Last updated on 28 November 2023

Psychology Squared Pty Ltd

“Psychology Squared”

ABN 16 638 041 719

TERMS AND CONDITIONS FOR BUYING PACKAGES AND JUST BROWSING

Welcome to Psychology Squared.

In these terms, we also refer to Psychology Squared as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being psychologysquared.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase packages through this Website, which may include educational material provided by way of PDF (“Material”), one-off or weekly online seminars (“Webinars”), and any other types of packages we provide on our Website from time to time which may contain a single product or multiple products (collectively, “Packages”).

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

· Part A: Terms for when you buy Packages (applies when you buy)

· Part B: Terms for when you browse and interact with this Website (applies when you browse)

· Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Packages unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Packages. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Packages. You can check the date at the top of this page to see when we last updated these terms.

Part A  For When You Buy Packages…

1 SUBMITTING AN ORDER

(a)  By submitting an order for purchase of a Package using the Website’s functionality (Order) you represent and warrant that:

(i)    you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii)   you are authorised to use the debit or credit card you provide with your Order.

(b)  Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Packages you have ordered in exchange for your payment of the total amount listed upon checkout.

(c)  Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

(d)  To submit an Order, you may be required to provide personal information and details, such as your email address, first and last name, billing addresses, mobile phone number, payment information, and other information as determined by us from time to time. You warrant that any information you give to us will always be accurate, honest, correct and up-to-date.

2   PACKAGES

2.1  ACCESS TO PACKAGES

(a) Our Packages contain educational tools and materials designed for use by provision psychologists, psychology students, clinicians and supervisors. It is your responsibility to ensure that the Package you have selected is right for your purposes.

(b) Your Package includes the inclusions set out at the time of placing an Order. We will endeavour to ensure that any Package provided will be substantially the same as the Package as described on our Website.

(c) Some Packages include Webinars, which may be live via an online conferencing platform, or pre-recorded and sent to you.

(d)  If your Package includes a live Webinar:

(i)   it is your responsibility to attend the Webinar on time, and you will not be entitled to attend a substitute Webinar if you fail to attend the Webinar you are registered to attend; and

(ii)   we will endeavour to provide you with a recording of the Webinar once concluded, however we do not make any guarantees in this regard. In the event of a failure to record your Webinar, we will endeavour to provide you with a recording of a similar Webinar conducted on an earlier occasion.

2.2 LICENCE TO USE PACKAGES

(a)  You are granted a limited licence to use the Packages for your own personal and professional use. You must not resell any part of the Packages to any third party or provide access to the Packages any third party.

(b)  We may revoke your licence granted in accordance with clause 2.2(a) if we suspect, for any reason, that you are misusing the licence. For example, we may revoke your licence if (without limitation) you:

(i)  distribute the Packages to other people;

(ii)  make commercial use (in the form of resale) of or infringe our intellectual property rights in the Packages; or

(iii)  do not comply with these terms.

3 MEMBERSHIPS

(a)  We may, from time to time, offer a subscription-based membership (Membership) as a type of Package through our Website.

(b)  Your Membership:

(i)  will include the Material as set out at the time of signing up for your Membership;

(ii)  will continue to renew indefinitely each month, unless you notify us that you wish to cancel your Membership prior to the end of the then-current month; and

(iii) will incur the monthly fees as set out at the time of signing up for your Membership (Membership Fees).

(c) You must pay the Membership Fees in the amounts and at the times specified at the time of signing up for your Membership.

(d)  We will not pay any charge back amount if you fail to cancel your Membership in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Membership. We may submit periodic charges for the Membership Fees without further authorisation from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our Website.

4 DISCLAIMERS

(a) (Codes) It is your responsibility to ensure that in purchasing a Package and using any of our services, you comply with any relevant laws and regulations, including ethical and academic obligations imposed by the APS Code of Ethics and AHPRA (Codes). You indemnify us for any loss, damage or disciplinary action you may incur as a result of breaching any applicable Codes.

(b)  (No Advice) While the Packages have been prepared with every effort to help you, we do not provide professional advice. Any information provided as part of our Packages, including any materials provided to you, is not intended to be professional advice of any kind and should not be relied on as such.

(c) (Results not guaranteed) While we have used our best endeavours to ensure that the Packages are suitable for your purposes (whether it be treatment outcomes, meeting your supervisor’s requirements or AHPRA requirements, depending on the type of Package you select), we cannot make any guarantees in this regard and do not promise any specific outcomes as a result of purchasing a Package or taking part in our services. .

5  PAYMENT

(a)  All prices are:

(i)  per unit (except where indicated);

(ii)  in Australian Dollars; and

(iii)  subject to change prior to you completing an Order without notice.

(b)  (Payment obligations) Unless otherwise agreed in writing, you must pay for all Packages at the time of placing an Order.

(c)  (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Psychology Squared, you must pay the GST subject to Psychology Squared providing a tax invoice.

(d) (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e)  (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Packages, currently Stripe, PayPal, Apple Pay and Afterpay. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f)  (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

6 CHANGES TO YOUR ORDER

6.1  CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

6.2  CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you.

6.3  REFUNDS

(a)  Except as otherwise set out in our Money Back Guarantee at clause 6.3(b) below, we generally do not offer refunds on any of our Packages and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Packages that you think should entitle you to a refund and we’ll consider the situation.

(b) If you purchase a Package and you are not satisfied with the Package (acting reasonably), we are happy to offer you a full refund of the fees paid for that Package, on the condition that you contact us via our Website within 7 days of placing your Order (Money Back Guarantee).

(c) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law. If you are of the view that there is a fault with the goods or services provided by us, please contact us via our Website.

7  THIRD PARTY TERMS AND CONDITIONS

(a) We may use third party platforms (Third Party Platform) to provide some or all of the inclusions in a Package, including to conduct Webinars. If this is the case, third party terms & conditions (Third Party Terms) may apply.

(b) You agree to any Third Party Terms applicable to any third party goods and services.

(c)  You may be required to create an account with and/or download software from the Third Party Platform to access any inclusion in your Package.

(d) We will not be liable for any loss or damage suffered by you in connection with the Third Party Terms or with your use of the Third Party Platform, including any failure in the Third Party Platform’s functionality.

8  INTELLECTUAL PROPERTY

(a) We retain all intellectual property rights in the Packages, including the information, content and design (or those rights are owned by a third party). Unless otherwise agreed with us in writing, you must not attempt to copy, reproduce, manufacture or otherwise commercialise the Packages. Please get in touch with us if you would like to discuss alternate usage rights.

(b)  In this clause 8, “intellectual property rights” means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

(c)  Any Material contained in a Package is by way of example, for your learning or for illustrative purposes. You must not plagiarise any Material produced by Psychology Squared.

(d) You must include any accreditations (such as our name, logo and design elements) as directed by us to you in respect of any Material provided as part of a Package.

Part B: For When You Browse This Website…

9  ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

10  YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Psychology Squared;

(b)  use the Website for any purpose other than the purposes of browsing, selecting or purchasing Packages;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f)  act in a way that may diminish or adversely impact the reputation of Psychology Squared, including by linking to the Website on any other website; and

(g)  attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

11 POSTING COMMENTS          

(a)  As part of your use of the Website, you may have the functionality to post a comment on blog posts and other information we provide (Comment).

(b) If you post a Comment, you represent and warrant that:

(i) the Comment is accurate and true at the time it is provided;

(ii) the Comment is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

(iii) the Comment does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(iv) the Comment does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system;

(v)  the Comment does not breach or infringe any applicable laws; and

(vi) the Comment does not breach the APS Code of Ethics or any AHPRA standards, including that the Comment does not contain any testimonials on the Packages, Psychology Squared or any of our personnel.

(c) We act as a passive conduit for the online distribution of Comments and have no obligation to screen Comments in advance of them being posted. However, we may, in our absolute discretion, review and remove any Comments at any time without giving any explanation or justification for removing the relevant Comment.

12 INFORMATION ON THE WEBSITE

(a)  While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii)  the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

13 INTELLECTUAL PROPERTY

(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by us not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Psychology Squared or as permitted by law.

(c)  In this clause 13, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

14 THIRD PARTY TERMS AND CONDITIONS

(a)  You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.

(b) You agree to any Third Party Terms applicable to any third party goods and services, and Psychology Squared will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

15 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

16 THIRD PARTY PLATFORM

(a)  This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b)  To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

17 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

18 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C: Liability And Other Legal Terms

19 LIABILITY

(a)  (Liability) To the maximum extent permitted by applicable law, Psychology Squared limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Psychology Squared to the total Fees paid by you to Psychology Squared under the most recent Order.

(b)  All other express or implied representations and warranties in relation to Packages and the associated services performed by Psychology Squared are, to the maximum extent permitted by applicable law, excluded.

(c)  Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(d)  (Indemnity) You indemnify Psychology Squared and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:

(i) breach of any of these terms;

(ii) use of the Website;

(iii) negligent, wilful, fraudulent or criminal act or omission; or

(iv) use of any goods or services provided by Psychology Squared.

(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Psychology Squared be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Packages or services provided by Psychology Squared (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

20 GENERAL

20.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

20.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5  ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

20.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

20.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

20.8 INTERPRETATION

(a)  (singular and plural) words in the singular includes the plural (and vice versa);

(b)  (currency) a reference to $, or “dollar”, is to Australian currency;

(c)  (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e)  (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f)  (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

21  NOTICES 

(a)  Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 

(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 

(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

22. It is acknowledged that AI may be used in the production of Psychology Squared resources and that by using Psychology Squared resources you agree to our AI standards accessible here: https://psychologysquared.com.au/ai-standards

23. Other sources used may be obtainable here