Creating Change General Client Terms
Creating Change Pty Ltd aims to provide the highest quality of care to our clients and abides strictly by the Psychological Board of Australia Codes and Guidelines. Please read the information below, which will provide a background to your upcoming appointment and our practice.
First Consultation Booking Confirmation
A payment of a non-refundable deposit to confirm a first consultation are due at the time the booking is made. Tentative bookings are not considered. The duration of a first consultation is 120 minutes and is confirmed at time of booking.
Payments can be made in cash, Eftpos, Visa or Mastercard.
If you need to cancel any appointments, we require more than 48 hours’ notice. Appointments, other than a first consultation, cancelled with less than 24 hours’ notice will be charged a fee of the full cost of the session, and those cancelled with 24-48 hours’ notice will be charged 50% of the full cost of the session. This is in line with the Australian Psychological Society’s recommendations. Please note that Medicare does not offer a rebate in this situation.
This policy is applied in relation to all clients, as the therapists are in high demand and we need sufficient notice to offer these times to other people in need. At the time of the initial appointment we will require your credit card details. These will be held as a bond should any cancellations of appointments occur during your course of treatment. It is important that you are punctual for your appointment.
Your therapist will provide clinical assessment and therapy services only. We prepare written feedback to other treatment providers on your progress. All reports requested for reasons such as diagnostics and progress, for the purposes of court attendance, educational recommendations or other such purposes, will incur a fee. Please contact Creating Change Pty Ltd to obtain a quote for these types of reporting services.
Your psychologist does not prepare medico-legal reports. If you require a medico-legal report your psychologist will, at your request, provide you with details of psychologists and/or psychiatrists specialising in the preparation of such reports.
Psychologists and counsellors are considered “mandatory reporters” and are required by law to report to the NSW Department of Community Services if they suspect (using their professional judgment and training), on reasonable grounds, that a child or young person is at risk of harm (i.e. physical, sexual or emotional abuse or neglect).
Creating Change’s use and collection of your personal information is subject to the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
By visiting and/or using the Creating Change website (Website) or by engaging Creating Change to provide you with psychological or counselling services (Services), you consent to our use and disclosure of your personal information in accordance with what is set out below.
You can withdraw your consent at any time by contacting Creating Change (see contact us section below).
The Type of Personal Information we Collect
Personal Information that you Give to Us
We collect your personal information, which may include sensitive information, in a number of ways. These include when you contact us via the Website, in person when you attend our premises and give personal information to the Creating Change practice or one of our psychologists, by email, post, over the phone or if you have been referred to us by another health practitioner.
You may always choose not to provide personal information, but if you do this, Creating Change may not be able to provide the Services to you. In some circumstances, you may request to be anonymous or use a pseudonym, however, it may then be impracticable for Creating Change to deal with you or Creating Change may be required or authorised by law to identify you.
Creating Change tries to collect personal information directly from the relevant person. However, if this is not practicable we may collect personal information from third parties or publicly available information. If you give us personal information about another person, you must ensure you have the right to disclose that personal information to us.
Information Automatically Collected
When you visit this Website, other kinds of information may also be collected automatically as part of this Website’s operation. This includes the website that referred you to us, your IP address, browser type and language, and access times. Creating Change may also collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Website. Creating Change may combine your visit and navigational information with personal information that you provide.
Creating Change uses “cookies” to enable you to sign in to our services and to help personalise your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history. Cookies offer you many conveniences. They allow us to identify registered users when they return to the site so that they can retrieve previous image search results and view their previous invoices. Cookies also save you time by eliminating the need to repeatedly enter the same information.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies.
In addition to cookies, Creating Change may use other technologies, including single-pixel gifs (also known as web beacons) on our websites and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. Creating Change do not use these images to collect personal information.
Use of your Personal Information
We use the personal information you have given us for purposes which are consistent with the reason you provided the personal information, or for a directly related purpose. Such purposes for which we may use your personal information include:
- the provision of the Services to you which includes assessing, diagnosing and treating you;
- effectively communicating with you;
- operating and improving our website;
- providing customer service;
- performing research and analysis aimed at improving our products and services; and
- displaying content that is customised to your interests and preferences.
We may also use or disclose your personal information where you have consented to the use, either expressly or by implication.
Your personal information is retained by Creating Change in order to document what happens during sessions and enables your consulting psychologist to provide the Services in a relevant and informed way.
Where Your Information is Stored
Personal information that we collect in hard copy is stored in locked filing cabinets. Other information is stored in Creating Change’s electronic document management system or on back up servers in the United States. We take all reasonable steps to protect personal information no matter what country it is stored in. However, information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of in Australia. By using the Website or giving us the personal information requested, you consent to any such transfer, processing and storage of personal information outside of Australia.
Disclsosure of Your Personal Information
Creating Change does not sell, rent or trade your personal information to or with any third parties. We may disclose your personal information to external service providers in the circumstances discussed below.
We may share your personal information with external service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfil orders and shipments, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. We will take all reasonable steps to make sure they comply with the same privacy principles that govern our collection of your personal information.
Some of these service providers may be overseas. While we do our best to make sure that overseas service providers to whom we give your personal information will comply with the same privacy principles as us we cannot guarantee it. By giving us your personal information you consent to the disclosure of personal information to overseas service providers who may not comply.
All personal information gathered by the psychologist during the provision of the psychological service will remain confidential except when:
- it is subpoenaed by a court, or disclosure is otherwise required or authorised by law; or
- failure to disclose the information would in the reasonable be lief of Creating Change place you or another person at serious risk to life, health or safety; or
- your prior approval has been obtained to:
- provide a written report to another professional or e.g., a GP or a lawyer; or
- discuss the material with another person, a parent, employer, health provider or third party funder; or
- disclose the information in another way; or
- disclose to another professional or agency (e.g. your GP) and disclosure of your personal information tothat third party is for a purpose which is directly related to the primary purpose for which your personal information was
Security of Your Personal Information
Creating Change follows accepted industry standards to help protect your personal information. For instance, when you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer (SSL) technology. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security and any transmission of personal information is at your own risk.
How to Manage Your Personal Information
You have, subject to certain exceptions allowed for by law, the right to access your personal information. If you would like to get access to, review or correct any of your personal information, after you have registered, you may email us at firstname.lastname@example.org or write to us at: PO Box 6129, Baulkham Hills BC 2153.
We can provide you with a copy of personal information held on our current records at no charge. However, in the interests of maintaining the therapeutic relationship between you and your treating psychologist, it may be necessary to discuss with you restrictions on your access to these personal thoughts and comments.
We are happy to discuss the nature and manner of access by you to your personal information. You do not have to let us know why you require access to information, but we may need to clarify the scope of your request so that an appropriate form of access can be provided. There are some circumstances in which access may be denied, for example where the access poses a serious threat to the life or health of a person, but in such an event we will let you know the reason. Occasionally, access to notes may interfere with the therapeutic process, and pose a serious threat to your health as a result.
If you have requested personal information in which we need to access archived records, such as personal information backed up or stored offsite, then we may charge for the cost of providing such access.
Forums & Other Interactive Services
The Website may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (Interactive Areas). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. Creating Change is not responsible for personal information you submit in connection with the Interactive Areas, nor is it responsible for how others might use that information, including sending you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at email@example.com. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.
Notifiable Data Breaches
From 22 February 2018 under Part IIIC of the Privacy Act 1988 (Cth) the Notifiable Data Breaches scheme sets out requirements for some private businesses and government agencies in the event of data breaches (i.e. cyber hacking etc.). Should such an event occur and data held in relation to you be the subject of a Notifiable Data Breach, Creating Change may be obliged to provide information to the Scheme relating to data affected by such an event where there may be risk of serious harm to any individuals whose personal information is involved in the breach. Any client that may be affected by a notifiable data breach will be notified at their last known email/phone and/or mailing address and Creating Change will also provide information at that time of what steps it has taken to minimize any risk of serious harm. Please notify Creating Change of any change in your contact details.
Creating Change may link to websites, including those of our third-party content providers and social media sites. Our website may contain social media features such as Facebook “Like” buttons. These features may collect information about your device’s IP address, set cookies or link you to a social media website where you may post personal information. The sites of our third-party providers and social media sites may have different privacy policies and practices from those disclosed here. Creating Change assumes no responsibility for the policies or practices of such sites and encourage you to become acquainted with them prior to use.
If you want to lodge a formal complaint about the collection, use, disclosure or access to your personal information, you may do so with the Office of the Australian Information Commissioner by phone on 1300 363 992, online at http://www.oaic.gov.au/privacy/making-a-privacy-complaint or by post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW, 2001.
You can contact Creating Change by emailing firstname.lastname@example.org or by sending us a letter at: PO Box 6129 Baulkham Hills NSW 2153 or by phoning us at: +61 2 8883 3185 during normal business hours EST.
Website Terms And Conditions Of Use
Please read these Site Terms carefully. By visiting or using the Site, you agree to be bound by the Site Terms and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Site. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms.
Ownership of the Site and its Contents
The Site and its contents are owned by Creating Change. Unless otherwise indicated, Creating Change owns or has a licence to use all of the content featured or displayed on the Site, including, but not limited to, text, graphics, artworks and images (Site Content). All elements of the Site, including the Site Content, are protected by laws relating to the protection of intellectual property such as copyright and trade mark laws.
Access and Use of the Site
Creating Change tries to ensure that all aspects of the Site are available at all times. However, Creating Change will not be liable if for any reason the Site or any part of it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
This Site and the Site Content are intended for our clients. You may only use this Site or the Site Content for the purpose of doing business with us, including evaluating and ordering our products or services. You are permitted to download a copy of the information on this Site to your computer or personal mobile device for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.
Your use of the Site Content in any other way infringes Creating Change’s intellectual property rights. You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Australia or the country in which you reside.
Intellectual Property Rights
Copyright takedown policy: Creating Change may, in appropriate circumstances and at Creating Change’s sole discretion, terminate your right to access the Site if you infringe the intellectual property rights of Creating Change or any third party.
If you believe that any content on the Site infringes your intellectual property rights, please send email us at email@example.com. You will need to give us details of what are the intellectual property rights involved, confirmation that you are the owner of the intellectual property rights and information on how you claim your rights have been infringed. If the claim is made against a third party who has used the Site, we may give notice of a claim of copyright infringement by means of a general notice on the Site or electronic mail to that user’s e-mail address.
Creating Change is the owner or licensee of registered and unregistered trade marks as used in relation to our business on the Site. You do not have permission to copy,imitate or use, in whole or in part, without the prior written permission of Creating Change. In addition, Creating Change owns the look and feel of the Site and it may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, product names and company names or logos used on the Site are the property of their respective owners. Our reference to any third party’s products or services is not an endorsement, sponsorship or recommendation of its products or services.
You may not use our trade marks or other proprietary graphics to link to this Site without our express written permission. You may not frame any of our trade marks, logos or other proprietary information, including the Site Content, without our express written permission.
This Site may contain links to third party sites which are not under Creating Change’s control and Creating Change has no responsibility for the content of these sites. Creating Change makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by link from the Site, or websites linking to the Site. Links to other sites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by Creating Change of the products or services offered by the site.
If you use a link on this Site and navigate to another website, you should review the applicable terms and policies, including privacy and data gathering practices, of that website. You agree that Creating Change is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their websites.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs (Interactive Areas) in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (User Content). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You do not have permission to delete or revise anyone else’s User Content. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that constitutes, encourages or provides instructions for a unlawful activity as referred to in paragraph a.;
- User Content that may infringe any other person’s intellectual property or contractual rights;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- anyone’s personal or sensitive information;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in our sole judgment is objectionable or which may expose Creating Change or its users to any harm or liability of any type.
Creating Change is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Creating Change may remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in breach of the Site Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Creating Change may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Creating Change; or to protect the safety of our employees, customers or the public.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
If you post User Content to the Site, unless we indicate otherwise, you grant Creating Change and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Creating Change and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You consent to giving us this licence even where such acts in relation to the correspondence or communication involve (a) a failure to identify you as the author; (b) the false attribution of another person as the author; and (c) the subjection of them to derogatory treatment; whether occurring before or after the giving of consent, and which apart from this consent, infringe any moral rights subsisting in the correspondence or communication.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to Creating Change, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.
You agree to defend, indemnify and hold harmless Creating Change, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
Creating Change uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
To the maximum extent permitted by applicable law, the Site and the Site Content are provided “as is” without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Site are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
To the extent that Creating Change can limit the user’s remedy for breach, then Creating Change’s liability is limited to one or more of the following at Creating Change’s option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, in no event shall Creating Change and its directors, employees, content providers, agents and affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the services or products, the Site Content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Creating Change, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Creating Change’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Creating Change, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Site exceed the fees you pay, if any, to Creating Change for access to or use of the site.
Notwithstanding any of these Site Terms, Creating Change reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site. On termination you must destroy all materials obtained from the Site and any and all other Creating Change sites including copies of those materials.
Changes to Site Terms
Creating Change reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Creating Change.
The Site Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
If part or all of any of the Site Terms is illegal or unenforceable it will be severed from the Site Terms and will not affect the continued operation of the remaining provisions of the Site Terms.
The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Creating Change at firstname.lastname@example.org.