Golden Hour Wellbeing
Website Terms of Use and Disclaimer

Welcome to our website. This website located at www.goldenhourwellbeing.com is owned and operated by Golden Hour Wellbeing Pty Ltd trading as Golden Hour Wellbeing (ACN 682 467 652) ("Golden Hour Wellbeing", "we", "us").

If you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use and disclaimer which govern our relationship with you in connection with this website.

If you don't agree with any of these terms and conditions, please don't use our website.

We operate this website for your general information and use only.

We can change the content of this website without letting you know.

We can decide to change these terms at any time by posting an updated version on our website. If you keep using our website after they've been posted, you're agreeing to our new terms.

This agreement may be terminated at any time by us without notice. If that happens, all disclaimers, indemnities, limitations of liability, and the dispute resolution clause will survive, but you won't be permitted to use the website anymore.

These terms apply to your use of our website only. We have other terms that relate to the use of our psychological services.

We also have a Privacy Policy, which you can view on our website.

We may provide or publish general advice and information, including about psychology and wellbeing, believing it to be accurate, appropriate and reliable at the time, but we don't give any warranty of accuracy, appropriateness or reliability.

It's your responsibility to ensure that our website, including our information and general advice, is right for you.

Any information and advice on our website is general in nature and is not intended to constitute or substitute for health, medical, psychological, or other professional advice and you should not rely on the information on our website as such.

Unless required by law, we will not accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person's reliance on any such information or advice.

We are administratively available by phone and by email. If you speak to one of our team for an initial call or to make an enquiry, you understand that anything we say on that call is general information and is not psychological, medical or other advice.

We do not provide crisis support. If you believe that you or someone you know is in danger, seek medical assistance immediately by calling 000 or presenting at the emergency room of a hospital. You can also call Lifeline on 13 11 14.

Our team will not deliver psychological services or advice over the phone or by email unless it is part of an appointment.

We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services.

By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy.

Our website is security assured by Squarespace. We use our best endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

We make the website available to you; however, you use it at entirely your own risk.

Everything on the website is provided "as is" and "as available" – we don't make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:

1. failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the website;
2. whole or partial discontinuation of the website;
3. unsuitable or out of date information on the website (including third-party material and advertisements on the website);
4. you or any other person acting or not acting on any information;
5. personal injury or property damage of any nature resulting from your or any other person's access to or use of the website;
6. any unauthorised access to or use of information or data, including personal and financial information, collected by us;
7. any interruption of transmission to or from the website;
8. any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
9. costs incurred by you in using the website; or
10. links which are provided for your convenience.

It's your responsibility to ensure that any goods, services, or information available through this website meet your specific requirements.

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website. This clause survives termination of this agreement.

You can use our website to:

1. view information we publish on it;
2. buy our goods or services (such as to book an appointment with us);
3. download resources made available for free, such as a checklist or article;
4. make an enquiry; or
5. use our website as otherwise specified by us in writing.

You're only allowed to use our website for lawful purposes. This means that you're not permitted to use our website for illegal activity or in a way that impacts negatively on others' use and enjoyment of our website.

We've got a zero-tolerance policy for users who:

1. behave unlawfully or encourage unlawful conduct;
2. post any defamatory, obscene, offensive, or scandalous material;
3. harass or cause distress or inconvenience to any person; or
4. disrupt the website.

We reserve the right to ban any users who engage in or encourage others to (or who we reasonably suspect will engage in or encourage others to engage in) the above behaviour.

You are not permitted to (or attempt to, or encourage others to):

1. change (including add or remove), deface, hack or otherwise interfere with our website or any material or content displayed on our website; or
2. upload any file or object that contains prohibited content including any malware (bugs, viruses, worms, spyware, trojan horses, ransomware or other harmful code or communications) ("Harmful Content").

You warrant to us that you will not upload or attempt to upload any such Harmful Content. You indemnify us on a continuing basis for any loss or damage we suffer because of any Harmful Content which you upload or attempt to upload to our website.

Unauthorised use of our website may be a criminal offence and/or give rise to a claim for damages. This clause survives termination of this agreement.

You are prohibited from using or copying material on our website for any purpose not authorised under these terms or without our written permission.

You are prohibited from copying content on our website (including downloaded resources) in whole or in part for the purpose of using our content on your website or to publish it elsewhere, such as social media, without our written permission.

You warrant to us that you are not using and do not intend to (or encourage someone else to) use our website for an unauthorised purpose.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

Unless otherwise stated, we are the lawful owner or licensee of all copyright, designs, trade marks, and other intellectual property rights in the website.

You are only permitted to use our Intellectual Property for the purposes set out in these terms. If you want to use our Intellectual Property for a purpose not set out in these terms, you must seek our written approval by emailing us at admin@goldenhourwellbeing.com. We may withhold approval in our absolute discretion and any approval may be subject to additional terms, including but not limited to a requirement to attribute copyright to us.

Nothing in these terms is intended to transfer any intellectual property rights to you.

We reserve all our rights, including in relation to injunctive relief for copyright infringement and other intellectual property right infringement.

If you believe that something on our website infringes your or a third party's Intellectual Property Rights, please write to us as soon as possible by emailing admin@goldenhourwellbeing.com.

As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable licence to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use. We don't grant you any other rights in relation to the website.

In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this intellectual property clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.

This clause survives termination of this agreement.

If you would like to share our website content that's freely available for re-use or is in the public domain, you are permitted to do so, as long as you credit our work and link back to our website. This includes images on our website unless we explicitly cite a copyright notice indicating otherwise.

If you'd like to share, re-publish or otherwise use our website or content in a way that you are not expressly authorised to do so by these terms, please don't hesitate to get in touch with us by emailing admin@goldenhourwellbeing.com.

We may include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information.

You acknowledge that they are used at your own risk, and we don't necessarily endorse the content or opinions expressed on them. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.

If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose additional terms or conditions. If we ask you to remove the link, refusal will constitute a breach of these terms.

Please be aware that if we make goods and services available on the Website, additional terms apply to the purchase of those goods and services and the below limitations apply only in relation to making this Website available.

To the fullest extent permitted by law, we expressly exclude all warranties and other terms which might otherwise be implied by statute, common law, or the law of equity, and shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services arising out of or related to the use, inability to use, performance, or failures of this Website or the linked sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.

The limitations and exclusions of liability set out in this clause will not apply to the extent that any liability can't be excluded or limited by law, including but not limited to liability under the ACL for failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law (ACL).

This clause survives termination of this agreement.

If anything in this agreement is unenforceable, illegal, or void, it is severed, and the rest of the agreement remains in force.

We make no warranty or representation in relation to the website. All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.

Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

Unless we say otherwise, our website isn't a part of another entity (such as Meta) and isn't endorsed by or affiliated with any other website or their owners.

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it.

In the event of a dispute under this agreement, the party with the grievance must let the other party know about it in writing (including what solution they seek). We both agree to try in good faith to settle the matter between us. We both agree not to go straight to Court or a Tribunal (except for urgent relief, such as an injunction) unless we have first mediated the issue, the cost of which will be split equally between the parties. If we have not solved the matter within 60 days, either party may go to Court or Tribunal.

Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, pandemic, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.

The law of the ACT, Australia governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of the ACT.