Lysn General Terms of Use

1. Terms of Use

These Terms of Use govern your use of the welysn.com website (‘the Website’) which is owned and operated by Lysn Pty Ltd (ACN 614 950 131) (‘we’, ‘us’, ‘our’, ‘Lysn’). By accessing and using the Website or by clicking ‘I Accept’ when signing up for a user account on the Website, you agree to be bound by, and responsible for complying with, these Terms of Use.

We may change these Terms of Use from time to time. Your use of the Website following any such change to the Terms of Use will confirm your acceptance of these changes.

2. Nature of Service

The service offered by Lysn is not an acute service. In cases of emergency, please contact public emergency services immediately by dialling “000” by telephone. We are not responsible for any loss, damage, cost, expense, action, claim, demand, proceeding, injury or liability suffered by any person as a result of a failure by that person or any other person to contact public emergency services.

If you are thinking about suicide, if you are considering taking actions that may cause harm to you or to others, if you feel that you or any other person may be in any danger, or if you have any medical emergency, you must immediately “000” and notify the relevant authorities. You can also contact Lifeline 24 hours a day on 13 11 14 or alternatively obtain resources from Lifeline on www.lifeline.org.au

3. Providers

The Website is a platform through which people may obtain psychology services from qualified Australian psychologists (‘Providers’). We operate the Website solely as an introductory service and we take no part in the provision of psychology, healthcare or any other medical services. The Providers who offer their services on the Website are independent contractors and the advice they provide is independent of Lysn.

All persons who obtain services from Providers through the Website are solely responsible for determining the suitability of the relevant Providers for their particular needs. We do not guarantee or warrant that the Website, or any services provided by any Provider through the Website, is suitable or appropriate for any person.

If you are a Provider, you acknowledge and agree that additional and/or modified terms and conditions will apply to your access and use of the Website. Such terms and conditions are available from the Website after creating a provider account and logging in.

4. User Account

In order to use all of the Website’s features, you must create a user account and complete all mandatory fields in the ‘My Profile’ section of the Website. You must be eighteen (18) years of age or over to create a user account on the Website.

When creating a user account on the Website, you agree you will:

We reserve the right to disclose your identity or other information you provide when establishing a user account if required by law to do so. We may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that the content of your user account is inappropriate or offensive.

We reserve the right to terminate your access to the Website at any time in our sole discretion, without notice.

5. Your Responsibilities

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use. You may not:

6. Fees and Payment

For each consultation booking you make with a Provider through the Website, you agree to pay the following fees to us:

You acknowledge and agree that:

We may allow you to store credit or debit card information on the Website. If you wish to designate a different credit or debit card, or if there is a change in your credit or debit card status, you may access and modify your payment information through the Website.

Unless otherwise expressly stated by us, all Consultation Fees and Bookings Fees are inclusive of Goods and Services Tax.

7. Refunds and Chargebacks

Subject to the paragraph below, we will provide a full refund of the Consultation Fee paid for any consultation booking which is cancelled more than 48 hours before the scheduled start time. If you cancel your consultation booking at any time between 24 - 48 hours prior to the consultation booking, you will be required to pay 50% of the Consultation Fee. No refunds will be given for any consultation booking which is cancelled within 24 hours of the scheduled start time.

If you initiate a chargeback on your credit or debit card, or take any similar action, you must pay us a chargeback fee of AUD $30 on demand. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.

8. Promotions and Discounts

We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms of Use and any other terms and conditions specified by us.

9. Modifications, Termination, Interruption and Disruptions to the Website

We will use our best endeavours to ensure that the Website is accessible on a continuous basis. However, you confirm and acknowledge that we may, with or without notice, modify, suspend, disrupt or discontinue any part of the Website, whether to all users or to you specifically, at any time. You agree and acknowledge that Lysn will not be liable for any of the actions set out above or for any loss or damage that is caused by any of the actions set out above.

You confirm and agree that access to the Website is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Website, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use the Website, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of the Website to you via the Internet.

We do not guarantee that the Website will be uninterrupted or that it will be secure, consistent, timely or error-free. We reserve the right to restrict or remove access to the Website for the purpose of undertaking maintenance and updating of the Website.

You agree that certain parts of the Website may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of the Website are released on such an “alpha” or “beta” basis. We are not responsible for any loss to property or persons incurred as a result of the use by any person of any parts of the Website which are released on an “alpha” or “beta” basis.

10. Security

Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords. You must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to the Website.

We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any loss suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.

We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.

11. Content

We or our affiliates own all rights, title and interest (including present and future copyright) in the Website.

All material on the Website such as articles, written materials, names, trademarks, images, photographs, designs, illustrations, and logos (‘Content’) are owned by, or licensed to, us (unless expressly indicated otherwise). You are granted a nonexclusive, non-transferable licence to use the Website and access the Content in the manner set out in these Terms of Use.

You may use the Website and access the Content only for your personal and noncommercial use. Nothing in these Terms of Use or on the Website will grant you ownership of the Content (or any intellectual property rights in it). You may not sell, modify, copy, distribute, display, communicate or otherwise use the Content unless we have expressly authorised you to do so in writing. You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or the Content in any way.

You are not permitted to post any material on the Website which:

12. Continued Development

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning the Site from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to the Site or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

13. Privacy Policy

These Terms are subject to our Privacy Policy A copy of our Privacy Policy is available at Privacy Policy

14. Links

The Website may contain links or other connections to websites operated by parties other than us (‘Links’). If you use a Link to access a third party website, you do so entirely at your own risk. Our inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. We provide links to Linked Sites for convenience only.

15. Off-Site Conduct

It is a direct violation of these Terms of Use for you to engage in an activity using information obtained from the Website to contact, abuse, advertise, sell to, harass or harm any other person.

16. Termination

We may (in our sole discretion and without prior notice to you) terminate your licence to access the Website and take any legal action we have available against you, if you breach these Terms of Use or we believe the services offered by us are not appropriate for you.

17. Disclaimer and Limitation of Liability

To the fullest extent permitted by law, we exclude all conditions and warranties (express and implied) of any kind in relation to the Website. Under no circumstances (including without limitation, any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, or any inability to use or access, the Website. Certain laws may not allow the exclusion of some conditions and warranties, in which case some of the above exclusions may not apply to you.

You agree that Lysn and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of the Website. In no event will Lysn or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the Content, the Website, or any other information obtained through the Website, even if Lysn, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

You agree that if we are liable for any damages or loss regardless of the cause of action, whether in contract, tort or breach of statute or any other legal or equitable obligations the amount is limited to the Consultation Fee.

The Site is delivered on an “as is” and “as available” basis. In this context, we do not warrant that the Site will be error-free or uninterrupted.

All due care is taken in ensuring that the Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the Site or any Linked Site.

We undertake to take all due care with any information which you may provide when accessing the Website and to store such information in a secure manner in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Website is entirely at your own risk.

From time to time, we may host third party content on the Website such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.

18. Indemnity

You agree to indemnify us and our officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

19. Reporting

If you encounter any content on the Website that you find offensive and which you believe violates these Terms of Use, please report the content to us by e-mailing support@welysn.com. So that we can efficiently deal with your report, please ensure that your report:

20. Confidentiality

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at support@welysn.com.

21. Applicable Law

The Website is controlled from our offices in New South Wales. These Terms and Use will be governed by and construed in accordance with the laws of New South Wales.

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.

22. Contact

If you have any questions or concerns regarding these Terms of Use please contact us at support@welysn.com