The Terms and Conditions
The following are the general Terms and Conditions (the “Agreement”) which govern your access and use of our telehealth services. The services may be provided to you via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website Recharge Wellness and its related apps.
By accessing or using our online services, you are entering into this Agreement. You should read this Agreement carefully before starting to use the online services. If you do not agree to be bound to any term of this Agreement, you must not access the services.
1. Telehealth Services
These online services may be used to connect you with a Service Provider who will provide services to you.
We require every Service Provider providing telehealth services to be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Practitioners must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
Our Service Providers are independent service providers who are neither our employees, nor agents, nor representatives. Our telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Service Providers who provide them. If you feel the Services provided to you do not fit your needs or expectations, you may change to a different Service Provider who provides services through Recharge Wellness.
While we hope the Services are beneficial to you, you understand, agree and acknowledge that these services may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers.
We reserve the right to restrict or terminate your service based on clinical governance requirements and ethical standards that may be impacted by dual relationships with other practitioners.
By agreeing to these Terms & Conditions you hereby acknowledge that the Services provided by the website do not constitute a replacement for in-person care from Doctors or other medical professionals, especially in circumstances of medical or mental health emergencies and crises. In the event of such emergencies, please call triple zero (000) immediately.
2. Pricing of Consultations & Billing Policy
The price of all services provided on the Recharge Wellness platform are subject to pricing schedules reasonably determined by the Company and the Company reserves the right to reasonably set and amend the fees chargeable for services rendered on the platform from time to time in a manner consistent with internal management of the Company and Platform. The prices charged by the Company for the services provided by the Platform are informed in part by the costs associated with the Company’s running and maintenance of the Platform and overhead expenses associated with the Platform.
The billing policies of the Company for the services provided on the Platform are informed by the guidelines set by the Australian Medical Association (‘AMA’) and price increases or adjustments that are made from time to time by the Company are made according to CPI.
All reasonable steps will be taken by the Company to ensure that you, the client of the services provided on the Platform will be notified of the pricing schedule and any changes thereof made by the Company to the prices in the schedule. Payment for the services provided to you on the Platform will be taken from the Direct Debit/Credit Card information provided to the Platform at the time of registration for the Platform. Payment for the services received by you are required by no later than the day upon which the service is received by you. You confirm and agree to use only Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.
3. Government Rebates
If you are eligible for Government/Medicare Rebates for services provided by Recharge Wellness, we will take all reasonable steps to process your rebate claim on your behalf. If we are unable to process an applicable Government/Medicare Rebate, Recharge Wellness will be required to bill you in accordance with our Pricing of Consultations & Billing Policy. We make no warranties and provide no guarantees as to the accuracy, timing or success of such rebate applications processed on your behalf and by agreeing to these Terms of Service you are hereby indemnifying Recharge Wellness and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.
In order to claim Medicare rebates for psychological services, you will need a referral from a GP. Please refer to the Medicare website to determine whether you are eligible for Medicare rebates.
4. Third Party Content
The website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these terms and conditions you agree to indemnify Recharge Wellness and associated companies and directors against any damage or loss caused by any Third Party Content.
5. Disclaimer of Warranty and Limitation of Liability
You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from any Services received via video conferencing, phone or through the website, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Service Provider and/or any other content or information accessible through the website.
You understand, agree and acknowledge that the website, the Company and all associated directors and operators provide absolutely no warranties (express or implied) including but not limited as to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the website is at your own risk. You understand, agree and acknowledge to indemnify and keep indemnified the website and the Company against any indirect, incidental, consequential, special, punitive or exemplary damages.This section (limitation of liability) shall not merge on the termination or expiration of this Agreement.
6. Disclaimer and Copyright
This publication was produced by Recharge Wellness as a resource to guide and inform our readers and/or clients (including those with and without mental disorders). The information provided does not and cannot replace clinical judgment and decision making. Although every care and reasonable effort has been made to ensure the accuracy of the information, no guarantee can be given that the information is free from error or omission. Recharge Wellness, its employees, contractors and psychologists, will accept no liability for any act or omission occurring from reliance on the information provided, or for the consequences of any such act or omission. Recharge Wellness does not accept any liability for any injury, loss, or damage incurred by use of or reliance on information in this document. Such damages include, without limitation, damages that might be regarded as direct, indirect, special, incidental, or consequential. Any reproduction of this material must acknowledge Recharge Wellness as the source of selected passage(s), extract(s), or other information or material reproduced.
7. Your account, representations, conduct and commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account. We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge to indemnify the website and the Company against any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Website, including any Services, are for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organization. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
You agree and commit not to make any use of the Website for the posting, sending or delivering of either of the following:
a. unsolicited email and/or advertisement or promotion of goods and services;
b. malicious software or code;
c. unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
d. any content that infringes a third party right including intellectual property rights;
e. any content that may cause damage to a third party;
f. any content which may constitute, cause or encourage a criminal action or violate any applicable law.You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the website and your relationship with the website, company, or Service Providers.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:
a. your access to or use of the website;
b. any actions made with your account or Account Access whether by you or by someone else;
c. your violation of any of the provisions of this Agreement;
d. non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website; e. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall not merge upon expiration or termination of this Agreement.You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.
8. Modifications, Termination, Interruption and Disruptions to the Website
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the website, any part of or use of the website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
9. Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Australia and those countries we deliver services to globally.You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Australian Court of Law. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.This agreement constitutes the entire agreement between you and us. You may not rely upon any promises or representations by us except as set forth in this agreement.We may change this Agreement by posting modifications on the website. Unless otherwise specified by us, all modifications shall be effective upon posting. By using the website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the website and participation in its services.We may freely transfer or assign this Agreement or any of its obligations hereunder.The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, that provision shall be severed from the rest of the Agreement and the remaining provisions of this Agreement will remain in full force and effect.
Cancellation Policy
Our Cancellation and Late Attendance policy exists to ensure equitable and fair access to our services for all clients.
If you miss your appointment without sufficient notice, you inadvertently deprive another client of the chance to use that slot.
We acknowledge that unforeseen circumstances can occur. In such cases, we will try to accommodate your situation fairly and promptly, as long as you provide us with as much notice as possible.
Cancellation terms:
1. Cancellation by Recharge Wellness
We may cancel, reschedule, or change venues, or substitute Service Providers due to unavailability or unforeseen events. No fees will be charged in these cases.
2. Cancellation by the client:
a) The following cancellation fees apply:
(i) No charge for cancellations made 48 hours or more before the event.
(ii) A fee equal to 25% of the session is charged for cancellations 24-48 hours hours before the event.
(iii) A fee equal to 50% of the session is charged for cancellation less than 24 hours notice prior to the session.
(iiii) If the client has not attended a booking, a fee equal to 100% of the session is charged.
3. Late Appointments
b) If you're late, the Service Provider waits 15 minutes before considering the appointment forfeited, and the late cancellation fee applies.
c) If you arrive within the first 15 minutes, your appointment time is reduced accordingly.
d) The Service Provider may decide to wait longer than 15 minutes or adjust the session duration at their discretion. Clients agree to indemnify Recharge Wellness and its Service Providers against any claims or losses due to cancellations under these Terms & Conditions.
Privacy Policy
Our Service Providers at Recharge Wellness are committed to adhering to the privacy policies, rules, and guidelines set by their respective professional associations, as well as to all relevant Australian laws and legislation. As part of our service provision to you, it is necessary for us to collect, record, and maintain personal information from you. This may include your contact details, medical history, and other information pertinent to the services we provide.
Our Privacy and Consent Policy is crafted to ensure compliance with State Privacy Laws (Health Records and Information Privacy Act 2002 NSW) and National privacy laws and standards (Privacy Act 1998 Cth).
INFORMATION WE RETAIN
We retain your personal information to document your sessions and enable our Service Providers to offer you relevant and informed services. Initially, when you contact Recharge Wellness (via phone, email, or our online platform), you typically provide details such as your name, phone number, address, Medicare, and payment information. You might also give background information relevant to your service needs. This information is stored in our secure database and shared with your Service Provider when you book a service.
For users under 16 years, Recharge Wellness services are accessible only with the consent of a legal guardian or parent, who must also agree to these Terms of Service. We maintain the confidentiality and security of all provided information. However, in certain cases, your information may be shared with third parties:
If legally required or ordered by a court;
In cases of an imminent threat of harm to you or others;
With your express permission, or that of your parent/legal guardian if under 16;
If sharing is directly related to the primary purpose for which the information was collected (e.g., transferring clinical records to another psychologist).
USE OF INFORMATION
Your personal information, or that provided by your parent or legal guardian, is used to manage and administer the services we provide. While Recharge Wellness endeavours to ensure the suitability of our Service Providers, we do not guarantee their suitability for your specific needs.
Throughout your treatment, Recharge Wellness may need to share or request confidential information from third parties like registered medical professionals, all of whom are bound by confidentiality obligations. By accepting these Terms of Service, you authorise such necessary disclosures in compliance with legal requirements or for your treatment. We are committed to handling your confidential information with due care, respecting both our confidentiality protocols and those of third parties.
INFORMATION RETAINED BY SERVICE PROVIDERS
Our Service Providers at Recharge Wellness are independent practitioners and not our employees. They are registered with professional bodies that dictate best practices for information management and service provision.
Your Service Provider will collect additional information during your sessions, often making notes during or right after appointments. This information is crucial for providing you with the best service possible. Service Providers are responsible for securely maintaining this information according to confidentiality policies of their professional organisations and Australian privacy law.
ACCESSING YOUR PERSONAL INFORMATION
You have the right to access your personal information on file with us, within the limits of applicable legislation and laws. We request that you make such requests in writing. Please contact our office for more information or to request access to your information.
COMPLAINTS
Should you have any concerns about your privacy or how we manage your personal information, please contact us directly. If your concerns pertain to information provided to your Service Provider, please contact them directly. For formal complaints, you may contact the Privacy Commissioner at 1300 363 992.
