These terms and conditions govern your use of our website located at www.groundedcare.co ('the Website').
Please read these terms and conditions carefully before you begin using the Website. You acknowledge and confirm that you have read and understood these terms and conditions and agree to abide by these terms and conditions. If you do not agree to any of the terms and conditions, you must not use the Website.
1. Definitions
Booking means a scheduled appointment with a Therapist booked by you via Grounded Therapy Platform.
Services mean the provision of telehealth services through either video conferencing, phone or through the Grounded Therapy Platform, or in-person mental health services provided by the Therapist.Session means any occurrence of an appointment booked by you or a Therapist for you to receive any of the Therapist's Services.Grounded means Grounded Int Pty Ltd, the owner of all intellectual property and services provided on the website and platform.
Grounded Therapy Platform or Website means the online platform or internet website through which the services are provided to you being comprised within the domain www.groundedcare.co or as may be changed or updated from time to time.
Therapists mean therapists including but not limited to Psychologists providing Services to you via either video conferencing on the website.Third-Party Dispute Service means a third-party dispute resolution service provider used to resolve any disputes between parties.References to you or your include people you are representing or have the consent to act on the behalf of including as agent, parent or guardian.
2. Platform Software License
Your use of the Grounded Therapy Platform is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is provided by email primarily and is a benefit for you, but is not a right of yours.
You understand and accept that the Grounded Therapy Platform uses third-party vendors and hosting services to provide the hardware, software, networking, storage, and related technology required to run the Grounded Therapy Platform.
You shall not reproduce, duplicate, copy, sell, resell or exploit the whole or any part of the Website.
You expressly understand and agree that as regards the use of the Website shall not be liable for any loss of income or profits, loss of contracts, loss of goodwill, loss of data, or other intangible losses or for any indirect or consequential loss or damage.
3. Nature of Service
You understand, agree and acknowledge that Services facilitated by Grounded may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers. The Service is not an acute service. In cases of emergency, please contact public emergency services immediately by dialling “000” by telephone. Grounded is not responsible for any loss, damage, cost, expense, action, claim, demand, proceeding, injury or liability suffered by any person as a result of a failure by you or any other person to contact public emergency services.If you are thinking about suicide, if you are considering taking actions that may cause harm to you or to others, if you feel that you or any other person may be in any danger, or if you have any medical emergency, you must immediately “000” and notify the relevant authorities. You can also contact Lifeline 24 hours a day on 13 11 14 or alternatively obtain resources from Lifeline at www.lifeline.org.au
Emergency: 000
Lifeline.org: https://www.lifeline.org.au/Get-Help/Online-Services/crisis-chat
LifeLine Australia: 13 11 14
YourLifeCounts.org: https://yourlifecounts.org/find-help/
Beyond Blue https://www.beyondblue.org.au/get-support/get-immediate-support
4. Therapists
Grounded operates the Grounded Therapy Platform solely as an introductory service and we take no part in the provision of psychology, healthcare or any other medical services. Grounded’s Therapists are independent Therapists who are neither our employees, nor agents, nor representatives. Grounded’s telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Therapists who provide them. If you feel the Services provided do not fit your needs or expectations, you may change to a different Therapist who provides services through Grounded.Grounded requires every Therapist on the Grounded Therapy Platform providing telehealth services to be an accredited, trained, and experienced practitioner with an applicable recognised professional certification based on their state and/or jurisdiction.
For India based Therapists
We require every Therapist providing Therapist Services on the Platform to be an accredited, trained, and experienced licensed psychologist (minimum MPhil) or similar applicable recognized professional certification based on their jurisdiction. Therapists must have a relevant academic degree in their field, at least 5 years of experience, at least 1,000 hours of hands-on experience, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
For all Therapists
The Therapists are independent providers who are neither our employees nor agents nor representatives. The Platform's role is limited to enabling the Therapist Services. The Therapists themselves are responsible for the performance of the Therapist Services. If you feel the Therapist Services provided by the Therapist do not fit your needs or expectations, you may change to a different Therapist who provides services through the Platform. While we have a large database of Therapists, you should note that because of licensure requirements that differ from jurisdiction to jurisdiction, not all Therapists available on our database will be available for you to match with, or at any particular time, or for any set period of time. If a Therapist you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Therapist is no longer on the Platform and that you have the opportunity to match with a new Therapist.
While we hope the Therapist Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone's needs and that they may not be appropriate for every particular situation and/or a substitute for certain mental health needs that might require in-person therapy services, such as active withdrawal from certain substances or anorexia nervosa.
Therapists must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional boards after successfully completing the necessary education, exams, training and practice requirements as applicable. Grounded has a high standard for Therapist quality and reserves the right to change or require proof of qualifications. If you obtain services from the Therapists through the Grounded Therapy Platform, you are solely responsible for determining the suitability of the relevant Therapists for your particular needs. Grounded does not guarantee or warrant that the Website, the Grounded Therapy Platform, or the Services provided by any Therapist through the Website or via the Grounded Therapy Platform, are suitable or appropriate for any person.Therapists are bound by their Therapist Provider Agreements with Grounded. Therapists who have not agreed to their Therapist Provider Agreement agree to be bound by these terms and conditions and acknowledge that Grounded may remove their profile from the Website.
5. Account Creation
In order to use all of the Website’s features, you must create a user account and complete all mandatory fields. You must be eighteen (18) years of age or over to create a user account on the Website on your own behalf. If you are under 18 years of age, you must sign a parent consent form.When creating a user account on the Website, you agree to:provide complete and accurate information; keep personal information accurate and up to date at all times; not create more than one user account; not use another person’s account; must immediately notify Grounded of unauthorised use of your user account; not create a new user account if your account is disabled by Grounded; and remain responsible for maintaining the confidentiality of the password and user name required to access the user account.Grounded reserves the right to disclose your identity or other information provided when establishing a user account if required by law to do so. Grounded may alter any part of the user account if Grounded receives a legitimate complaint, or otherwise form the view (in Grounded’s sole discretion) that the content of the user account is inappropriate or offensive.Grounded reserves the right to terminate your access to the Website at any time in Grounded’s sole discretion, without notice.
You hereby confirm that you are legally able to consent to receive Therapist Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
Minor Consent: Where consent from a parent or guardian is required to receive Therapist Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Therapist Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Therapist Services remains valid until membership is canceled.You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Therapist Services, are for your own personal use only and that you are not using the Platform or the Therapist Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Therapists and us.If you receive any file from us or from a Therapist, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Therapist Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
6. Price and Billing Policy
Subscription plan:
The price of all Services provided on the Grounded platform is subject to a standard subscription plan with possibility of add ons. You will be billed monthly (every 4 weeks) for your plan.
You can cancel the subscription to the service at any time for any reason. Your subscription will be renewed automatically. Your membership must be canceled before it renews in order to avoid the next billing cycle. All reasonable steps will be taken by Grounded to ensure that you will be notified of changes to the subscription fees.
Once a month consultations - $89
Bi weekly consultations - $160
Weekly consultation - $320
Add on: Couples and family therapy +$60 per session on top of plan
The client can pause their plan where their remaining credits stay in their account for up to 6 months. After that period, if the subscription is not deactivated, the credits will be withdrawn.
Plan start date:
Users plan and the billing cycle starts on the day they make the payment. The credits are valid for a “month” (30 days) from their plan start date.
Credits:
A user is entitled to credits per month depending on the subscription plan they have chosen:Once a month consultations - $89 - 1 credit per monthBi weekly consultations - $160 - 2 credits per monthWeekly consultation - $320 - 4 credits per month1 credit is worth $80. If a user does not use their credit within their billing month, $80 amount is rolled over to the month after as money credit
I.e if user is on weekly plan, the next month, they will be charged $240 instead of $320
Extended Consultations:
The client will be given a warning 5 minutes prior to the consultation concluding. In event the consultation runs longer than one hour or the client wishes to extend the consultation, the extra cost is as shown below: Up to 75mins - $20 add on
Up to 90mins - $40 add on
Up to 105mins - $60 add on
Up to 120mins - $80 add on
A pop up will appear 5 minutes before the end of consultation. Another pop up will appear at the end of the consultation for the client to approve the charge. This will be taken out of the next billing cycle.
Payment:
Payment for the services provided to you on the Grounded Therapy Platform will be taken from the Direct Debit/Credit Card information provided to the Website at the time of payment. You confirm and agree to use only Debit or Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information that you provide and will provide in the future, to or through the Website, is accurate, current and correct and will continue to be accurate, current and correct.You acknowledge and agree that:Grounded’s liability to you or any other person has not increased by virtue of the fact that Grounded collects a fee as part of any Booking;Grounded may require the use of any method of payment on the Website as Grounded decides in its sole discretion;all fees are payable in Australian Dollars, unless otherwise specified, and you are solely responsible and liable for the payment of any foreign exchange or currency conversion fee charged by Grounded’s third-party payment processor, or by your financial institution; andGrounded may introduce new fees for Bookings, at any time without prior notice to you.Unless otherwise expressly stated, all Fees and Bookings Fees are inclusive of Goods and Services Tax.
7. Cancellation and No Show Policy
Cancellation:
If you wish to change the date and/or time of a Session, provided you give at least 24 hours notice prior to the time of the appointment, you can choose a suitable alternative Session time and/or date. In the event that a Therapist is unable or unwilling to accept a change in the Booking, we will treat the Booking as cancelled by you and will refund you the full amount of the Booking. If you cancel or reschedule the Booking under 24 hour notice, you will lose the credit.If a Therapist wishes to change the date and/or time of a Session, in the event that you are unable or unwilling to agree to such change, Grounded will treat the Booking as cancelled by the Therapist and will refund you the credit.
No show:
It will be considered a no show if you haven't attended the consultation within 10 minutes of the session start time. If there is a no show from the client side, you will lose your credit.
If there is a no show from the therapist side, you will be able to reschedule your appointment.
8. Promotions
Grounded may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these terms and conditions and any other terms and conditions specified by Grounded.
9. Dealings with Therapists via the Website
Grounded does not itself provide any health service but merely provides the platform which enables you to access health services from Therapists.As the information appearing on the Website is provided to the Grounded Therapy Platform by the Therapists, Grounded will have no liability in respect of any loss or damage arising from:Therapist information which appears on the Website, including the manner in which the information is displayed or information which may be out of date or inaccurate.duplication of the Therapist names where two or more Therapists have the same name.Grounded is not an agent for any of the Therapists listed on the Website and Grounded has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Therapist, the timing of an appointment or the attendance at an appointment or quality of service provided by a Therapist.
Appointment availability and timeframes for responding to requests for therapy service are provided to Grounded Therapy Platform by Therapist, and Grounded cannot ensure that Therapists run on time, do not have conflicting appointments, and meet all timeframes for responding to therapy requests.You agree to complete the Booking and intake form questions truthfully, and not omit information which is or may be relevant to your care.If after the completion of a paid Session, you wish to leave a review, you agree and acknowledge:Only the star ratings will be visible for public view and will be shown as a ratingYour comments are for internal purposes only and would not be shared to the public
10. Modifications, Termination, Interruption and Disruptions to the Website
You understand, agree and acknowledge that Grounded may modify, suspend, disrupt or discontinue the Website, any part of or use of the Website at any time with or without notice to you. You agree and acknowledge that Grounded will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.Grounded will use reasonable efforts to ensure that the Website is accessible on a continuous basis. However, you confirm and acknowledge that Grounded may, with or without notice, modify, suspend, disrupt or discontinue any part of the Website at any time.You confirm and agree that access to the Website is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Website, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use the Website, Grounded’s hosting and web server (to the extent that Grounded engages third party contractors) and other factors which may impact upon the delivery of the Website to you via the Internet.Grounded does not guarantee that the Website will be uninterrupted or that it will be secure, consistent, timely or error-free. Grounded reserves the right to restrict or remove access to the Website for the purpose of undertaking maintenance and updating of the Website.
11. Third-Party Content
The website may contain other content, products or services which are offered or provided by third parties (Third Party Content), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. Grounded has no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these terms and conditions you agree to indemnify Grounded and associated companies and directors against any damage or loss caused by any Third Party Content.
12. Security
Where there is unauthorised access or a breach of security, Grounded will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords. You must take all other actions that Grounded reasonably deems necessary or desirable to maintain or enhance the security of Grounded’s computing systems and networks and your access to the Website.Grounded will use all reasonable endeavours to ensure that Grounded provides a secure environment for any data stored or hosted on Grounded’s systems. You acknowledge however that no information which is available on the Internet is completely secure and agrees that Grounded will not be liable for any loss suffered by you or any third party should Grounded’s security measures (or those of any of Grounded’s service providers) be overcome or breached.Grounded maintains appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. Grounded is not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.
13. Intellectual Property
Grounded or its affiliates own all rights, title and interest (including present and future copyright) in the Website.All material on the Website such as articles, written materials, names, trademarks, images, photographs, designs, illustrations, and logos (‘Content’) are owned by, or licensed to, Grounded (unless expressly indicated otherwise). You are granted a nonexclusive, non-transferable licence to use the Website and access the content in the manner set out in these terms and conditions.You may use the Website and access the content only for your personal and noncommercial use. Nothing in these terms and conditions or on the Website grants you ownership of the content (or any intellectual property rights in it). You may not sell, modify, copy, distribute, display, communicate or otherwise use the content unless Grounded has expressly authorised you to do so in writing. You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or the content in any way.You are not permitted to post any material on the Website which:is defamatory, libellous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;infringes on the copyright or any other proprietary right of a third party;is intended to advertise to or solicit others without our express permission;constitutes charity solicitations, chain letters or pyramid schemes;contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;interferes with or disrupts networks connected to the Website, or used for purposes of delivering the content (or violates the regulations, policies or procedures of such networks); orattempts to gain unauthorised access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website or through password mining or any other means.
14. Continued Development
You consent to Grounded soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning the Site from you or any person (Feedback). Grounded owns all IP Rights in any Feedback and may use such Feedback for purposes related to the Website or Grounded Therapy Platform or the carrying out of services by Grounded generally without further approval or acknowledgement, and you assign to Grounded all IP Rights in any such Feedback.
15. Privacy Policy
These terms and conditions are subject to our Privacy Policy. You agree and acknowledge to be bound by our Privacy Policy.
16. Off-Site Conduct
It is a direct violation of these terms and conditions for you to engage in an activity using information obtained from the Website to contact, abuse, advertise, sell to, harass or harm any other person, including the Therapists.
17. Termination
Grounded may (in its sole discretion and without prior notice) terminate your licence to access the Website and take any legal action Grounded has available against you, if you breach these terms and conditions or Grounded believe the services offered by Grounded are not appropriate for you.
18. Limitation of Liability
To the maximum extent permitted by law, you hereby release and agree to hold Grounded and its directors, operators, and affiliates harmless from any and all causes of action and claims of any nature resulting from the services received via the platform, whether through video conferencing, phone, in-person, or otherwise, including (without limitation) any act, omission, opinion, response, advice, suggestion, information, and/or service of any therapist and/or any other content or information accessible through the platform.You understand, agree, and acknowledge that the platform and any services provided therein are provided "as is" without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose, or accuracy. The use of the platform is at your own risk. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind, whether expressed or implied.You understand, agree, and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages.Our aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 12 months period prior to the date of the claim.If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.This section (limitation of liability) shall survive the termination or expiration of this agreement.
19. Indemnity
You agree to indemnify Grounded and its officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these terms and conditions.You understand, agree and acknowledge to indemnify and keep indemnified the Website and Grounded against any indirect, incidental, consequential, special, punitive or exemplary damages.This section (Indemnity) shall not merge on the termination or expiration of these terms and conditions.
20. Representations, Conduct and Commitments
You confirm that you are legally able to consent to receive Services or have the consent of a parent or guardian and that you are legally able to enter into a contract for yourself or on behalf of another.You confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of these terms and conditions, you will make sure to maintain and update this information so it will continue to be accurate, current and complete.You agree and confirm that your use of the Website, including any Services, is for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organisation unless expressly consented to by the person and Grounded, and the purpose of entering on behalf of another person or organisation is for the receiving the Services.You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of Grounded’s systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Website and your relationship with the Website, company, or Therapists.You will indemnify Grounded, defend Grounded, and hold Grounded harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: your access to or use of the website;you violation of any of the provisions of these terms and conditions; ornon-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website. You confirm and agree to use only debit or credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.
21. Dispute resolution and mediation
If a dispute arises between you, a Therapist or Grounded, the parties will attempt to resolve the dispute within 15 business days by informal negotiation (by phone, email or otherwise).If the parties are unable to resolve the dispute, either party may refer the dispute to Grounded.If the parties are unable to resolve the dispute within 30 business days, Grounded may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and parties are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
22. General
These terms and conditions and Grounded’s relationship with you shall both be interpreted solely in accordance with the laws of Australia and those countries we deliver services to globally.These terms and conditions constitutes the entire agreement between you (including any person you have entered into these terms and conditions on behalf of) and Grounded. You may not rely upon any promises or representations by Grounded except as set forth in this agreement.Grounded may change these terms and conditions by posting modifications on the Website. Unless otherwise specified by Grounded, all modifications shall be effective upon posting. By using the Website after the changes become effective, you agree to be bound by such changes to the terms and conditions. If you do not agree to the changes, you must terminate access to the Website and participation in its services. We reserve the right to terminate your access to the Website if you do not agree to the changes to the terms and conditions.Grounded may freely transfer or assign these terms and conditions or any of its obligations hereunder.The Website is controlled from our offices in Victoria. These terms and conditions will be governed by and construed in accordance with the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.If any provision of these terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms and conditions which will continue in full force and effect.
