Law
- We comply with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles in handling personal information.
11.2. Privacy Policy - Please refer to our separate Privacy Policy for details on how we collect, use, and store personal data. By using the Website, you consent to our data practices as described therein.
11.3. Payment Information - Any payment details you submit are securely processed by our payment provider and will not be shared with third parties other than for the purpose of processing your payment.
12. Third-Party Websites and Affiliates
12.1. External Links
- The Website may contain links to external or third-party websites. We do not endorse or accept responsibility for the content, products, or services of those sites.
12.2. Affiliate Relationships - We may earn commissions from purchases made through affiliate links on this Website. This does not affect the price you pay and does not constitute our endorsement of those products or services.
13. Governing Law and Jurisdiction
13.1. These Terms are governed by and construed in accordance with the laws of Queensland, Australia.
13.2. You and About Time Too Pty Ltd submit to the exclusive jurisdiction of the Queensland courts for any disputes arising out of or relating to these Terms or your use of the Website.
14. Amendments and Termination
14.1. Amendments
- We may amend or update these Terms at any time without prior notice. The latest version will be posted on the Website. Your continued use of the Website following amendments indicates your acceptance of the revised Terms.
14.2. Termination - We reserve the right to terminate or suspend your access to the Website and its services at our sole discretion, including for any breach of these Terms.
15. Contact Information
15.1. If you have any questions, concerns, or need assistance regarding the Website, these Terms, or your listing, please contact us at:
PO Box 477, The Gap, Brisbane 4061 Australia
Last Updated: 14 February 2025