Terms & Conditions

Therapy From Home Pty Ltd (ACN 671 575 876) trading as Therapy from Home (ABN 33 671 575 876) (“TFH”)

By using TFH’s services you, the Client, acknowledge and agree to be bound by these Terms and Conditions. Your use of this telehealth service is regulated by these Terms and Conditions.

1. Definitions and interpretation

In this Agreement, unless the context otherwise requires:

• a. Agreement means these Terms and Conditions.
• b. Appointment means a scheduled telehealth appointment with the providers of the Services via Power Diary.
• c. Client means the person requesting, accepting and engaging in Services provided by TFH.
• d. Confidential Information means jointly and severally, the software, Intellectual Property, material, information, advice, training techniques, staff manuals, methods and techniques for conduct of TFH’s business, marketing and public relations information and techniques, together with all other proprietary information and know-how conveyed or conceived by the Client in the course of their relationship with TFH, unless the information is in the public domain (other than due to a breach of this Agreement by the Client).
• e. Fees means the fees charged to the Client in consideration for the Services as disclosed via the Website.  
• f. Gap refers to out of non-refundable pocket cost or the difference between the amount a practitioner charges for a medical service and what Medicare and any private health insurer pays.
• g. Intellectual Property means letters patent, trademarks and/or designs whether registered or unregistered, utility models, copyrights; including design copyrights applications for any of the foregoing and the right to apply for them in any part of the work, discoveries, creations, inventions or improvements upon or additions to any of the above mentioned business names whether registrable or not, moral rights and any similar rights in any country, trade secrets, Confidential Information, known-how, business reputation and all other rights of Intellectual Property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation.
• h. Power Diary means the third party practice management software through which Appointments are booked by Clients.
• i. Service Providers means registered medical practitioners including but not limited to Psychologists, Counsellors, Social Workers, Speech Pathologists, Registered Nurses, Occupational Therapists and/or Psychiatrists providing Services to Clients via either video conferencing, phone or through Power Diary.
• j. Services means the provision of telehealth psychology and counselling/therapy-related services, psychiatry, speech pathology and/or occupational therapy (as required) through either video or telephone conferencing by a Service Provider to a Client.
• k. Stripe means the third party online payment software linked to the Website and Power Diary through which Fees are paid.
• l. Website means TFH’s public website: .
• m. Where the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to TFH. Where the terms “you”, “your” or similar are used in this Agreement, they refer to the Client.
• n. Reference to the singular includes the plural and vice versa.
• o. The words “includes” or “including” are not words of limitation.
• p. Reference to a statute, regulation or other law includes all regulations and instruments made under such law and all consolidations, amendments, re-enactments or replacements of it.
• q. Where a word or phrase is defined in this Agreement other parts of speech or grammatical forms of that word or phrase have a corresponding meaning.

2. Binding Agreement

• 2.1 This Agreement governs your access and use of our Services.
• 2.2 By booking an Appointment you are entering into this Agreement. You should read this Agreement carefully before starting to use the Services. If you do not agree to be bound to any term of this Agreement we will not provide you the Services.

3. Services

• 3.1 We use Power Diary to connect you with a Service Provider who will provide the Services to you.
• 3.2 All Service Providers providing telehealth services are accredited, trained, and experienced licensed practitioners 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 are qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
• 3.3 Services Providers are not employees of TFH. Our Service Providers are independent service providers who are neither our employees, 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 via Power Diary or another private practitioner not related to TFH.
• 3.4 We hope the Services are beneficial to you, but TFH makes no warranty or guarantee that the Services will be beneficial to you. You acknowledge and agree 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 for your circumstances.
• 3.5 We reserve the right to restrict or end the Services based on clinical governance requirements and ethical standards that may be impacted by conflicts of interest with other practitioners.
• 3.6 You hereby acknowledge and agree that the Services provided by TFH do not constitute a replacement for in-person care from Doctors or other medical professionals, including circumstances of medical or mental health emergencies and crises. The Services are not an “on-call” or on-demand service and in the event of such circumstances giving rise for a need of immediate medical care, TFH is not liable and recommends that you call 000 immediately.

4. Fees, Payments

• 4.1 TFH agrees to provide the Services in consideration of you paying the Fees.
• 4.2 The price of all services provided on Power Diary are subject to pricing schedules reasonably determined by us and we reserve 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 TFH. 
• 4.3 Payment of the Fees by you is required via Stripe. Client credit/debit card details must be entered into Stripe upon booking an Appointment and the Client’s credit/debit card shall be charged by the Service Provider the relevant Fees (and any required disbursements and/or taxes) once the Appointment is completed. You acknowledge and agree to pay the Fees for the Services in this manner or as otherwise directed by TFH from time to time.
• 4.4 All pricing figures of the Fees are provided on the Website and via Stripe which may be amended from time to time by TFH. All Fees are expressed in Australian Dollars ($AUD).
• 4.5 Unless stated otherwise, all fees, rates and costs quoted are inclusive of GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth).

5. Late Payments

• 5.1 All Payments of Fees must be made on the scheduled date of the Appointment and in full without any setoff or deduction by the Client. Payment shall be processed pursuant to clause 4.3.
• 5.2 Failing which (for example and without limitation, if the Client has insufficient funds in the relevant credit/debit card account), TFH reserves the right to:
  • 5.2.1 refuse provision of any further Services to you; and/or
  • 5.2.2 charge you penalty interest at a rate of 2% more than the default rate prescribed under the Penalty Interest Rates Act 1983 (Vic) on any amounts that you have failed to pay by the due date. Interest is calculated daily from the due date, continues until the overdue money is paid and is capitalised monthly.

6. Cancellations, Late Appointments

• 6.1 TFH understands that unforeseen circumstances can arise that necessitate cancellation of an Appointment. You acknowledge however that a late cancellation can cause financial loss to TFH and take away an opportunity for another Client to book an Appointment.
• 6.2 You must provide TFH, via Power Diary, at least 48 hours’ prior notice to cancel an Appointment.
• 6.3 If you fail to provide at least 48 hours’ prior notice to cancel an Appointment and provide:
  • 6.3.1 Between 48 and 24 hours’ prior notice, 50% of the Fees is payable by you and will be charged to you credit/debit card.
  • 6.3.2 Between 24 and 0 hours’ prior notice, 80% of the Fees is payable by you and will be charged to you credit/debit card.
• 6.4 You acknowledge and agree that any cancelation fees are reasonable compensation to TFH for a lost Appointment, and that such cancellation fees are not eligible for a Medicare rebate.
• 6.5 If you are more than 20 minutes late to attend an Appointment, 80% of the Fees is payable by you and will be charged to you credit/debit card, and the Appointment will be considered cancelled.
• 6.6 You agree to indemnify and keep indemnified TFH and all of its associated Service Providers against all claims, loss, damage, injury, objections or litigation arising from cancellations or late attendance of any Appointment.
• 6.7 TFH reserves the right to restrict and/or cancel any Appointment at any time if you upload or otherwise transmit any content that is inappropriate, offensive or contrary to any applicable laws or standards. Further, and without limitation, TFH may restrict and/or cancel any Appointment at any time if you engage in verbal abuse and/or threatening behaviour towards any Service Provider. You acknowledge that TFH has a zero tolerance policy in relation to verbal abuse or threatening behaviour by any Client.
• 6.8 If a Service Provider elects to cancel an Appointment due to personal reasons, the Appointment will either be rescheduled free of charge or refunded in full as agreed between the Service Provider and the Client.
• 6.9 You acknowledge and agree that if the telehealth connection fails during the Appointment (however arising, such as but not limited to internet outage by either the Client or the Service Provider), then the Service Provider shall promptly telephone call you on your listed contact number and complete the Appointment via telephone. In these circumstances you acknowledge and agree that there will be no discount applied and the usual Fees will be charged as if the telehealth connection failure had not occurred.

7. Rebates

• 7.1 If you are eligible for any Medicare rebate in relation to the Services, TFH will process the claim on your behalf.
• 7.2 If you are eligible for any private health or other rebate (excluding Medicare) in relation to the Services, you acknowledge and agree that you are solely responsible for making or otherwise processing claims for any such rebate and TFH shall not be liable or otherwise responsible for such claims.
• 7.3 We make no warranty and provide no guarantee as to the accuracy, timing or success of rebate applications you process. Under this Agreement you indemnify TFH and its employees, contractors, agents and authorised officers against all loss, damage, injury, claims and objections.

8. Confidentiality

• 8.1 When you are using Power Diary your personal information is kept secure and confidential. We will not share your information with any other organisation without your consent, except where we are required to do so under law. This may apply in circumstances where we have a duty at law to disclose such as if:
  • 8.1.1 you are at serious risk of harming yourself,
  • 8.1.2 harming someone else, or
  • 8.1.3 there is a child protection concern,
  • in the opinion of TFH and/or any of its Service Providers.
• 8.2 TFH may also be required to share confidential information with, or otherwise request confidential information from, third parties including your General Practitioner and/or Specialist (if any) that is not a Service Provider of TFH but are involved in your medial treatment. If you do not want this to occur you must inform TFH in writing. 
• 8.3 You agree to keep secure, confidential and not use or disclose to any third party, without TFH’s prior written consent, any Confidential Information and/or Intellectual Property of TFH. This includes, without limitation, any reports or assessments prepared by TFH in relation to the Services, and any other information disclosed by us to you that is or might be of a confidential nature.
• 8.4 In participating in any Appointment, you warrant and agree to participate in the Appointment in a private and confidential space. If you participate in any Appointment in any public area that is or may within earshot or visible to any other person other than the Client, to the fullest extent permitted by law you waive all rights to the confidentiality of your personal information and any and all information related to the Services you engage TFH for.
• 8.5 TFH reserves the right to cancel or end any Appointment if you fail to participate in an Appointment within a confidential space, or if TFH deem it inappropriate to continue an Appointment if TFH form the reasonable opinion that the Appointment is not or is no longer is a secure environment.
• 8.6 You acknowledge and agree that demographic data may be collected and used for the purposes of clinical supervision and/or to evaluate the Services.  
• 8.7 You acknowledge and agree that neither the Service Provider or the Client may at any time record (whether audio, visual, or both) any Appointment. You acknowledge that the Service Provider may take notes during the Appointment.

9. Privacy

• 9.1 TFH and its Service Providers are bound by the privacy policies, rules and guidelines of the Australian Health Practitioner Regulation Agency, in addition to applicable Australian laws such as the Privacy Act 1988 (Cth) and the Privacy and Data Protection Act 2014 (Vic).
• 9.2 Your data records will be stored on Power Diary. TFH will take reasonable steps to ensure the security and confidentiality of material and data you upload onto Power Diary. However, you acknowledge and agree that Power Diary is a third party service provider to TFH, and therefore TFH cannot guarantee that such material will be protected against any loss, damage, alteration or misuse.
• 9.3 TFH will not be responsible for any harm that you or any other person may suffer in connection with any loss, damage, alteration or misuse of material transmitted or uploaded onto Power Diary.
• 9.4 You acknowledge and agree that in order for TFH and its Service Providers to provide you the Services, it will be necessary for us to collect, record and maintain personal information from you which includes your personal contact details, medical history and any other information relevant to the Services. You acknowledge that we may deal with your personal information in accordance with clause 8 of this Agreement and/or as otherwise permitted at law.
• 9.5 Your personal information and data is retained and stored on Power Diary in order to document an Appointment and assists us to provide relevant, appropriate and informed Services for you, including on an ongoing basis.
• 9.6 Service Providers provide the Services for TFH, but are independent practitioners and are not employed by TFH. Service Providers must be registered members of professional bodies which stipulate best practices for information management and the provision of Services undertake for TFH.

10. Third party information

You acknowledge and agree that:

• 10.1 the Website provides links to third party websites and services, including but not limited to Power Diary and Stripe;
• 10.2 TFH and/or any Service Provider is not responsible or liable in any way for any information contained on any linked third party website or service, including but not limited to the medical history and personal information of the Client; and
• 10.3 TFH provide and operate the Website only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to you via the Website by any third party or any other user of the Website.

11. Limitation of Liability

• 11.1 To the full extent permitted by law, you 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 Power Diary.
• 11.2 The use of Power Diary and telehealth services by you to engage with TFH is at your own risk.
• 11.3 This clause 11 shall not merge on the termination or expiration of this Agreement.

12. Warranties

• 12.1 You warrant that you are legally capable to consent to receive the Services, or have the consent of a parent or guardian if under the age of 18, and that you are legally able to enter into this Agreement.
• 12.2 You warrant that all the information that you provided in or through Power Diary at any time is accurate, true, current and complete. 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.
• 12.3 You acknowledge and agree that you are responsible for maintaining the confidentiality of your Power Diary password and any other security information related to your account. You agree to notify us immediately of any unauthorised use of your Power Diary account or any other concern for breach of your Power Diary account.
• 12.4 You acknowledge and agree to indemnify TFH against any loss or damage incurred as a result of another person using your account, either with or without your consent and/or knowledge.
• 12.5 You agree and confirm that your use of Power Diary and any Services are for your own personal use only and that you are not using Power Diary or the Services for or on behalf of any other person or organisation.

13. Power Diary

• 13.1 You acknowledge and agree that we may modify, suspend, disrupt or discontinue use of Power Diary and provision of the Services at any time with or without notice to you.
• 13.2 You acknowledge and agree that we are not be liable for any losses or damages that are caused by any of the aforementioned actions taken by us.

14. Force Majeure

• 14.1 For the purposes of this clause, “Event of Force Majeure” means any act, event or cause not reasonably within the control of the parties and which, by the exercise of reasonable diligence, the parties are unable to prevent or overcome including, but not limited to, acts of God, strikes, lockouts and other industrial disturbances, acts of the public enemy, acts of terror, sabotage, wars, blockades, military action, insurrections or riots, public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), lockdowns ordered by the government or any governmental authority as a result of any public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), landslides, subsidence, lightning, earthquakes, fires, storms or storm warning, crevasses, floods or washouts, civil disturbances, explosions, inability of any party to obtain necessary materials, supplies, rights of way or permits after the exercise of reasonable diligence or any action or restraint by any government authority (so long as the party claiming relief has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such action or restraint, and as long as such action or restraint is not the result of a failure by the claiming party to comply with the applicable law).
• 14.2 Notwithstanding anything to the contrary in this Agreement:
  • ​a). With the exception of your obligation to pay the Fees, neither party shall be liable for any default, failure or delay in performance of any of its obligations under this Agreement if and to the extent that such default, failure or delay is caused, either directly or indirectly, by an Event of Force Majeure, and without the fault or negligence of the party so who has so defaulted, failed or delayed.
  • ​b). With the exception of your obligation to pay the Fees, in the event that an Event of Force Majeure occurs and the Appointment is unable to proceed:
    • i). TFH will work with the Client to re-book the Appointment within a reasonable period of time, not exceeding 14 days from the original Appointment date.
    • ii). Both parties agree to negotiate in good faith for the purpose of arranging a mutually acceptable new date for the new Appointment date.
    • iii). If the Client cancels the Appointment for any reason, all amounts already paid to TFH will be non-refundable.

15. Governing law

This Agreement is to be governed by and interpreted in accordance with the laws of the State of Victoria, which is the agreed jurisdiction and forum for any dispute concerning this Agreement.

16. Assignment

• 16.1 The Client must not, without TFH’s prior written consent, assign, transfer or novate this Agreement or any of its rights or obligations arising out of or under this Agreement.
• 16.2 A purported assignment without written consent will be deemed to be void and convey no rights or obligations.

17. Entire agreement

This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.

18. Variation

We may vary this Agreement by publishing updated version(s) on the Website. Unless otherwise specified by us, all updates shall be effective upon the publication date. By booking an Appointment after we publish an updated version of this Agreement and it is effective, you agree to be bound by such updated version of this Agreement. If you do not agree to the updated version of this Agreement, you must cease access to the Website and engagement of the Services.

19. Severance

If any part of this Agreement is deemed illegal, unfair or unenforceable, such part shall be severed and all remaining provisions of this Agreement shall continue to bind the parties.

20. Contra Proferentem

The contra proferentem principle does not apply to this Agreement.

21. Waiver

No right under this Agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A waiver by one party of its rights as a result of a breach by any other party under this Agreement does not prejudice its rights in respect of any other breach by that other party.