erms and Conditions: Please read these Terms and Conditions and our Privacy Policy before using this website or using our services

This site is directed and available to and for the benefit of individuals located in Australia and New Zealand only.

Welcome to our website. If you continue to browse and use this website or book a service with us you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Prosper Psychologists’ (Prosper’s) relationship with you in relation to your use of this website. By using this website, you indicate your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Prosper Psychologists (Prosper) and “You” and “Your” refers to you, the client, visitor, website user, or person using our website.

Amendments of terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Prosper’s rights and obligations to each other.

Use of our service

We reserve the right to change, modify, add or remove services from our offering at any time. Where you have subscribed to a service and it is discontinued, we will make our best effort to find a suitable alternative service within our offering to meet your needs or offer a refund for any unused portion of your service.

Your privacy

At Prosper, we are committed to protecting your privacy. Counselling and Chat Sessions will remain private and confidential, subject to our Privacy Policy and Australian Commonwealth, State and Territory Law. As such you agree not to record video or audio from any session by any means. For chat sessions, you agree not to disclose the content of any chat or to copy chat text to any other application, server, storage device or to print the material.

We use the information we collect about you to maximise services that we provide to you. Prosper respects the privacy and confidentiality of the information provided by you and adheres to Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email.  Prosper will take reasonable precautions to protect Personal Information from unauthorised access. This includes measures to secure all physical facilities and electronic networks. Prosper secures Personal Information that we collect with requirements and agreements between Prosper and our employees and contractors.

Prosper limits access to personal information to those with a valid and legitimate reason for using that information. Prosper information storage includes security measures such as passwords, pins, encryption, session expiries, SSL network encryption, SSL certificate and website transmission encryption, the use of reputable vendors (e.g., Google, Calendly, Zoom), and physical destruction of paper documents once electronically uploaded.

Google security information: click here  

Calendly security information: click here

PureChat security information: click here

Zoom security information: click here

Microsoft security information: click here

Siteground security information: click here

Stripe security information: click here

Limitations of liability

It is an essential pre-condition to you using our website that you agree and accept that Prosper is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or omissions in our documents or information, any goods or services we may offer, or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and consumer act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010, Prosper’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.

Links to other websites

Prosper may provide links on our website to other websites and information on those websites for your convenience. This does not imply sponsorship, endorsement, or approval or arrangement between Prosper and the owners of those websites. Prosper takes no responsibility for any of the content found on the linked websites.

Prosper’s website may contain information or advertisements provided by third parties for which Prosper accepts no responsibility whatsoever for any information or advice provided to you directly by those third parties. We are making a ‘recommendation’ only and are not providing advice nor do we take any responsibility for any advice received in this regard.

Disclaimer

To the fullest extent permitted by law, Prosper absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Prosper gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we endeavour to have correct, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information or as to their accuracy, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Prosper to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it.

Third parties

Prosper does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create business statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Disclosing your information

Prosper may be required, in certain circumstances, to disclose information in good faith and where Prosper is required to do so, in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or relevant third parties.

Exclusion of competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Prosper.

Prosper expressly excludes and does not permit you to use or to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term Prosper will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Prosper reserves the right to exclude and deny any person access to our website, services or information at our discretion.

Copyright and restrictions of use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Prosper expressly reserves all copyright in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole agreement

These terms and conditions represent the whole agreement between you and Prosper concerning your use and access to Prosper’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of unenforceable terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Medical disclaimer

By using our services, you agree that Prosper is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Prosper liable for any actions you take nor can you hold us or any of our contractors or employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Prosper practitioners.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to, substitute specific professional, medical, financial or legal advice. Results are not guaranteed and Prosper takes no responsibility for your actions, choices or decisions, which are solely your responsibility.

Jurisdiction This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Prosper that results in litigation, then you must submit to the jurisdiction of the courts of Queensland and Australia.