Debby Heath Psychotherapy and Counselling

0432 941 237

Bella Vista, Sydney

"Courage starts with showing up and letting ourselves be seen"

Brene Brown



Provider means Debby Heath Psychotherapy and Counselling (ABN 29 364 992 301) of Bella Vista, NSW 2153, contactable on

User means you, the person using Provider’s Service, contactable on any email communicated to Provider.


Capitalised words and phrases are defined in the “Definitions” section of this document unless otherwise specified.

Provider operates a website. The User will use the website on the terms and conditions of the Agreement.

It is agreed as follows.

1. Agreement Creation
User agrees to the terms of the Agreement by using the Services.

2. Agreement Duration
The Agreement will apply during the use of the Service by User.

3. Services Use
Provider grants User a right to use the Service subject to the terms and conditions of the Agreement.

4. Age Restrictions
User will not use the Service unless User is over 18 years of age.

5. Intellectual Property Protection
(a) Provider reserves the right to alter any element of the Service IP at its discretion.

(b) User agrees not to reverse engineer any part of the Service IP.

(c) No licence or right is granted over any intellectual property in the Service IP unless explicitly described in the Agreement.

(d) User does not have any right to resell or sub-licence the Service IP unless the Agreement explicitly provides otherwise.

(e) If User provides Feedback to Provider, User Transfers Intellectual Property Ownership in the Feedback (and any resulting enhancements to the Service) to Provider.

6. Privacy
(a) Provider will store and use the Personal Information of User in accordance with Provider’s Privacy Policy.

(b) User is responsible for its own compliance with privacy law. Provider does not promise that any use of the Services by User complies with any privacy law.

7. Acceptable Use
(a) User agrees to use the Service in accordance with the law at all times and only in ways that the Service was designed to be used.

(b) User agrees not to use the Service to communicate or store any Prohibited Information.

(c) User agrees not to use the Service such that the use interferes with Provider’s ability to provide the same service to other parties.

(d) The parties agree that a breach of this acceptable use clause gives Provider the right to immediately suspend User’s access to the Service until Provider is reasonably satisfied that the use breaching this clause will be discontinued.

8. Posted Information
User agrees that:

(a)it is responsible for the legal consequences arising from Posted Content;

(b) Provider is in no way responsible for legal consequences arising from Posted Content;

(c) Provider may edit or remove Posted Content at its discretion; and

(d) User promises that it will not, by posting Posted Content, infringe the Intellectual Property Rights of any third party, or cause Provider to do so.

9. Relying on information
(a) Provider does not promise that any Service Content is complete or correct.

(b) User agrees that it should verify any Service Content before relying on it in any way.

(c) Provider may change the Service Content at its discretion without any warning or notification to User.

(d) To the extent that Service Content is third party advertising, User agrees that Provider does not endorse the third party advertiser or any of its information, products or services.

10. Limitation of Provider’s Liability
The amount User can claim from Provider in relation to the Agreement and Services (including for any Example Limitation Risks) is Limited To The Legal Minimum.

11. Agreement Changes
(a) Provider may change the Agreement at any time, without giving User notice.

(b) Any such changes will only apply to any future use of the Services.

(c) User must review the Agreement each time they use the Services.

(d) If User does not agree to the Agreement changes, User must cease using the Services.

12. General Provisions
12.1 Governing law

(a) The governing law of the Agreement will be the law of New South Wales.

(b) The parties agree that this state or territory will be the exclusive jurisdiction for any proceedings under the Agreement.

12.2 Notice

Parties will send notices and other written communications connected with the Agreement to the contact details listed in the “Parties” section.

12.3 Agreement technicalities

The parties agree to:

(a) the Boilerplate Provisions; and

(b) the Interpretation Principles.


1. Agreement

means the agreement arising between the parties in accordance with this document and the other documents referred to by this document.

2. Boilerplate Provisions

The following sections apply to the Agreement.

2.1. Further assurances

The parties agree to do everything required to give full effect to the Agreement.

2.2. Entire agreement

The Agreement and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of the Agreement.

2.3. Electronic signature

The Agreement may be executed or entered into electronically.

2.4. Counterparts

The documents constituting the Agreement may be executed in multiple counterparts. The counterparts will be read as one legal document.

2.5. Waiver

No right or obligation under the Agreement will be waived unless the waiver is explicitly made in writing.

2.6. Severance

Any unenforceable or invalid term of the Agreement will only be severed to the extent of the unenforceability or invalidity without affecting any other term in the Agreement.

2.7. Binding on successors

The Agreement is binding on each party’s successors and permitted assigns.

2.8. Agreement expenses

The parties will cover their own expenses in preparing the Agreement documents.

3. Compulsory Conditions, Compulsory Condition

means any condition, warranty or guarantee that the law does not permit to be limited or excluded (such as the consumer guarantees under the Competition and Consumer Act 2010 (Cth)).

4. Example Limitation Risks

means any liabilities arising from the risks described below.

Risks from data, including:

(a) the storage of any third party data;

(b) a third party pursuing a right conferred by privacy or data protection law;

(c) breach of privacy or data protection law;

(d) corrupted or lost data;

(e) breach of any law in connection with spam; and

(f) digital security issues like malware.

Risks from software and network, including:

(g) failure of any software, hardware or network components provided by a third party;

(h) faulty technical data created by software;

(i) digital security issues like software vulnerabilities;

(j) the use of software for unlawful activity;

(k) software or network that’s inaccessible for any reason; and

(l) software in a testing phase like (or analogous to) beta and alpha software.

Risks from intellectual property, including:

(m)  any third party claim or legal action for intellectual property infringement; and

(n) risks relating to infringement of third party intellectual property.

Risks from the Agreement, including:

(o) breaches of the Agreement;

(p) any delay connected with the Agreement;

(q) negligence connected with the Agreement and its subject matter;

(r) the termination of the Agreement;

(s) any act or omission connected with this agreement; and

(t) third party reliance on the subject matter of the agreement.

5. Feedback

means any comments or suggestions on the Service by User resulting from use of the Services by User.

6. Intellectual Property Rights

means all present and future rights conferred by common law, equity or statute connected with the results of intellectual activity, as well as the benefit of any application to register, renew or extend such a right.

7. Interpretation Principles

The Agreement will be interpreted as follows unless it explicitly states otherwise.

7.1. Grammatical Forms

In this document grammatical forms will be interpreted as follows:

(a) headings are for convenience and will not affect interpretation; and

(b) “$” means the Australian dollar.

7.2. Definitions

(a) Parameters in definitions are indicated with italic text.

(b) Defined terms are capitalised and not legally effective except as described below.

(c) Provisions using definitions with parameters (Parameter Provisions) are not legally effective except as described below.

(d) Parameter Provisions will be read as replaced with the rights and obligations in the definition, and parameters will be substituted with the equivalent concepts in the Parameter Provision on a plain reading of it.

(e) The Parameter Provision may stipulate exceptions, which will be read as an exception to the rights and obligations in the definition.

(f) Where a definition refers to rights and obligations as “these” or “this” it refers to those created by the replacement of the Parameter Provision with the definition.

8. Limited To The Legal Minimum

The limited party deals with the limiting party in respect of the limitation subject at its own risk. To the fullest extent permitted by law, limiting party excludes all liability (including consequential loss) to limited party for any liabilities connected directly or indirectly with the limited party and limiting party dealings in relation to the limitation subject, including liabilities based on:

(a) contract law;

(b) tort law; or

(c) legislation,

and including liabilities caused by any limitation risks.

8.2. Indemnities not limited

The foregoing limitation of liability will not apply to indemnities given by limiting party to limited party under the Agreement.

8.3. Implied Conditions

To the fullest extent permitted by the law, all terms and conditions implied by any other source of law in relation to dealings between the limiting party and the limited party in respect of the limitation subject are excluded from the Agreement.

8.4. Compulsory Conditions

To the fullest extent permitted by the law, limiting party’s liability to the limited party for breaching a Compulsory Condition in relation to the limitation subject is limited to:

(a) in a case where a breach is deemed to be a breach in respect of goods:

(i) the replacement of the relevant goods or the supply of equivalent goods;

(ii) the repair of the relevant goods;

(iii) the payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the relevant goods repaired; and

(b) in a case where a breach is deemed to be a breach in respect of services:

(i) the resupply of the relevant services; or

(ii) payment of a sum equal to the cost of resupplying the relevant services.

The limiting party will choose which of these options will apply.

9. Personal Information

means any information that is categorised as ‘personal information’ or ‘personal data’ under privacy law, or is otherwise regulated by privacy law.

10. Posted Content

means any content or information posted by User that is available to third parties.

11. Privacy Policy

means Provider’s privacy policy published at

12. Prohibited Information

means information:

(a) that could reasonably be considered racist or hate speech;

(b) that infringes the intellectual property rights of a third party;

(c) to harass any third party;

(d) that is pornographic in nature;

(e) that could reasonably be categorised as ‘malware’; or

(f) that is unlawful.

13. Service Content

means any information, content or data provided with or in association with the Services.

14. Service IP

means the Intellectual Property Rights in the Services provided.

15. Service, Services

means access to the

16. Transfers Intellectual Property Ownership

(a) The assignor assigns all current and future Intellectual Property Rights in the transfer subject to assignee.

(b) The assignment will be a global assignment of Intellectual Property Rights.

(c) The assignor warrants and represents to assignee that it has the right to transfer the Intellectual Property Rights under this clause and that the assignee’s legitimate exercise of the assigned Intellectual Property Rights will not infringe the rights of any third party.

(d) The assignor agrees to do all things necessary to give effect to the foregoing assignment of Intellectual Property Rights.

(e) The assignor gives (and where it does not hold the relevant moral rights warrants that it will obtain) any moral rights waivers and consents necessary to ensure the assignee can deal in the Intellectual Property Rights in the transfer subject in accordance with this clause without infringing moral rights.