Lionheart Clinic Pty Ltd

Terms of Service

Updated 10 August 2024

FOR OUR SESSIONS

Welcome to Lionheart Clinic.

In these terms, we also refer to Lionheart Clinic Pty Ltd ABN 43 675 012 601 as “our”, “we”, or “us”.

What are these terms about?    

These terms apply when you sign up for our mental health services through our website (or otherwise), being www.lionheartclinic.com.au or any other websites we operate with the same domain name and a different extension (Website) or otherwise engage our services in any way including offline, over the telephone or in person. 

There may be some parts of these terms that only apply to online Sessions, some parts to telephone Sessions and some parts that only apply to face to face Sessions. 

Key Words used in these terms

When we say “Sessions”, we mean our resources and any of the services provided during or in association with a mental health Session (whether online or offline) (the Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. These are defined in bold and in brackets after the concepts are first  introduced throughout these terms of use (terms).

Accepting these terms

Before you sign up for our Services, or otherwise engage with the Services, please carefully read these terms. If you don’t agree to these terms, we cannot provide the Services to you. By booking a Session or otherwise proceeding to engage with the Sessions, you agree to be bound by these terms.

You acknowledge and agree that these terms will apply to all future bookings of the Services and Sessions without needing to be accepted again. 

Changes to these terms

You acknowledge and agree that we may change these terms from time to time and that, by requesting, accepting or receiving our Services, you will be taken to have accepted any updates to these terms. 

We will ensure that access to these terms is provided to you prior to receiving any of our Services, however, it will be your responsibility to ensure that you return to this page periodically to ensure you are aware of any updates to these terms. 

1. SERVICES

1.1 SERVICES

Details of all our Services are available on our Website. Most of our Services are provided online (Telehealth Session). We may provide some of our Services via telephone (Telephone Session) or face to face as part of an in person Session (In Person Session). If we choose to provide a face to face will be discussed with you once you book the Services.

1.2 ELIGIBILITY

(a) By booking the Services via the Website or otherwise engaging us to provide you with the Services, you:

(i) agree to be bound by these terms;

1. agree that you are authorised to use the credit or debit card to purchase the Services, where applicable;

2. represent and warrant that you are either:

1. over the age of 16 years and accessing the Services for yourself; or 

2. under the age of 16 years and have your parent or guardian’s permission to access the Services. 

3. agree to our zero tolerance policy

1. If you are using the Services and are under the age of 16you must have:

1. your parent and/or legal guardian at your Sessions unless the session is a conversation with the patient alone

1. If you are a parent and/or legal guardian accessing the Services on behalf of someone under the age of 16, you represent and warrant that:

1. the person does not have the capacity to access the Services on their own; or

2. if they do have the capacity to do so, that you have their consent to access the Services on their behalf and to share their personal and health information with us. 

1. Session formats and requirements 

1. The length and format of our Sessions will depend on your Clinician’s assessment of your needs and may vary depending on how the Clinician thinks they can best help you. 

2. Our initial Session may include any or be a combination of the following (Initial Session): 

1. an initial conversation between the patient and the patient’s parent, guardian or mental case worker;

2. a conversation with the parent or guardian alone; and

3. a conversation with the patient alone

3. it is not possible to say with certainty what the duration of these Initial and subsequent Sessions will be at the time of booking and the Session Fees will be subject to clause 8.  

4. Following your Initial Session, your Clinician will determine whether you require further review sessions or if a once off assessment will be suitable for your circumstances and different Fees will apply accordingly.

2. booking Sessions

1. Accepting your Initial Session when we contact you or submitting a Booking Request for a Session after your Initial Session constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount displayed when submitting the Booking Request (Fee). A contract is not formed until full upfront payment has been made and you receive an email or SMS from us confirming that your initial Session has been booked.

3. You will receive an email or SMS confirming subsequent SessionsBooking policy 

1. Once an appointment is made, you acknowledge that: 

1. you will be wholly responsible for your appointment, for example adding the appointment into your calendar, creating reminders and any other steps reasonably necessary to ensure you are able to attend your appointment; 

2. you are responsible to attend the Session even if Lionheart Clinic does not provide you a reminder via SMS or email or text for a booked Session;

3. if required, you are responsible for providing us PRIOR TO the session a valid referral for subsequent sessions if you want your subsequent sessions to be covered by Medicare (this can be submitted on our website contact page);

4. it is a requirement that you are in a meeting location suitable for a mental health session, including but not limited to:

1. not being in a public venue - including a public library, café or crowded area;

2. not driving a vehicle;

3. not being in a noisy environment;

4. having access to a suitable microphone and video camera;

5. having downloaded the relevant and updated telehealth apps; and 

6. having tested your equipment to confirm it is suitable for the appointment,

5. any time taken to rectify IT errors will be included in your Session time;

6. you will provide Lionheart Clinic with any referral, pathology results, vital measures (e.g. blood pressure, HR), filled out questionnaires and any other requested test results or relevant clinical information at least 3 weeks prior to the appointment for the Initial Session, unless otherwise agreed to in writing by lionheart clinic (this can be done via our website);

7. you will be required keep a copy of your results with you for the appointment to aid with patient care;

8. while not preferred by Lionheart, if you do not adhere requirements specified above, we may be required to cancel the Session and to the maximum extent permitted by law, any Fees paid or payable will be non-refundable

1. attending your Session

1. telehealth Session and Telephone sessions

1. If the Services are provided in real time online, they will be delivered electronically and accessed via third-party apps we use from time to time (Apps).  

2. There may be additional fees payable to us for using the Apps. Should this be required, we will let you know at the time of booking.

3. The Apps we use are third-party apps and are subject to additional terms and conditions. By using the Apps you will be bound by this clause and the Third Party Terms in clause 11.

4. The Apps are powered by a third-party platform and the terms and conditions of that third party may apply to your use of the Apps to the extent applicable to you. 

5. To the maximum extent permitted under applicable law and our agreement with our app providers, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Apps or any issues experienced in using the Apps including downtime and the Apps not functioning adequately. 

6. You agree that it is your responsibility to check that the computer and internet service being used to access the Services is adequate to access the Telehealth Session or telephone (for telephone session). 

7. We will not be liable to you if the Services may not be provided as a result of any technical issues including but not limited to:

1. the operation of the internet, including but not limited to viruses; 

2. any firewall restrictions that have been placed on your network or the computer you are using to access the Telehealth Session; 

3. failures of telecommunications links and equipment; and

4. software and browser incompatibility.

2. IN PERSON Session

If our Services are conducted in person, we will provide you with the address in which they shall be conducted prior to the booking date.

1. rescheduling, cancelling an appointment and no-shows 

1. If you cannot attend a Session, we ask that you please give us at least 10 business days’ notice. If you provide at least 10 business days’ notice to cancel a Session, you will not be charged a cancellation fee and your initial Fees will be refunded in full. This is because the Clinician allocates a significant amount of time both during and after the appointment for your appointment. 

2. If you cancel a Session less than 10 business days before the Session time, you will be:

1. required to pay the total Fees of the Session; and

2. required to pay any expenses incurred by us, including for any travel related fees.

3. Unlike other clinics, the 10-business day notice period for cancellations reflects your Clinician setting aside an average of 3 to 4 hours for preparation and delivery, during which approximately 1 to 2 hours will be allocated to your Session. 

4. Should we find another patient to fill this spot and depending on factors such as time spent by the Clinician, at our discretion, we may issue a full or partial refund minus an administration fee of $55+GST

5. Where you are unable to attend a Session and you do not provide us with any notice, or where you arrive to a Session more than 15 minutes after the scheduled start time, we reserve the right to cancel your appointment and to the maximum extend permitted under applicable law, your Fees will be non-refundable. 

6. You acknowledge if you are late, that the timing of the appointment starts from the time of the appointment.

1. your responsibilities

1. social media posting

1. We ask that you are conscious of social media usage while using our Services to ensure the privacy and safety yourself and of our clients. 

2. You agree that you will not post any reviews on social media that include any identifying information of yourself or our clients, including last names or details of the circumstances of particular clients.

3. You agree that where Lionheart in our reasonable discretion believe that any of your social media post or reviews includes any information that has the potential to be harmful to our clients, we will notify you and request that remove any identifiable information from the post or review and you further agree that you will make any such changes requested or remove the post or review within 5 business days. 

2. PROVIDE INFORMATION AND LIAISON

1. You must provide us with all documents, information and assistance reasonably required by us to perform the Services including but not limited to providing any: 

1. referral;

2. pathology results;

3. vital measures (e.g. blood pressure, HR);

4. filled out questionnaires; and 

5. any other requested test results or relevant clinical information.

2. You agree to attend any scheduled Sessions. If you cannot attend any scheduled Sessions you must give us the required notice as outlined above in clause 5. 

3. As part of your Session and in the lead up to your Session, you will be required to provide us with relevant personal information and health information. All of this information will be stored in accordance with clause 9 of this agreement and while you are not required to provide this information, withholding such information will impact the Services and our ability to provide the Services to you. 

4. You agree that in order for us to provide the Services, any information you provide to us as a part of the Services should be true and correct and you acknowledge that your breach of this clause may negatively impact our ability to provide you with the Services. 

5. Where you choose not to provide your personal and health information, we may not be able to provide the Services to you and reserve the right to refuse to provide the Services to you. 

6. Where you have booked a Session and subsequently decide not to provide your personal or health information, we may cancel the session and any Fees paid will, to the maximum extent allowed by any applicable law, not be refundable. 

3. COMMUNICATION AND ACCESS

1. Where the Services are being provided via a Telehealth Session, you must ensure that you have access to a computer and a stable internet connection to be able to receive the Services. 

2. Irrespective of whether the Services are being provided via a Telehealth Session or In Person Session, you must ensure that you arrive to the scheduled Session on-time. You acknowledge and agree that we may not be able to adjust our appointment times if you are late, so you will not be provided any additional time.

4. COMPLIANCE WITH LAWS

You warrant that by receiving or requesting the Services, or during receiving or requesting the Services, you will not:

1. breach any applicable laws, rules and regulations (including any applicable privacy laws and any relevant industry codes) (Laws);

2. do anything which may cause Lionheart Clinic to breach any Law;

3. breach the direction of any government department or authority; or

4. infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.

1. clinicians and medical records

1. clinicians 

1. We reserve the right for our Clinicians to refuse Services to any patient that they do not believe they can provide the best possible fit for. 

2. Clinicians may leave Lionheart Clinic from time to time and it is possible that your Clinician may move on to provide Services elsewhere, where this occurs: 

1. we will use our best reasonable efforts to refer you to an alternate Clinician at Lionheart Clinic; and

2. any new Clinician you are referred to may require that you do an Initial Session with them and require full upfront payment as per the fee schedule, this is so that they can confirm your original Clinician’s notes and determine how to best proceed with the Service. 

3. Our Clinicians are all based in Australia, however, from time to time a Clinician may be located overseas during a Session, where this is the case we will provide you with notice ahead of your scheduled Session. 

2. medical records 

1. Where you, or any representative on your behalf, request(s) that we provide your medical records to a Clinician not engaged with Lionheart Clinic or to a third-party for any reason (including but not limited to Court proceedings), we may charge a fee. See our fee schedule or contact us via the website form.

2. Where you or any representative on your behalf requests a copy of your records, we reserve the right to determine any associated fee based on our internal calculations and to include additional work and use of consumables by our Clinicians and administration team in such calculations where appropriate.

3. We may withhold any records or requests until payment has been completed.

2. fees and PAYMENT

1. Fees

1. You must pay any fees in the amounts and at the times set out on our Website or as otherwise agreed in writing with you (Fees).

2. All of our Fees are payable up front, prior the date of your Session. 

3. You acknowledge that you have been provided with the Fee schedule and/or the contact details to gain the Fee schedule.

4. You acknowledge and agree that the Fees are an estimate of the time that will be used during your Session based on the time allocated by your Clinician.

5. For each Session, your Clinician will set aside an average of 3 to 4 hours for preparation and delivery, during which approximately 1 to 2 hours will be allocated to your Session. 

6. The Fees are calculated to represent the whole of this timeframe, however, where the Clinician determines that it is not necessary to use all of the allotted time, you may be charged an additional fee or receive a refund based on the length of your Session and/or any additional requests you may have. 

7. The Clinician has the discretion and right to adjust the final amount based off several factors, including and not limited to, if the appointment is a once off assessment, or part of an ongoing sessions, length of time of assessment or other factors, work following the appointment. 

8. You will be required to pay the Fees at the time of your Booking Request, at the time you accept your Initial Session, or should any payment issues occur, you must pay the Fees within 48 hours of this time or your Session will be cancelled. 

9. Fees Schedule may change without notice or notification. That the patient, patient or guardian can check with the team prior to signing up or continuing with our service

1. medicare and private health cover

1. You acknowledge and agree that it will be your responsibility to ensure that you provide the necessary information (e.g. valid referral) prior to the appointment to receive any Medicare or Private Health rebate or refund associated with the Services. 

2. Where our Clinician is located overseas at the time of your Session, or if you are located overseas at the time of your Session, it may not be possible for you to receive any Medicare, Private Health or other rebate or refund.  

3. Where your Clinician will be overseas: 

1. there will be no Medicare Benefit that can be applied;

2. we will provide you with notice ahead of your Session that this is the case;

3. you can choose whether you continue with the appointment whilst the Clinician is overseas 

2. payment

1. Unless otherwise agreed in writing:

1. if we issue an invoice to you, payment must be made by the time specified in such invoice; and

2. in all other circumstances, you must pay for all Services on Lionheart Clinic providing you with the Services.

2. (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

3. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard).

4. (Online payment partner) We may use third-party payment providers such as Zeller (Payment Providers) to collect payments for the Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible here and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

5. (Card withholding) We reserve the right to withhold your credit card payment details via our Payment Providers for the purposes of charging you the Fees for our Services. Where we withhold these details, the details will be stored on the Payment Provider’s platform and will not be visible to us directly. 

6. (Late payment) If you fail to pay any amounts due to us under an invoice by the specified due date, we retain the right, without limiting any other rights under these terms, to charge you interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, we will provide you with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by us.

7. (Refunds) Given the nature of the services, we generally don't offer refunds for Services and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we'll consider your situation.

1. COLLECTION NOTICE AND PRIVACY

1. We may collect personal and health information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

2. We take our privacy responsibility seriously and ensure that we adhere to the Australian Privacy Principles and our other obligations at all times when handling your personal or health information. 

3. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

4. By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.

2. INTELLECTUAL PROPERTY

1. OUR IP

1. Intellectual Property Rights in the Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

2. You will not under these terms acquire Intellectual Property Rights in any of Our IP.

2. DEFINITIONS

1. For the purposes of this clause 9:

1. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

2. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

3. CONFIDENTIALITY

1. Except as contemplated by this agreement, we will not permit any of our officers, employees, agents, contractors or related companies to use or to disclose to any person any information of or provided by you to us during a Session or in connection with our Services that is by its nature confidential information, is designated by you to be confidential, or that ought to be understood as being confidential.  

2. This clause does not apply to:

1. information which is generally available to the public (other than as a result of a breach of these terms or another obligation of confidence); 

2. information disclosed or provided to a third party with your consent; 

3. information disclosed where failure to do so may put you or another person at serious risk;

4. information required to be disclosed by any law; or

5. information disclosed by us to our employees, cloud storage providers or agents for the purposes of performing the Services or our obligations under this agreement.

You acknowledge that our team may be located in Australia and overseas.

1. THIRD PARTY TERMS 

1. To provide you with the Services, we may use goods or services provided by third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms), including Zoom and Stripe.

2. Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Services. 

3. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Services.

4. You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Services and you will need to cancel in accordance with this agreement.

2. NOTICES

1. A notice or other communication to a party under these terms must be:

1. in writing and in English; and

2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

2. when replied to by the other party,

whichever is earlier.

1. WARRANTIES

1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

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

2. LIABILITY

1. liability

1. To the maximum extent permitted by law and subject to clause 15.1(a), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Services.

2. Clause 15.1(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clause 6.4.

3. That we would not be liable should we choose to cancel any engagement in our waiting period, during or following our session with you

2. CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

1. DISPUTE RESOLUTION

1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 20 business days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal or tribunal proceedings to resolve the dispute.

1. TERMINATION

1. TERMINATION FOR CONVENIENCE

It is your right to choose whether ongoing Sessions is the right fit for you and you may terminate this agreement by written notice at any time, noting that where you choose to terminate this agreement we will no longer be able to provide you with the Services and any Fees will be non-refundable to the maximum extent permitted by law.

1. TERMINATION FOR BREACH

1. Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.

2. A “Breach” of this agreement means:

1. a party considers the other party is in breach of this agreement and notifies that other party;

2. the other party is given 20 Business Days to rectify the breach; and

3. the breach has not been rectified within 20 Business Days or another period agreed between the parties in writing.

2. EFFECT OF TERMINATION

Upon termination of this agreement:

1. any Fees paid are non-refundable; 

2. each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and

3. each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

1. GENERAL

1. (Governing law & jurisdiction) These terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

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

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

4. (joint & several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

5. (assignment) You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

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

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

8. (interpretation) In these terms, the following rules of interpretation apply

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

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

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

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

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

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

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

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

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

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