Website Terms & Conditions

THE PSYCH SKILLS LAB

WEBSITE TERMS AND CONDITIONS

1 INTRODUCTION

(a) These terms and conditions apply when you access or use our website at thepsychskillslab.com and any related website we operate using the same domain name with a different extension (Website).

(b) The Website is operated by Zoe Herriman, ABN 49 550 751 003, trading as The Psych Skills Lab (we, us or our).

(c) By accessing or using the Website, you agree to be bound by these terms. If you do not agree to these terms, you must not access or use the Website.

(d) These terms apply only to your access to and use of the Website. Separate terms may apply when you access the free introductory module, purchase or use the Psych Skills Lab Program, or use a third-party platform through which the Program is delivered.

(e) We may update these terms from time to time by publishing an updated version on the Website. Any change will apply from the date stated in the updated terms, which must not be earlier than the publication date, and we will give reasonable advance notice of any material change where practicable.

(f) Your continued use of the Website after an updated version takes effect constitutes acceptance of the updated terms only if the change and its effective date were reasonably brought to your attention.

(g) A change will not retrospectively remove or materially reduce rights relating to a purchase already accepted without your express agreement, except to the minimum extent required by law or reasonably necessary to address an urgent legal or security risk, and no change will exclude or restrict a right or remedy that cannot lawfully be excluded or restricted.

2 ACCESS AND USE OF THE WEBSITE

(a) You may access and use the Website only:

(i) for lawful purposes;

(ii) in accordance with these terms;

(iii) in a manner that does not interfere with the Website, our systems or another person’s use of the Website; and

(iv) for your own personal and non-commercial use, unless we have agreed otherwise in writing.

(b) You must take reasonable steps to ensure that any person whom you authorise to access or use the Website through your device or network is aware of and complies with these terms, but you are not responsible for unauthorised access that you did not cause or reasonably fail to prevent.

(c) Access to the Website does not, by itself, give you access to the paid modules of the Program. Access to the Program is subject to the separate Program terms and any applicable third-party platform terms.

(d) We may restrict, suspend or withdraw access to all or part of the Website where reasonably necessary and proportionate for maintenance, security, legal compliance, misuse prevention or circumstances outside our reasonable control, and, where practicable, we will give reasonable notice and restore access promptly after the relevant circumstances end.

(e) We do not guarantee that the Website or any particular feature will always be available, uninterrupted or suitable for every device, browser or operating system.

3 YOUR OBLIGATIONS

(a) You must not:

(i) copy, reproduce, mirror, republish, modify, adapt, translate, reverse engineer, decompile or otherwise exploit any part of the Website except as expressly permitted by these terms or by law;

(ii) use the Website or its content for any commercial, clinical, therapeutic, training or institutional purpose without our prior written consent;

(iii) use the Website for any unlawful, fraudulent, misleading or harmful purpose or in a way that facilitates unlawful, fraudulent, misleading or harmful activity;

(iv) interfere with, disrupt, damage or place an unreasonable burden on the Website, its infrastructure or any connected network or service;

(v) use any scraper, crawler, bot, automated script, data-mining tool or similar technology to access, monitor, copy or extract Website content or data without our prior written consent;

(vi) attempt to gain unauthorised access to any part of the Website, any account, server, database, system or network connected to the Website;

(vii) scan, probe or test the Website for vulnerabilities or bypass any security, authentication or access control measure;

(viii) introduce or transmit any virus, malware, ransomware, malicious code or other harmful material;

(ix) overload, flood, crash, mailbomb or participate in a denial-of-service attack against the Website;

(x) impersonate another person, misrepresent your identity or relationship with us, or submit false or misleading information;

(xi) use the Website in a way that infringes another person’s Intellectual Property Rights, privacy, confidentiality or other legal rights;

(xii) link to, frame or embed the Website in a manner that is misleading, deceptive, unlawful or suggests an endorsement, sponsorship or affiliation that does not exist; or

(xiii) act in a way that is reasonably likely to damage the security, operation, integrity or reputation of the Website or our business.

(b) You must not attempt to do anything prohibited by this clause or assist another person to do so.

(c) We may restrict, suspend or terminate your access to the Website if we reasonably believe you have materially breached this clause or your conduct creates a material legal or security risk; except where immediate action is reasonably necessary, we will first notify you of the issue and give you a reasonable opportunity to remedy it.

(d) Nothing in this clause prevents conduct that cannot lawfully be prohibited, including any right you may have to make an honest review, complaint or report to a regulator.

4 INFORMATION ON THE WEBSITE

(a) We use reasonable efforts to keep the Website and its content accurate, current and available. However, you acknowledge that:

(i) the Website may contain errors, omissions, defects or outdated information;

(ii) the Website or any feature may be interrupted, delayed, suspended or unavailable;

(iii) messages or enquiries submitted through the Website may be delayed, misdirected or not delivered;

(iv) information transmitted through the Website may be subject to the security limitations described in these terms; and

(v) Website content may not be complete, accurate, current or suitable for your particular circumstances.

(b) Website content is provided for general informational and educational purposes only. It does not constitute psychological treatment, therapy, counselling, medical advice, diagnosis, crisis support or personalised professional advice.

(c) You should not rely on Website content as a substitute for advice, assessment or treatment from an appropriately qualified health professional.

(d) The Website is not a crisis, emergency or mental health support service. If you are experiencing severe distress, thoughts of self-harm or suicide, or another mental health emergency, you should immediately contact local emergency services, a crisis support service or an appropriately qualified health professional.

(e) We may change, remove, suspend or update Website content or functionality from time to time, including descriptions of the Program, prices, availability, features and other information, but we will not materially alter an accepted purchase or misrepresent the price, features or availability of an offer.

(f) Any price, offer or description displayed on the Website is subject to confirmation at checkout and the applicable Program terms.

(g) We do not guarantee that Website content will remain available or that archived or superseded content will continue to be accessible.

(h) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

5 INTELLECTUAL PROPERTY

(a) The Website and all content and materials made available through it, including text, graphics, logos, branding, page layouts, designs, icons, images, audio, video, downloads, software and other digital content, are owned by or licensed to us (Website Content).

(b) All Intellectual Property Rights in the Website and Website Content are reserved by us or the relevant third-party owner.

(c) Subject to these terms, we grant you a limited, non-exclusive and non-transferable licence to access and view the Website Content for your own personal and non-commercial use while it is lawfully made available to you; we may revoke the licence only where reasonably necessary because of your material breach, a legal or security requirement, or withdrawal of the relevant Website Content.

(d) You may make temporary electronic copies of Website Content only to the extent reasonably necessary to browse and use the Website.

(e) You must not, without our prior written consent:

(i) copy, reproduce, record, republish, upload, transmit, distribute, modify, adapt, translate or create derivative works from any Website Content;

(ii) sell, license, sublicense, rent, commercialise or otherwise exploit any Website Content;

(iii) use Website Content to provide clinical, therapeutic, coaching, training, educational, institutional or commercial services to another person;

(iv) remove, alter or obscure any copyright, trade mark, attribution or proprietary notice;

(v) frame, mirror or embed the Website or any Website Content on another website or platform;

(vi) use any scraper, crawler, bot, automated process or data-mining tool to extract, copy or index Website Content; or

(vii) represent that you own, created, are affiliated with or are authorised to distribute any Website Content.

(f) You may share a link to the Website provided that the link is not misleading, unlawful or presented in a way that suggests an endorsement, sponsorship or affiliation that does not exist.

(g) Website Content relating to the Psych Skills Lab Program remains subject to the separate Program terms, including the licence and restrictions applying to Program materials.

(h) Nothing in these terms transfers any ownership of the Website, Website Content or related Intellectual Property Rights to you.

(i) Intellectual Property Rights means all present and future intellectual and industrial property rights anywhere in the world, whether registered or unregistered, including rights in copyright, trade marks, designs, patents, circuit layouts, business names, domain names, confidential information, trade secrets, know-how and all rights to apply for, renew, extend or enforce those rights.

6 LINKS TO OTHER WEBSITES

(a) The Website may contain links to third-party websites, applications, platforms or resources.

(b) Those links are provided for convenience or informational purposes only. We do not control third-party websites or services and are not responsible for:

(i) their content, accuracy, availability or operation;

(ii) their privacy, security or data-handling practices;

(iii) their products, services, representations or conduct; or

(iv) any loss or damage arising from your access to or use of them.

(c) The inclusion of a link does not mean that we approve, sponsor, endorse or are affiliated with the relevant third party.

(d) You access and use third-party websites and services at your own discretion and subject to the terms, privacy policies and other conditions applying to them, but this does not limit our responsibility for a third-party service that we select, control or use to perform an obligation we owe to you.

(e) Third-party links used to access the Program, process payments or provide related services may also be subject to the separate Program terms.

(f) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

7 SECURITY

(a) You are responsible for taking reasonable precautions when accessing and using the Website, including:

(i) using current security software;

(ii) installing relevant device, browser and software updates;

(iii) using secure devices and networks; and

(iv) avoiding links, downloads or communications that appear suspicious.

(b) You must not introduce or transmit any virus, malware, ransomware, malicious code or other harmful material through the Website.

(c) We will take reasonable technical and organisational steps appropriate to the nature of the Website and information handled through it, but we do not guarantee that the Website, its content or any communication sent through it will be free from viruses, malicious code, vulnerabilities, unauthorised access or other harmful components.

(d) To the maximum extent permitted by law, we are not responsible for loss of or damage to your computer, mobile device, software, systems or data arising from the following circumstances, except to the extent caused or contributed to by our breach, negligence, wilful misconduct or failure to take reasonable security precautions:

(i) your failure to take reasonable security precautions;

(ii) the security settings or condition of your device or network;

(iii) malicious or unlawful conduct by a third party;

(iv) a third-party service acting outside our reasonable control; or

(v) an event outside our reasonable control.

(e) Nothing in this clause excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

(a)

8 REPORTING MISUSE AND WEBSITE ISSUES

(a) If you become aware of any misuse of the

Website, security issue, infringement of our Intellectual Property Rights,

error in the Website Content or difficulty accessing or using the Website,

please notify us promptly at contact@thepsychskillslab.com.

(b) Your notice should include enough information to help us identify and assess the issue, but you must not provide passwords, complete payment card details, sensitive health information or other information that is not reasonably necessary.

(i) correcting or removing Website Content;

(ii) restricting or suspending access to the Website;

(iii) addressing a technical or security issue;

(iv) notifying a relevant third-party service provider; or

(v) taking steps to protect our rights, systems, users or business.

(d) We do not guarantee that every reported error or access issue will be corrected or resolved within a particular timeframe, particularly where the issue is caused by a third-party service or circumstances outside our reasonable control.

9 PRIVACY

(a) We handle personal information collected through or in connection with the Website in accordance with applicable privacy laws and our Privacy Policy, available at thepsychskillslab.teachable.com/p/privacy.

(b) Our Privacy Policy explains how we collect, hold, use, disclose and protect personal information, including information collected through cookies, analytics tools, contact forms and other Website interactions.

(c) Our Cookies Policy, available at thepsychskillslab.teachable.com/p/cookies_policy, provides further information about the cookies and similar technologies used on the Website and how you can manage your preferences.

(d) By using the Website or providing personal information to us, you acknowledge that your personal information will be handled as described in our Privacy Policy and applicable privacy laws; this acknowledgement is not consent where applicable law requires specific, informed or express consent.

(e) Where applicable law requires your consent for a particular collection, use, disclosure or technology, we will seek that consent separately.

10 LIABILITY

10.1 APPLICATION OF THIS CLAUSE

This clause applies to the maximum extent permitted by law and does not exclude, restrict or modify:

(a) any consumer guarantee, right or remedy under the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified;

(b) liability for fraud, fraudulent misrepresentation or wilful misconduct;

(d) liability arising from our infringement of another person’s Intellectual Property Rights, or our material breach of applicable privacy, confidentiality or data-security obligations, to the extent that excluding or limiting that liability would be unlawful or unfair; or any other liability that cannot lawfully be excluded or limited.

10.2 WEBSITE CONTENT AND AVAILABILITY

(a) The Website and Website Content are provided for general informational and educational purposes only.

(b) Subject to any non-excludable rights, we do not represent or warrant that:

(i) the Website or Website Content will be complete, accurate, current, reliable or suitable for your particular circumstances;

(ii) the Website will be continuously available, uninterrupted, secure or error-free;

(iii) the Website will be compatible with every device, browser, operating system or internet connection;

(iv) any defect, error or interruption will be corrected within a particular timeframe; or

(v) your use of or reliance on the Website or Website Content will produce any particular result.

(c) Website Content does not constitute psychological treatment, therapy, counselling, medical advice, diagnosis, crisis support or personalised professional advice and must not be relied on as a substitute for advice, assessment or treatment from an appropriately qualified health professional.

10.3 LIMITATION OF OUR LIABILITY

(a) Subject to the remainder of this clause, our total aggregate liability arising out of or in connection with the Website, Website Content or these terms is limited to the greater of AUD 100 and the amount paid by you directly for the Website access or Website service giving rise to the claim during the 12 months before the event giving rise to liability.

(b) Any liability arising from the purchase, access to or use of the Program is governed by the separate Program terms.

(c) The limitation applies to all claims, whether arising in contract, tort (including negligence), statute, equity or otherwise, except for liability excluded from limitation under the Application of this Clause section.

(d) To the maximum extent permitted by law, we are not liable for loss or damage arising from:

(i) your reliance on Website Content without obtaining advice appropriate to your circumstances;

(ii) your use of the Website contrary to these terms;

(iii) an interruption, error, defect or unavailability caused by a third-party service or event outside our reasonable control;

(iv) unauthorised access, malicious code or other security incident not caused by our failure to take reasonable precautions; or

(v) content, products, services or conduct of a third-party website or service.

10.4 EXCLUDED LOSS

(a) To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special or consequential loss arising out of or in connection with the Website, Website Content or these terms.

(b) To the maximum extent permitted by law, neither party is liable to the other for loss of profit, revenue, business opportunity, anticipated savings, goodwill or data, except to the extent that the loss:

(i) is a direct and reasonably foreseeable result of the relevant breach;

(ii) arises from fraud, wilful misconduct or unlawful conduct;

(iii) results from death, personal injury or damage to tangible property;

(iv) arises from a party’s infringement or unauthorised use or disclosure of the other party’s Intellectual Property Rights, Confidential Information or personal information; or

(v) cannot lawfully be excluded.

10.5 CONTRIBUTORY ACTS AND MITIGATION

(a) Each party must take reasonable steps to minimise any loss or damage it suffers in connection with the Website or these terms.

(b) Our liability will be reduced proportionately to the extent that your act, omission, negligence, failure to follow reasonable instructions or failure to take reasonable precautions caused or contributed to the relevant loss or damage.

11 CONTACT

If you have any questions about these terms or the Website, or wish to give us a notice under these terms, you may contact us at:

Name: Zoe Herriman ABN 49 550 751 003, trading as The Psych Skills Lab Address: PO Box 90, Fullarton SA 5063, Australia.

Email: contact@thepsychskillslab.com

12 GENERAL

12.1 GOVERNING LAW AND JURISDICTION

(a) These terms are governed by the laws of South Australia, Australia.

(b) Subject to any rights you have under applicable consumer law, each party submits to the jurisdiction of the courts and tribunals of South Australia and any courts entitled to hear appeals from them.

(c) Nothing in this clause prevents you from relying on any mandatory law or bringing a claim in any forum that cannot lawfully be excluded by agreement.

12.2 WAIVER

(a) A failure or delay by a party to exercise a right or remedy under these terms does not operate as a waiver of that right or remedy.

(b) A waiver is effective only if it is in writing and given by the party granting the waiver, and applies only to the specific instance for which it is given.

12.3 SEVERANCE

(a) If any provision of these terms is wholly or partly void, illegal or unenforceable, that provision is to be read down to the minimum extent necessary to make it valid and enforceable.

(b) If the provision cannot be read down, the invalid or unenforceable part is severed without affecting the validity or enforceability of the remaining provisions.

12.4 ASSIGNMENT

(a) You must not assign, novate or otherwise transfer any obligation under these terms without our prior written consent, which must not be unreasonably withheld or delayed, but you may assign a right to receive money or pursue a claim on written notice to us unless the assignment would materially prejudice us.

(b) We may assign or otherwise transfer our rights, or novate our rights and obligations with your consent where that consent is legally required, in the following circumstances:

(i) to a related body corporate;

(ii) as part of a sale, transfer or restructuring of all or a substantial part of our business or assets; or

(iii) to another person that assumes the transferred obligations, is reasonably capable of performing them and does not materially reduce your rights or remedies under these terms.

(c) We will give you reasonable advance notice of any transfer by email or through the Website unless doing so is prohibited by law or reasonably impracticable due to an urgent restructure or insolvency event.

12.5 ENTIRE AGREEMENT

(a) These terms and any other terms expressly incorporated into them constitute the entire agreement between you and us concerning your access to and use of the Website. Our Privacy Policy and Cookies Policy explain how we handle personal information and use cookies and similar technologies but do not form part of these terms except to the extent expressly stated.

(b) These terms do not replace or modify the separate terms that apply to your purchase, access to or use of the Psych Skills Lab Program.

(c) Nothing in this clause excludes liability for fraud or misleading or deceptive conduct or limits any right or remedy that cannot lawfully be excluded.

12.6 RELATIONSHIP

(a) These terms do not create a partnership, joint venture, employment, agency, fiduciary, psychologist-client, therapist-client, doctor-patient or other professional relationship between you and us.

(b) Neither party has authority to bind the other or incur an obligation on the other party’s behalf.

12.7 INTERPRETATION

In these terms:

(a) words in the singular include the plural and words in the plural include the singular;

(b) a reference to a person includes an individual, corporation, partnership, trust, association, government body or other legal entity;

(d) a reference to a document includes that document as amended or replaced from time to time, but an amendment will bind a party only in accordance with any applicable notice, consent and variation requirements;

(e) a reference to legislation includes amendments, replacements and subordinate legislation made under it;

(f) the words “including”, “includes” and similar expressions do not limit the words that precede them;

(g) headings are for convenience only and do not affect interpretation;

(h) a reference to writing includes email and other forms of electronic communication;

(i) a reference to dollars or “$” is to Australian dollars unless otherwise stated; and

(j) no provision is to be interpreted against a party merely because that party prepared or proposed it.