Terms & Conditions
Terms & Conditions
These Terms and Conditions govern the services of www.counselllingandtherapy.nz internet site(s) and their associated services (the ‘Terms and Conditions’) which it provides in conjunction with other partners.
1. Counselling & Therapy NZ
4. Counselling & Therapy NZ Responsibilities
5. Personal Data and Information
8. Complaints, Refunds and Cancellations
15. Intellectual Property Rights
1. Counselling & Therapy NZ
1.1. Counselling & Therapy NZ is a limited company incorporated in New Zealand, company number 3324771, which conducts face to face, online, and internet based counselling services. The registered office is in Auckland, New Zealand. You may contact us via our website.
2. Services
2.1 These Terms and Conditions are legally binding between you and us. They govern your access to the www.counselllingandtherapy.nz and the services we provide. Your access to Counselling & Therapy NZ services and Counselling & Therapy NZ Website(s) are subject to compliance with these Terms and Conditions.
3. Your Obligations
3.1 You agree, represent and confirm that the following are true and will be true each time that you use Counselling & Therapy NZ services and each time you enter Counselling & Therapy NZ website:
3.2 You have (or any person designated by you) has, all requisite power, authority and approvals to enter into or perform your obligations (and/or the obligations of the person on whose behalf you are acting) under these Terms and Conditions;
3.3 In accepting these Terms and Conditions you are not relying upon, any statements, representations, promises, or undertakings by Counselling & Therapy NZ whatsoever that are not contained herein;
3.4 You will not use Counselling & Therapy NZ services or Counselling & Therapy NZ Website(s) for any purpose which is unlawful, abusive, libellous, obscene or threatening.
3.5 Whilst all information submitted by you to the Counselling & Therapy NZ Website, including your credit card details, you accept the risk that data transmitted electronically via WCounselling & Therapy NZ service(s) or the Counselling & Therapy NZ Website may be intercepted before reaching Counselling & Therapy NZ (or when transmitted by Counselling & Therapy NZ to you). Counselling & Therapy NZ takes no responsibility, but all care, for breaches. In order to avoid interception of email it is strongly suggested that you 1) never send/receive personal emails from a work computer and 2) that you always double check the To: address box prior to clicking the send button. It is strongly recommended that you password protect all correspondence with Counselling & Therapy NZ. Counselling & Therapy NZ can assure computers and email used for supplying therapy are password protected. Encryption can be used if this is available on your system. You assume full risk and responsibilities therefore and for the protection of any computer system you use from viruses and other potentially destructive programs.
3.6 You are responsible for ensuring that all information that is provided to Counselling & Therapy NZ in your enquiry for advice or therapy is complete and accurate; including details of any previous or ongoing medical conditions and mental health issues. Any advice, comment or information may be dependent upon that.
3.7 Counselling & Therapy NZ takes no liability for any advice, comment or information that it gives to you.
3.8 You are responsible for providing all information that you feel may be relevant to your therapist and to update the therapist should your circumstances significantly change.
3.9 You understand that you will be evaluated for the appropriateness of this type of advice or therapy and if Counselling & Therapy NZ believes you would be better served elsewhere, a recommendation will be made to you.
3.10 You are responsible for notifying your doctor that you are seeking therapy advice.
3.11 We recommend you get a full medical check with any sexual issues you may have before therapy.
3.12 You accept full responsibility for monitoring any Counselling & Therapy NZ Account(s) you may have. You agree to notify us immediately if you are aware of any credit card fraud, loss, theft, or unauthorised use of any of your password(s) or account numbers.
4. Counselling & Therapy NZ Responsibilities
4.1. Counselling & Therapy NZ will use best endeavours to ensure that all advice, comments, information and therapy will be provided with appropriate skill, care and sensitivity though Counselling & Therapy NZ cannot be held responsible for any action taken by you directly or indirectly on the basis of what it provides.
4.2. Counselling & Therapy NZ advisors responding to you via Counselling & Therapy NZ Website(s) are trained.
4.3. Though all reasonable care shall be taken by Counselling & Therapy NZ to ensure that the text of sessions is kept confidential, Counselling & Therapy NZ shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties interception of online sessions.
4.4 Counselling & Therapy NZ reserves the right at its sole discretion to terminate the provision of therapy at any time if ongoing treatment is considered inappropriate for any reason.
4.5 Counselling & Therapy NZ, its staff and therapists will use best endeavours to ensure that their computer systems are protected from viruses and other potentially destructive programs.
4.6 Counselling & Therapy NZ will store all advice and therapy correspondence on its computers.
5. Personal Data and Information
5.1 Counselling & Therapy NZ shall treat all information between you and Counselling & Therapy NZ therapists as confidential except as provided for in its Privacy Policy that can be accessed on our website, and subject to the qualifications on security of data transmitted electronically as provided for in 3.5 above.
5.2 Clients are not to be discussed with anyone not employed by Counselling & Therapy NZ in any way that can identify them as an individual. For the purposes of this Privacy Policy, personal information is any information about an identifiable individual.
5.3 All Counselling & Therapy NZ staff may use or disclose information without your consent or authorization in the following circumstances:
1. Child Abuse: If a staff member has reason to believe that a child has been, or may be, abused, neglected, or sexually abused, they must make a report of such.
2. Adult Abuse: If a staff member has reason to believe that an elderly or disabled person is in a state of abuse, neglect, or exploitation, they must immediately report such.
3. Health Oversight: If a complaint is filed against your therapist with their respective state licensing board, they have the authority to subpoena confidential mental health information from Counselling & Therapy NZ.
4. Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under state law and it will not be released by Counselling & Therapy NZ, without written authorization from you or your personal or legally appointed representative, or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advance if this is the case.
5. Serious Threat to Health or Safety: If a staff member determines that there is a probability of imminent physical injury by you to yourself or others, or there is a probability of immediate mental or emotional injury to you, they may disclose relevant confidential mental health information to medical or law enforcement personnel.
6. Abuse or Sexual Exploitation by Therapist: To report client abuse or sexual exploitation by a previous therapist to the appropriate licensing board.
6. Assignment
6.1 Counselling & Therapy NZ’s rights and obligations as under these Terms and Conditions may be assigned without your prior consent.
6.2 Your rights and obligations under these Terms and Conditions are deemed to be personal to you and are not capable of being assigned to anyone.
7. Fees
7.1 You shall pay fees (and other relevant charges) for Counselling & Therapy NZ services and any other services directly to Counselling & Therapy NZ.
7.2 Fees are normally charged by credit card, online, cash, or bank deposit; however, Counselling & Therapy NZ shall not be obliged to provide any written therapy until the appropriate Fees have been received.
7.3 Clients are liable for debt collection costs.
8. Complaints, Refunds and Cancellations
8.1 If you feel that the advice, comments, information and/or therapy received is not of a sufficient standard or for any other reason you believe has been defective or failed to reach you, you may claim a refund by writing to Counselling & Therapy NZ, or via our website, stating clearly reason(s) for the complaint. Counselling & Therapy NZ’s liability in this regard shall be limited to the actual cost of the fees paid by you to Counselling & Therapy NZ by the time of the complaint and at its sole discretion. This does not affect your rights under any applicable Consumer Protection Acts or rights. If you have a complaint against one of our therapists, please contact us as above and this will be taken very seriously. You may choose to refer such a complaint to the professional organisation to which we have membership.
8.2 Because of the nature of the payment system used on the Counselling & Therapy NZ Website(s), you accept that it is not possible for you to cancel any service you have embarked upon with Counselling & Therapy NZ; however this does not affect your right to claim a refund.
8.3 In the event that you are unable to attend a Counselling & Therapy NZ real-time service session (i.e. chat, telephone or face-to-face) you will only be entitled to a refund of the fee if written (including by text or e-mail) has been received by Counselling & Therapy NZ up to 48 business hours before any such appointment.
8.4 Counselling & Therapy NZ reserves the right to terminate the provision of therapy at any time if ongoing treatment is considered inappropriate for any reason. If so, Counselling & Therapy NZ will give a refund for any paid session that has not been provided.
8.5 Counselling & Therapy NZ tries to be flexible with changing the time of sessions. However, repeated cancellations may result in charges for sessions.
9. Liability and Indemnity
9.1 Neither Counselling & Therapy NZ, or its associated companies (either in existence now or that might exist in the future), partners, agents, licensors, or delegates, or our or their directors, officers or employees (‘Relevant People’) will be liable for any losses, costs, liabilities or expenses (including, without limitation, loss of profit) (together ‘Losses’) incurred by you in connection with these Terms and Conditions (including, without limitation, any loss which may arise directly or indirectly from your inability to access either Counselling & Therapy NZ or Counselling & Therapy NZ Website(s) for any reason or for the failure of a transmission of information to you including, but not limited to, those that receive email.
9.2 The content provided and or sourced by Counselling & Therapy NZ, and provided to you or others on this site, via e-mail, courses, or any other medium, including, but not limited to that which is quotes, data and other information, is sourced from third parties for your personal information only, and is not intended for any other purpose. Content provided and or sourced by Counselling & Therapy NZ is not appropriate for the purposes of making any decisions with regard to your sexual health or your relationship(s). Any decisions taken by you whether or not based on any information, advice or comment made by Counselling & Therapy NZ is entirely yours. Online advice and therapy is not intended nor implied to be a substitute for professional medical advice nor is it an alternative to face-to-face therapy. The appropriateness and effectiveness of advice is based on open and honest communication between client and therapist. Working online in a purely text based environment means neither individual can hear verbal tone or read facial expressions and body language. Consequently, misunderstandings are more likely and it is essential that both client and therapist commit to clear communication, a high level of clarification and the client can make no reliance on any advice, comment or information provided by Counselling & Therapy NZ therefore. Nor is it not possible for Counselling & Therapy NZ to guarantee security and confidentiality of information when working via e-mail, though every effort will be made to do so (see Privacy Policy).
9.3 Whilst Counselling & Therapy NZ will endeavour to ensure the accuracy or timeliness of any information supplied, Counselling & Therapy NZ makes no guarantees in relation to these factors and you should manage your use of Counselling & Therapy NZ service(s) and Counselling & Therapy NZ Website accordingly.
9.4 Neither Counselling & Therapy NZ nor its third party service or content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. Counselling & Therapy NZ disclaims all warranties, expressed or implied, as to the accuracy or timeliness of any of the content provided, or as to the fitness of the information for any purpose, regardless of the medium used to supply content.
9.5 Counselling & Therapy NZ does not guarantee the accuracy of or endorse the views or opinions given by, or found in any third party content. Counselling & Therapy NZ may point to or refer to other Internet sites that it feels may be of interest to you; however Counselling & Therapy NZ does not endorse or take responsibility for the content on such other sites. Counselling & Therapy NZ may provide content from other internet sites, and other third-party information sources including, but not limited to, printed material. However, Counselling & Therapy NZ does not endorse or take responsibility for the content sourced from third-party internet sites, third-party printed material or any information sourced from third parties of any kind.
9.6 You agree to indemnify Counselling & Therapy NZ, its associated companies, agents and delegates and its and their directors, officers, counsellors, and employees (each an ‘Indemnified Person’) against Losses incurred by us or in connection with these Terms and Conditions. This indemnity does not apply to any Relevant Person in so far as Losses result directly from the proven negligence, wilful default or fraud by such Indemnified Person.
9.7 Insurance cover for Counselling & Therapy NZ if only provided for face to face clients within their Jurisdictional Limits, which for this policy is New Zealand only.
9. 8 Counselling & Therapy NZ does not guarantee the accuracy of or endorse the views or opinions given by its associated companies, agents, therapists and delegates and its and their directors, officers and employees (each an ‘Indemnified Person’)
9.9 In the event of any inconsistency between this Clause and any other Clause provisions of this Clause shall prevail.
10. Subscription services
10.1 Counselling & Therapy NZ may terminate any subscription to any of Counselling & Therapy NZ services with no notice, at any time, but will inform the subscriber of the cancellation at that time.
10.2 A fair usage policy applies to any ‘unlimited’ or other subscription model that may be offered by Counselling & Therapy NZ from time to time. The fair usage policy may, at Counselling & Therapy NZ’s discretion, be applied to users that ask more than the equivalent of 20 questions in any 30-day period. Counselling & Therapy NZ may entirely at its own discretion choose to terminate the subscription of any user consistently using the service more than this amount.
11. Termination
11.1 Counselling & Therapy NZ may terminate any agreement to which these Terms and Conditions apply by giving written notice (which may be by text message or e-mail); such termination shall take effect immediately or after such periods as specified in the notice.
11.2 Counselling & Therapy NZ may at any time close an account, cease to offer any or all Counselling & Therapy NZ services or stop you from gaining access to Counselling & Therapy NZ Website(s) (and thereby any Counselling & Therapy NZ service offered there) for any reason at its sole discretion and without notice.
12. Notices
12.1 All notices or other communications (‘Communications’) may be given orally unless required to be given in writing. References to writing include electronic mail. Notice shall be deemed to be given where an electronic mail has been sent to a party at the electronic mail address or phone number that is entered under the registration form and updated from time to time.
13. Right to decline service
13.1 Counselling & Therapy NZ may from time to time decline to provide any or all of its services, either on a permanent basis, or in a single instance or instances in such cases as it sees fit solely at its own discretion and without warning or explanation. This will apply to, but will not be limited to, those requests that we believe to be inappropriate, outside the scope of our services, defamatory, illegal, offensive or in any way anti-social.
14. Amendment
14.1 Counselling & Therapy NZ may amend these Terms and Conditions, at any time by posting such amendments to Terms and Conditions on Counselling & Therapy NZ Website.
15. Intellectual Property Rights
15.1 You acknowledge that (other than information provided by you) the Intellectual Property Rights in and to Counselling & Therapy NZ and any rights to information, documentation, images and other material of whatsoever nature displayed on Counselling & Therapy NZ’s Website and/or emailed as part of an advice or therapy session are the property of Counselling & Therapy NZ and you shall assert no right, title or interest in or to any such materials.
15.2 Counselling & Therapy NZ is for personal, business and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from Counselling & Therapy NZ Website and/or information emailed as part of an advice, courses, or therapy session. You may only download content to your personal computer for viewing purposes and print out pages of this Website for your personal use. Republication or redistribution of Counselling & Therapy NZ content, including by framing or similar means, is expressly prohibited without the prior written consent of Counselling & Therapy NZ.
15.3 Counselling & Therapy NZ and Counselling & Therapy NZ logo are trademarks, or trademarks for which registration has been applied for, of Counselling & Therapy NZ (a trading name of Intimacy Counselling Ltd).
16. Governing Law
16.1 These Terms and Conditions are governed by New Zealand Law and you and Counselling & Therapy NZ (a trading name of Intimacy Counselling Ltd) submit to the exclusive jurisdiction of the New Zealand Courts for all matters arising in connection with those Terms and Conditions. Counselling & Therapy NZ controls its business from within the country of New Zealand. It can, however, be accessed from other places around the world. Although these places may have different laws from those of New Zealand, by accessing and using any of Counselling & Therapy NZ services you agree that the laws of New Zealand, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of any and all Counselling & Therapy NZ Website(s) and services. You and Counselling & Therapy NZ also agree to submit to the exclusive jurisdiction of the New Zealand courts, with respect to such matters. Users of Counselling & Therapy NZ services and sites, accessing from places outside of New Zealand, acknowledge that they do so voluntarily and are responsible for complying with their local laws.
Copyright © Intimacy Counselling (a trading name of INTIMACY COUNSELLING LIMITED) 2011. All rights reserved.
17. COMPLAINTS PROCEDURE
Counselling & Therapy NZ welcomes all feedback of their services, whether positive or negative. Please make direct contact with Counselling & Therapy NZ if there is any feedback you would like to provide.
All the therapists working for Counselling & Therapy NZ service comply with a strict code of ethics. To view these ethics please see the Code of Ethics page.
1. If you have any complaint about the professional conduct of your therapist, in the first instance, please contact Counselling & Therapy NZ by email, putting ‘complaint’ in the subject box. Please provide as much information as possible. Your complaint will immediately be passed to our Clinical Director. You will then receive a formal written acknowledgment of your complaint. The Clinical Director will liaise directly with the therapist involved and investigate your complaint. Depending on the nature of your complaint, you may be contacted to discuss the matter. You will receive a written response within 4 weeks of Counselling & Therapy NZ receiving your complaint in writing. All complaints must be received within 6 months of them having arisen.
2. If your concern is not resolved following this first stage, you can appeal in writing stating the reasons for your dissatisfaction. The Clinical Director of Counselling & Therapy NZ will assess how to proceed with your appeal and may want to contact you again to discuss your dissatisfaction. The Clinical Director of Counselling & Therapy NZ will inform you of the outcome of the appeal within 8 weeks of receiving your appeal in writing.
3. If you continue to be dissatisfied, a further appeal in writing will be forwarded to Counselling & Therapy NZ’s designated external adjudicator who will not have been previously involved in the matter. They will assess your outstanding concerns and the investigation to date. You will receive a copy of the outcome of this investigation. NB. appeals must be received in writing and within 4 weeks of receiving previous correspondence.