Website Terms and Conditions

About the Website

  1. Welcome to www.thenorthground.com (the "Website"). The Website provides an opportunity to browse information about Northground and make bookings for individual psychology therapy sessions (the “Services”).

  2. The Website is operated by Northground Pty Ltd (ABN: 73 693 095 251), a sole practitioner psychology service. Access to and use of the Website, or any of its associated Services, is provided by Northground.  Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must cease usage of the Website or any of the services immediately.

  3. Northground reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Northground updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.


Acceptance of the Terms

    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Northground in the user interface.


Copyright and Intellectual Property

    1. The Website, the Services, and all related materials are protected by copyright under Australian law and international treaties. All rights in the Website (text, graphics, logos, button icons, video/audio clips, code, scripts, design elements, interactive features) are owned or controlled by Northground.

    2. Trademarks, service marks, and trade names are owned by Northground. Northground grants you a worldwide, non-exclusive, royalty-free, revocable license to:
      (a) use the Website pursuant to these Terms;
      (b) copy and store the Website in your device's cache memory; and
      (c) print pages for personal, non-commercial use.

    3. Northground does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Northground

    4. Northground retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.

5. You may not, without the prior written permission of Northground and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.


Privacy

    1. Northground takes your privacy seriously. Any information provided through your use of the Website or Services is subject to Northground’s Privacy Policy, available on the Website.


Website Contact Form

    1. You may choose to complete the Website Contact Form to request information or make enquiries.

    2. Personal information collected may include your email, name, and mobile number.

    3. By completing the Website Contact Form, you consent to receive responses and communications from Northground in relation to your enquiry.


General Disclaimer

  1. Nothing in these Terms limits or excludes any guarantees or rights implied by law, including the Australian Consumer Law.

  2. Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

  • Northground will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  • Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Northground make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Northground) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

 (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of Northground and

(d) the Services or operation in respect to links which are provided for your convenience.


Warranty

    1. Services come with guarantees that cannot be excluded under the Australian Consumer Law.

    2. For major failures with the Services, you are entitled to cancel this Agreement with Northground, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.


Disclaimer 

    1. You agree that when you access the Free Resources you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Northground’s relationship with you, its educational materials and interactions with you. As such, you agree that Northground is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Free Resources it provides.

    2. You understand that the Free Resources are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Free Resources are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.


Information Disclaimer

    1. Any free downloads, information, documentation, tools, social media links or other content provided on the Website, in the Free Resources or through the Services does not constitute professional psychological or medical advice and are provided for general information and illustrative purposes only.  Northground recommends you seek independent psychological or medical advice prior to relying on any information or documentation provided on the Website. Northground will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website or within the Services.

    2. All care is taken in the preparation of the information and published materials on the Website and within the Free Resources, social media accounts, blog, or on any other related platform. Northground does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

    3. ​To the extent permissible by law, Northground will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website and within the Free Resources, social media accounts, blog, or on any other related platform.


Limitations of Liability

    1. Northground’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

    2. You expressly understand and agree that Northground, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.


Indemnity

    1. You agree to indemnify Northground, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your interaction with the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.



Venue and Jurisdiction

    1. The Services offered by Northground is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.



Governing Law

    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.


Independent Legal Advice 

    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


Severance

    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force