Terms and Conditions

These Booking Terms and Conditions apply to bookings made with Laura Ann Spencer t/as Laura Spencer Family Therapy [ABN 86342193907] (“we, us, our”) for parental advice, psycho-education, observations, and parent-child sessions or similar services (“Services”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours making a booking or using our Services. If you do not agree, you cannot make a booking. 

 

SERVICES WE PROVIDE 

We will perform the Services with due care, skill, and diligence. The Services will be performed personally by Laura Spencer or by her Representatives where prior agreed. Our Services do not include the provision of formal reports. However, from time to time, we may email you with recommended readings or suggest referrals for additional support if it falls outside the scope of our expertise.

We agree to: 

  • keep all your documents secure and confidential and return all documents at the termination of this Agreement; and 
  • comply with our privacy policy, details of which you can find on our website. 

 

YOUR OBLIGATIONS 

You must provide all information we request in order for us to perform the Services. You represent and warrant that:  

  • all information you provide is true, correct, current, and to the best of your knowledge; 
  • you will respond promptly to any of our requests for further information and will notify us immediately if any information changes; and
  • you will be on time for your consultation. 

You acknowledge and agree that you will: 

  • do your best to attend to any agreed actions; and
  • communicate openly and honestly. 

We may become aware during the performance of the Services that you may need additional services, and you agree to co-operate with us in this regard. 

 

RELIANCE ON ADVICE 

We are not medical doctors. We strongly recommend that you seek independent medical advice in relation to any medical information we provide. For example, we do not provide any diagnosis or treatment. Any medical information is not a substitute for professional advice, and any reliance on this information is made at your sole risk. Your participation in the Services is always voluntary.

 

NO GUARANTEES

You acknowledge and agree that the guidance we provide is based on the information you share with us, and outcomes may vary, with some results being unpredictable. You further acknowledge and agree that we cannot guarantee the success of the recommendations provided.

 

THE FEES YOU NEED TO PAY 

You agree that you will pay us the Fee for the Services. We will invoice you for the Fee at the end of Service or when otherwise agreed. All invoices are due immediately. In case the payment does not go through at the time it was made, it must be made within 48 hours from when the Services were performed. Interest will be charged on any unpaid invoices at the rate of 10% per annum calculated monthly. Any legal collection fees that are incurred will be charged to you. 

 

CANCELLATIONS, RESCHEDULING AND REFUNDS 

Cancellations or rescheduling must be made at least 3 days (72 hours) prior to your appointment. Cancellations made after this period will incur 100% of the standard fee. If you become unwell within this timeframe, we will offer the option to conduct your appointment via telehealth. If you are too unwell to participate in telehealth, the cancellation fee will be reduced by 50%.

To the extent permitted by law, any other refunds for any cancellations of the Services are at our absolute discretion. No refunds will be given after a consultation has occurred. We do not provide refunds for your change of mind, where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice. 

 

EMERGENCY SERVICES DISCLAIMER

You acknowledge and agree that the Services provided by Laura Ann Spencer t/as Laura Spencer Family Therapy [ABN 86342193907] and its Representatives are not designed or intended to be emergency mental health services, crisis intervention, or any form of immediate response service for acute psychological distress or emergencies. If you are experiencing an emergency or are in a situation that requires immediate intervention, it is your responsibility to seek help from emergency services or a qualified healthcare provider. We do not offer an emergency response service, and our Services should not be relied upon in situations requiring urgent care. Your reliance on our Services for emergency situations is strictly at your own risk, and you agree to hold us harmless for any failure to provide immediate or emergency services.

 

THE AUSTRALIAN CONSUMER LAW 

Our Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a Service, you are entitled to: 

  • cancel your Agreement with us and to a refund of the unused portion; or
  • to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.

 

INTELLECTUAL PROPERTY 

We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Services. You must not use our Materials for any purpose other than for the purpose of this Agreement. Any Materials we provide you must not be reproduced, altered, or redistributed without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.

 

PUBLICITY

You permit us to use your name, and any photos, videos, and testimonials you provide to us for marketing and information purposes, or publications, exhibitions, and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about our Services. 

 

LIMITED LIABILITY AND INDEMNITY 

To the extent permitted by law, our liability is limited, at our option to: 

  • the replacement of the services or the supply of equivalent services; or 
  • the payment of the cost of replacing the services or of acquiring equivalent services. 

You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Services. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid. 

You acknowledge, agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Services, and any third-party claims. 

 

TERMINATION 

We may either suspend the Services or terminate this Agreement where:  

  • you are not complying with any aspects of the guidance;
  • there is any conflict of interest; or
  • any threats are made. 

We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay us all accrued Fees owing up to the date of termination. 

 

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. 

 

IF THERE IS A DISPUTE 

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

 

THE GOVERNING LAW AND OTHER MATTERS 

This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements, and arrangements between the parties in respect of its subject matter. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement is governed by the laws from time to time in force in the state of VIC Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of VIC for determining any dispute concerning this Agreement. 

 

DEFINITIONS: 

“Agreement” means these terms and conditions, and any Proposal we may provide you with. 

“Booking” means any booking for a consultation made with us for our Services. 

“Cancellation Fee” means the cancellation fee we charge you where you cancel with limited notice. 

“Claim” means any claim under statute, tort, contract or negligence, any demand, awards or costs.
“Client” means you, the client making the Booking.  

“ Fees” means the  fees as further advertised on our website.  

“Information” is all information we require and may include any information you provide to us during the Services including but not limited to the information we have collected in the intake form.

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered. 

“Loss or Damage” means any direct, indirect, consequential or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our  Services. 

“Materials” means any copy, data, information, documents, plans, downloadable products, records, images.

“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives. 

“We, us, our” means Laura Ann Spencer t/as Laura Spencer Family Therapy [ABN 86342193907] and includes any of our employees, agents, partners and contractors.

Welcome to Laura Spencer Family Therapy [ABN 86342193907] and www.lauraspencer.com.au, our website. We’re so glad you’re here! By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; we like to call this an “Agreement”. If you don’t accept to our Agreement, we kindly ask that you surf elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our website. We may also change, suspend, or stop providing our website at any time, but we’ll always try to let you know if that’s the case. 

Now, let’s chat about your obligations when using our website.

 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

To provide correct information and comply with the law

It is also important that you comply with the laws of VIC and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you’re accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws.

To only make personal and non-commercial use of our Content

Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website our prior written permission which you can request by emailing laura@lauraspencer.com.au. If permission is granted, we will provide you with specific licensing terms, which may include usage restrictions, attribution requirements, and any applicable fees. All trademarks on our website belong to their respective owners. You must maintain all copyright notices, attributions, and other proprietary notices contained in any Content you access through our website. Any use, reproduction, or distribution of Content from our website must include proper attribution and copyright notices as they appear on our website.

To use third party software, links etc at your risk

If you choose to use third-party software, links, or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them

Information is for general educational purposes only

We provide the information on our website for your general use only. While we try to provide accurate information, it may be historical, incomplete information or based on opinions that aren’t widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk. 

 

WE MAKE NO WARRANTIES OR GUARANTEES

We need you to know that we make no warranties or guarantees about our website or its Content. We can’t guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that our Content is accurate, complete, and current. You further acknowledge and agree that there is a risk of data breaches. 

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages, or inaccuracies.  If you find any issues, please email us at laura@lauraspencer.com.au

 

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any user content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

Additionally, you indemnify us for any Claim arising out of or in connection with your use of our websites, apps, software, products and services and any third-party links; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

 

OTHER

This Agreement is governed by the laws in VIC, Australia and the parties submit to the jurisdiction of the courts of VIC, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

 

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.

Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs, or any other content.

Copyright means all rights pursuant to the Copyright Act 1968 (Cth). 

Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs. 

We, us, or our means Laura Spencer t/as Laura Spencer Family Therapy [ABN 86342193907] and includes any of our employees, agents, partners, and contractors.

Hi there! We want to let you know how we collect information so that you can feel comfortable sharing it with us. That’s why we have this privacy policy which outlines the way we at Laura Spencer Family Therapy (ABN 86342193907) collect, hold, use, and disclose personal information. We may collect personal information from children as well as adults. 


WHAT PERSONAL INFORMATION WE COLLECT & HOW AND WHY WE COLLECT IT?

What personal information do we collect?

The personal information we collect is generally limited to the following: name and contact details, date of birth, opinions, and any communications we have.

However, we may also collect:

  • sensitive information from you with your consent, such as where we ask for information about your health, and medical information; 
  • financial information, such as your credit card or debit card details; 
  • and information about how you use our website, via third parties.


How do we collect your personal information?

The main ways we collect information are when you give it to us directly or indirectly. This might be by filling out forms on our website like sign-up or intake forms, or providing us information through phone calls, emails, or social media. Additionally, we may collect information from SMS interactions, such as responses to SMS notifications or promotional messages sent by us. We may also collect information from the person that referred you, or other people or organisations. 

We use two-factor authentication set up to ensure security of your information.

We love hearing from you, and we promise to keep your information safe and secure.

We also use cookies on our website. These are little bits of data that help our website work better. They might identify you and keep track of the pages you visit. This helps us improve our website and make it more secure. Plus, it makes it easier for you to use our website! You won’t have to fill in your information again and again.

At times personal information may also be gathered from third parties, such as Google Analytics or Facebook Pixel. These third parties may use cookies, web beacons and similar technology to collect or receive information about your habits on the internet.


Why do we collect your personal information?

We need your personal information to:

  • communicate with you in relation to your enquiry;
  • verify your identity for security purposes; 
  • send you news if you have signed up via email or SMS (you can unsubscribe from either of these at any time);
  • conduct our business, and enable your use of our website, products, and services; and
  • in some cases, to comply with our legal obligations, such as record keeping. Typically, the law requires us to retain financial records for 7 years. Health records are generally required to be kept for 7 years for adults, and children’s records are required to be kept until they turn 25 years of age. For all other types of personal information, we retain the data for 3 years from the last interaction with the user, unless otherwise specified or requested by the user.) Otherwise, we generally keep the information for as long as is necessary and no more.

We also collect personal information to analyse and enhance our business operations and improve your experience with our business. This is used as statistical information to analyse our website traffic and to customise the content and advertising we provide. 


You can opt-out of the collection and use of this information by changing your privacy settings or opting out.
To opt-out of Google advertising you can go here: https://tools.google.com/dlpage/gaoptout

To change your Facebook ad preferences you can go to “Facebook Help Centre”, “Manage my account” and “Ad preferences”.

To opt out of our emails you can Unsubscribe, and for SMS you can text back on the opt out link.

Where we collect your financial information, we use it to help you pay for our products and services. Only the staff that need to know this information have access to it, and we only keep it as long as it is necessary. We use SSL certificates to verify your identity and encrypt any data you give us. All financial information is encrypted on our servers, and we do not keep all your data (to prevent unauthorised and duplicated transactions). We do not keep any details of your direct debit, and all information is sent to our bank for processing. Furthermore, we adhere to the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data. 


WHEN DO WE DISCLOSE PERSONAL INFORMATION & HOW YOU CAN ACCESS IT? 

When do we disclose your personal information?

We use reasonable precautions to make sure your information stays safe and secure.  Only authorised personnel can access it, and we keep it in accordance with our legal record keeping obligations. When we don’t need it anymore, or it is unsolicited, we destroy it appropriately. We generally will not disclose your personal information unless we have your consent, it’s required by law*, or it’s necessary for us to provide you with our services. In the case of sensitive information, we will not disclose it to third parties unless it is necessary for medical treatment, required by law or you have provided explicitly consent. 

* This can include where we are of the reasonable belief that there is a serious risk to life, health or safety of you or another person. For example, if there is evidence of clear danger of harm to self and/or others, we may be legally required to report this information to the authorities responsible for ensuring safety. This includes if there is a strong suspicion of physical or sexual abuse or emotional, or neglect or exposure to family violence of any person under 18 years of age. A court order could also require us to release information contained in records. 

We will also ensure that all appropriate safeguards are in place in line with the Australian Privacy Principles and other relevant legislation. We will only collect your sensitive information for the purpose for which you gave it to us or for directly related purposes that you would reasonably expect or if you otherwise agree. 

Sometimes we do disclose your personal information where it is necessary to obtain third-party services, like analytics, data storage, payment providers or advertising services. We do our best to make sure the providers we use comply with privacy laws and regulations.  You can opt-out of the collection and use of this information by changing your privacy settings or opting out.

Cross-Border Disclosure of Personal Information
We may disclose your personal information to third-party service providers located overseas for purposes such as analytics, data storage, payment processing, or advertising services. We ensure that any overseas recipient of your personal information is subject to laws or contractual obligations that are substantially similar to the Australian Privacy Principles to protect your privacy.

Before we disclose your personal information to an overseas recipient, we will take reasonable steps to ensure that they do not breach the Australian Privacy Principles concerning your personal information. This may involve:

  • entering into binding contractual arrangements with the overseas recipients that require them to handle your personal information in accordance with our instructions and protect your personal information in a manner consistent with the Australian Privacy Principles;
  • verifying that the overseas recipient is subject to a law or binding scheme that, overall, provides for privacy protections substantially similar to the Australian Privacy Principles;
  • obtaining your express consent to the disclosure after informing you that the overseas recipient may not be required to comply with the Australian Privacy Principles.


How can you access or delete your information? 

If you want to access, correct, or delete your information, or to change your communication preferences via email or SMS, please email us at laura@lauraspencer.com.au. We’re happy to help, unless we’re required by law to withhold it. And if you have any concerns at all about your privacy, please also email us at laura@lauraspencer.com.au. You can also make a complaint with the Office of the Australian Information Commissioner by phone on 1300 363 992, online at http://www.oaic.gov.au where you can go to the “Lodge a Privacy Complaint with us” page, or post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW 2001.


ADDITIONAL PROVISIONS FOR EUROPEAN CITIZENS

If you are a resident of the European Economic Area (“EEA”) or the UK you have certain rights and protections under the General Data Protection Regulations (“GDPR”) or its UK equivalent, The Data Protection Act 2018. We want you to know that we take these rights seriously and will always do our best to protect your personal information. We’re what’s called a “controller” under the GDPR as we collect, use, and store your personal information to provide you with our website services and information about them.

We’ll always rely on a lawful reason for processing your information like:

  • where you have given us valid express consent to use your personal information we will rely on that consent, and only use the personal or sensitive information for the specific purpose for which you have given consent; and
  • where we need comply with the law or act in an emergency, we will rely on that lawful means of processing your personal information.


Your Rights

As an EEA or UK resident, you have various rights including the right to be informed; right of access; to rectification; to object; to restrict processing; to erasure or to be forgotten; to data portability; and the right not to be subject to automated processing.  If you want to access personal information we hold about you, or ask if that the information be corrected, or deleted or otherwise exercise your rights, please contact us at laura@lauraspencer.com.au. You can also opt out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. In some circumstances where we have a legal basis to do so we may continue to process your information after you have withdrawn consent, for example if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.


Security

We keep all personal information on our website platform confidential and secure, and it can only be accessed by authorised personnel. We collect what’s necessary, and keep it only as long as is necessary, taking into account the purpose for which it was collected. We implement and maintain appropriate technical, security and organisational measures to protect your personal information against unauthorised or unlawful processing and use, and against accidental loss, destruction, damage, theft, or disclosure. We ensure the encryption and pseudonymisation of personal information and we have adequate cyber security measures in place. By providing us with your personal information you consent to us disclosing it to third parties who reside outside the EEA countries and the UK. We will ensure that those third parties are GDPR compliant as much as possible.


Thank you!

Thank you for trusting us with your personal information. Above all, we will do our best to keep it safe and use it responsibly.