Terms and Conditions
Introduction
1.1. These terms and conditions (“Terms”) are entered into between Golden Hour Wellbeing Pty Ltd (ABN 66 682 467 652) (“we”, “us” or “our”) and you, the Parties and each Party.
1.2. In these Terms, “you” means the person or entity accessing our services or seeking to access our services.
1.3. By booking, accessing or using our services and/or website, you agree to be legally bound by these Terms.. If you do not agree with any part of these Terms, you should not use our services.2. Disclaimer
2.1. Our services are provided with the utmost care and professionalism. However, we do not guarantee specific outcomes, and your progress depends on various factors, including your commitment to the therapeutic process. The information provided on our website or in our practice materials is for general informational purposes only and is not intended to replace professional advice, diagnosis, or treatment. We accept no responsibility for the result of actions taken on the basis of information on our website or in our practice materials, nor the accuracy, currency, or completeness of any material contained on our website or in our practice materials and are not liable for any loss or damage either direct or indirect that comes from the use of or connection with our website or in our practice materials.
2.2. You understand that we do not provide access to, or are responsible for prescriptions for any medication, or the provision, acquisition and the dispensing of any medication.
3. Scope of Services
3.1. Golden Hour Wellbeing offers psychological services within the Canberra Region, including but not limited to, individual therapy, group therapy, workshops, and mental health assessments. Our services are designed to support your mental health and wellbeing.
3.2. Golden Hour Wellbeing’s psychologists are registered with the Australian Health Practitioner Regulation Agency. In addition to registration, our Psychologists have post-graduate degrees, training, and practice endorsement (or are completing a registrar program, and seeking endorsement upon completion of that program) in the advanced area of clinical psychology.
3.3. Golden Hour Wellbeing’s services are provided at Golden Hour Wellbeing’s clinic in Turner, ACT or via telehealth. Accommodations can be made to meet clients at other suitable locations, as determined by the treating psychologist, and as agreed by the person making the appointment. Travel fees may apply and will vary depending on many factors such as location, and travel time.
3.4. If the service you are seeking involves a child or young person, please ensure you have read and agreed to our Policy on Working with Vulnerable People. This policy outlines important information about our obligations when providing psychology services to children and young persons. Section 11 of the Children and Young People Act 2008 (ACT) defines a ‘child’ as a person who is under 12 years old, and section 12 of this same act defines a ‘young person’ as a person who is 12 years old or older but not yet 18 years old.
4. Appointments and Cancellations
4.1. Appointments must be scheduled (booked) in advance. If you need to cancel or reschedule your appointment, please provide at least 24 hours' notice (1 business day). Failure to do so may result in a cancellation fee. Further information can be found in our Cancellation Policy.
4.2. You can make a booking in writing through email addressed to admin@goldenhourwellbeing.com or via our online booking system. Bookings can be made on your behalf by a third party (the representative), so long as you provide your written consent for that third party to do so. In addition to this consent, we may ask the representative to provide evidence of their authority as part of their request. We also reserve the right to ask you to provide current and informed consent to us before scheduling your booking, potentially making you financially liable for that appointment.
4.3. To make a booking, you, or your representative, such as a legal guardian or lawyer, must provide us with all the information requested as part of our Intake Form. Some of the information asked of you will constitute personal information, and you may choose to provide sensitive information as part of this process. In doing so, you agree to the terms set out in our Privacy Policy.
4.4. All information you provide us will be handled in accordance with the terms and processes set out in our Privacy Policy.
4.5. Your appointment is not confirmed until such time as you receive a confirmation email from our administration team. Upon submitting your booking request, and receiving a confirmation email, you agree to be bound by our Cancellation Policy.
4.6. It is your responsibility to check and confirm that the booking details provided in the confirmation email are correct prior to the commencement of your appointment.
4.7. If you are attending a Telehealth appointment, it is your responsibility to read our information on Telehealth Services, and our guide to Preparing for your Telehealth Appointment before your appointment. Should you have any questions or concerns about the information provided in these documents, it is your responsibility to contact us in writing to admin@goldenhourwellbeing.com and outline your questions and concerns at least 24 hours prior to your appointment. Failure to do so may impact your Telehealth appointment and you may remain liable for any costs associated with that appointment.
4.8. You are ultimately responsible for remembering your appointment time and being prompt for your appointment time. We understand that external factors can impact your ability to arrive on time, however it is your responsibility to notify us of any delays. Our psychologists reserve the right to keep to the agreed upon appointment time.
4.9. Your first appointment with us will be considered a “consultation appointment” (consultation). The aim of this consultation is to ensure both you as the client, and the treating Psychologist understand the reason for your referral; to obtain relevant information; and to collaborate on a plan for your psychology service.
4.10. The type of service and number of sessions you may require will depend on factors such as the nature of your referral; your individual needs and goals for engaging our services, and your expectations. These decisions will be discussed at your first consultation and reviewed regularly as part of your treatment plan. You are ultimately responsible for notifying your psychologist of any changes to your service needs as soon as reasonably practicable. Failure to do so may result in a reduction in the efficacy of the service you have requested.
5. Privacy and Confidentiality
5.1. We are committed to maintaining the confidentiality of your personal information. All sessions and communications are confidential, except in cases where disclosure is required by law, such as a court subpoena or where we have formed an opinion that there is a risk of harm to yourself or others. In these instances, we will inform you in writing of the information we are obligated to disclose in accordance with our legal and ethical obligations. Detailed information about how we handle your personal information, and sensitive information can be found in our Privacy Policy.
5.2. Information that you disclose to your psychologist will only be shared with a third party, outside of circumstances where we are required to do so by law, such as your GP, a court, agency or school in instances where we have received your informed consent, in writing. In some instances, your psychologist may be obligated to share or disclose information about you, your treatment or your circumstance with other professionals, or entities such as Medicare or Workcover.
5.3. If you make a request of your psychologist to provide you with a letter or report for the benefit of a third party, your psychologist will need to include personal and sensitive information about you that is relevant to the reporting purpose. We are unable to be held responsible for preserving the confidentiality and integrity of personal information and sensitive information after it has left Golden Hour Wellbeing’s premises or systems. More information about how your personal and sensitive information may be disclosed can be found in our Privacy Policy.
6. Fees and Payment
6.1. Our fees for services are outlined on our website and in our practice materials, as well as in our Terms of Service . Our fees will vary depending on the nature and duration of your agreed service and any additional costs agreed to by you such as travel.
6.2. Payments are due at the time of service unless otherwise arranged or shown on your invoice. We accept various methods of payment, including credit cards and electronic transfers.
6.3. By entering into these Terms, you authorise Golden Hour Wellbeing to effect automatic payment transactions for such fees as late fees, appointment fees, and any other agrees upon fee, by you, via debit or credit card; or automatic bank transfer on a session-to-session basis and agree to do all things necessary to facilitate such automatic payments.
6.4. You are responsible for paying all Government charges or duties of any kind incurred or in connection with our provision of credit, or supply services such as credit card surcharges. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.
6.5. There are numerous Government benefit and compensation schemes available to both adult and child/young persons clients. These schemes are subject to individual eligibility criteria and conditions. Most private health funds will also provide benefits for psychology services. For your convenience we can process most rebates for you at the time of payment.
6.6. It is your responsibility to ensure that you meet the eligibility criteria and are able to comply with the specific conditions of the benefit, compensation scheme, or health fund you are seeking treatment under. Failure to do so, or by providing us with false or misleading information as part of your booking of an appointment, will result in you being 100% financially liable for any services already provided and you may also be liable to pay our cancellation fees.
6.7. The amount of rebate you receive will be dependent on a range of factors such as the scheme or benefit you qualify for; the type of service you receive; and/or any Medicare Safety Net qualifications.
6.8. Current laws prohibit an individual to claim rebates from multiple schemes for the same consultation or appointment, such as Medicare AND private health funds. To receive your Medicare rebate, we must have received an eligible Medicare-lodged referral from your GP before your consultation. If you are expecting to be claiming any service under Medicare, please inform us prior to 24 hours before your consultation or appointment and we will be able to confirm receipt of your referral. Failure to do so will result in you being 100% financially liable for the specific appointment or service provided or financially liable under our Cancellation Policy.
6.9. By entering into these Terms, you do so with the understanding that Golden Hour Wellbeing is not liable or responsible for any problems claiming your rebate due to the actions or inactions of your GP or medical professional. You will have to seek to remedy any issues directly with your GP or medical professional in accordance with their own Terms and Conditions.
6.10. Treatment Services are GST-free, however other services provided may be subject to GST. Your out-of-pocket expenses will vary depending on the type of service provided; your eligibility for any rebates or compensation schemes; and your health fund. Your standard service fee and out-of-pocket-expenses will be specified on your Terms of Service. Please contactadmin@goldenhourwellbeing.com. If you are unclear about these fees before signing. By signing the Terms of Service, you agree to be bound by our Terms of Service, and liable for any costs outlined in our Terms of Service.
6.11. Fees are payable via Halaxy’s online payment platform in the form of online card payments or electronic transfers at the time of service. Third-party payers are invoiced directly.
6.12. Should you become ineligible for a service being provided by us and fail to disclose this to us prior to engaging our services after you have become ineligible, you are 100% financially liable for any services provided that are no-longer covered or subsidised by the original benefit, compensation scheme, or health fund provider under which you engaged our services.
6.13. By entering into these Terms, you agree that late payment fees will apply for overdue invoices, including invoices overdue due to circumstances outlined in clause 6.3 of these Terms. Late payment fees also apply to cancellation fees.
6.14. If you fail to pay us any amount owed on or before the due date as stated on your invoice, we may do any of the following, without any liability, until all overdue fees are paid: suspend all services until all outstanding invoices have been paid or a payment plan has been arranged; and/or terminate these Terms; and/or initiate proceedings against you to recover the overdue amount; and/or recover all costs in relation to any action taken against you to recover the overdue amount, inclusive of legal costs and any costs associated with engaging debt recovery services.
6.15. Should you have any concerns about managing or fulfilling your payment obligations, please speak to your psychologist and they will discuss the available options with you. These alternative options may include but are not limited to reducing to modifying the frequency of sessions; alternative session formats, implementation of a payment plan; or other service providers. You agree that by entering into any of these alternative options, you may forfeit or impact your eligibility for any benefit, compensation, or health provider schemes.
7. Out of Session Contact
7.1. If you need to contact your psychologist any time outside of a session, please email them directly. They will respond to you as soon as reasonably practicable during business hours or on their next practice day. Please be aware that our psychologists’ hours vary. Any communications between you and your psychologist, including via phone or email, and outside of any treatment period may form part of your file. Therefore, they may be disclosed under such circumstances where an authorised release of your information is permitted under the law.
7.2. Golden Hour Wellbeing is not a crisis service and are not able or equipped to respond to messages outside of opening hours, therefore if you are in crisis or feel your health is an emergency requiring immediate attention, you will need to contact your local mental health service or attend an emergency department. Lifeline may also be of assistance in a crisis and can be contacted by telephoning 13 11 14. If there is an immediate risk of harm to yourself or someone else, please telephone emergency services on 000.If you have not received our crisis information pack, please contact us at admin@goldenhourwellbeing.com.
7.3. This clause will survive the termination or expiry of these Terms.
8. Social Media
8.1. We are bound by the Australian Health Practitioner Regulation Agency (AHPRA)’s social media policy and our own professional code of ethics.
8.2. We are therefore unable to accept any form or ‘friend request’ or contact request from any current or former clients on any form of social media.
8.3. We are unable to interact with clients via social media in any way that may compromise confidentiality, so we will likely be unable to respond to any messages on these forums.
8.4. Whilst you have the right to express yourself in any manner you wish and through any medium you chose, we are prohibited from making use of, or publishing client testimonials. We would strongly advise that you do not reveal personal information about our services that you have engaged, as well as the specifics of your treatment in public forums and on social media so as to preserve your privacy.
8.5. This clause will survive the termination or expiry of these Terms.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, Golden Hour Wellbeing will not be liable for any direct or indirect, incidental, special, or consequential loss or damages arising out of or in connection with our services (including whether arising from breach of contract, negligence or any other tort, in equity or otherwise, and whether we were advised of the possibility of such loss or damage, (is limited to the extent permitted by law) to the fees paid for the relevant services.
9.2. Notwithstanding anything to the contrary, and to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from, or connected with any aspect of your interaction with a psychologist including the services offered by the psychologist, the description of the services requested and/or offered, and advice provided or the performance of services; you not providing us with current health and medical/psychological information; any event outside of our reasonable control; and any third parties or any goods or services provided by third parties.
9.3. This clause will survive the termination or expiry of t these Terms.
10. Exclusion of express warranties
10.1. Except as expressly provided in these Terms, Golden hour Wellbeing makes no warranties or guarantees that psychological treatments and other services facilitated by us are suitable for the person receiving them; treatment provided by psychologists will be effective; and that psychological tests, surveys and/or assessments, including the tools used to conduct these activities, are free from defects or are effective diagnostic tools.
10.2. This clause will survive the termination or expiry of these Terms.
11. Aggressive, Abusive, Disrespectful Behaviour
11.1. Golden Hour Wellbeing has a ZERO tolerance policy for any aggressive, abusive or disrespectful behaviour from you, your family, legal representatives, or anyone else involved in your care. Should this occur, we will immediately cease all services and terminate these Terms. Any services you have booked will be treated as cancelled, and our cancellation policy will be enforced. You will not receive any refund for any funds you have paid to that point.
12. Termination
12.1. These Terms will commence on the start date, being the date in which you agree to these Terms, and continue until the services have been provided to you, unless earlier termination of these Terms is done so in accordance with the conditions set out in these Terms.
12.2. We may choose to terminate these Terms and any bookings at any time, by giving you notice in writing, inclusive of where we determine that you are ineligible for our services. This is known as a Termination for Convenience.
12.3. These Terms will terminate immediately upon receipt of written notice if we determine that you have breached the terms of these Terms; or if you are unable to fulfil your obligations under these Terms.
12.4. Should there be any suspicion that you are in breach of these Terms, we reserve the right to place your future bookings on hold while we investigate the suspected breach.
12.5. Where termination is due to our breach of these Terms, we agree to refund you for any payments made in advance of services provided.
12.6. Termination of these Terms will not affect any rights, liabilities, or obligations that either you, or Golden Hour Wellbeing has accrued under these Terms.
12.7. Where the services provided to you by us are terminated as a result of clause 9 of these Terms there will be no refund of any monies paid and all our services to you will cease immediately.
12.8. This clause will survive the termination or expiry of these Terms.
13. Complaints
13.1. Should you have any concerns about the services provided by Golden Hour Wellbeing or the conduct of any of our staff, please discuss them with your psychologist.
13.2. If you have concerns about the ethical or professional conduct of your psychologist, you may contact the Australian Health Practitioner Regulation Agency - https://www.ahpra.gov.au/
14. Amendments to Terms
14.1. We reserve the right to modify these Terms at any time without notice. Any changes will be effective immediately upon posting on our website. We will do our best to inform you of any changes to these Terms, or any other policy or document that has been reviewed in writing addressed to the email address you have provided us with.
14.2. Your continued use of our services indicates your acceptance of the amended Terms.
15. Governing law
15.1. The laws of the Australian Capital Territory (ACT) governs these Terms. Each party submits to the non-exclusive jurisdiction of the courts of the ACT.
16. Force Majeure
16.1. Either party may suspend its obligations to perform under the Agreement if it is unable to perform as a direct result of any war, riot, third party strike, pandemic, civil emergency, natural disaster or other circumstance of a similar nature that is outside of the control of the affected party (Force Majeure Event). Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
16.2. Where a party's obligations have been suspended pursuant to clause 16.1 above for a period of 30 days or more, the other party may immediately terminate these Terms by giving notice in writing to the other party.
17. Contact Us
17.1. If you have any questions or concerns about these Terms, please contact us at admin@goldenhourwellbeing.com.
By engaging with Golden Hour Wellbeing, you acknowledge that you have read, understood, and agree to these Terms.