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Mithrah

Mithrah Holistic Services

erms and Conditions

Terms and Conditions for Clients and users of services at Mithrah Holistic Services (www.mithrah.com)

These terms and conditions govern your use of our services and the website located at www.mithrah.com (Mithrah Holistic Services). Please be advised that there may be spelling mistakes, grammatical errors, typos, or printing errors, for which we should not be held responsible. For any clarification or to share feedback, please contact us directly.

Please read these Terms and Conditions carefully before using the Website. By accessing or using the website and services, you acknowledge and confirm that you have read and understood these Terms and Conditions and agree to abide by them. If you do not agree to these Terms, you must not use the Website or our services.

The terms and conditions provided here apply to services provided by www.mithrah.com and may change without notice. It is your responsibility to review these terms before using the platform. While we aim to ensure clients are not disadvantaged unethically or unprofessionally, we ask users to acknowledge that Mithrah or our services or therapists cannot be held accountable for technology failures, website errors, or content posted by other users. Any disputes must be resolved in a mutually respectful manner between users, therapists, and Mithrah. Mithrah will adhere to Australian national law and constitution, and we strive for justice, peace, and harmony in resolving disputes.

We are an inclusive platform and do not discriminate. However, we cannot be held responsible for the views, actions, behaviors, or ideas expressed by our therapists, users, or staff in connection with Mithrah Holistic Services or www.mithrah.com.

Mithrah Holistic Services operates through the website at www.mithrah.com, which is referred to here as the “Website” or “Mithrah Therapy Platform.”

The therapy services are provided by therapists using various methods such as telehealth (video calls, phone sessions), face-to-face, or outreach, and new methods may also be introduced. Your therapist will outline how therapy will be conducted as part of the therapeutic contract.

Disputes between therapists and clients should be resolved between the two parties directly. Mithrah cannot be held responsible for issues arising between therapists and clients during a session or for technology failures on either side.

Mithrah is committed to promoting community mental health but does not guarantee the services provided by therapists.

Therapists may be referred to as “Mithras” (plural) or “Mithrah” (singular), which means a compassionate friend, but this term is not related to the professional qualifications or registration of the therapist.

1. Definitions

  • Booking: A scheduled appointment with a therapist made through the Mithrah Therapy Platform.

  • Services: Telehealth services via video, phone, or through the Mithrah Therapy Platform, or in-person services provided by the therapist.

  • Session: Any appointment booked for you to receive services from a therapist.

  • Mithrah: Mithrah Holistic Services, the entity that owns the intellectual property and services provided on the website and platform.

  • Mithrah Therapy Platform or Website: The online platform or website where services are provided, found at www.mithrah.com.au or as updated.

  • Therapists: Professionals including psychologists, counselors, social workers, psychotherapists, general practitioners, and psychiatrists offering services via video, phone, or the website.

  • Third-Party Dispute Service: A service used to resolve disputes between parties.

  • References to “you” or “your”: Includes any person you represent or have consent to act on behalf of (e.g., as an agent, parent, or legal representative).

2. Platform Software License

Your use of the Mithrah Therapy Platform is at your own risk, and the service is provided on an “as is” and “as available” basis.

Technical support is available primarily via email but is not an entitlement. The platform relies on third-party vendors for the hardware, software, networking, and related technology necessary to operate. You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Website.

You understand that Mithrah cannot be held liable for any loss of income, profits, data, or other intangible losses, or any indirect or consequential damage arising from the use of the Website.

3. Nature of Service

You acknowledge that the services provided via Mithrah may not be suitable for all needs and are not a substitute for in-person medical care. Mithrah is not an emergency service provider. In cases of emergency, you must contact public emergency services immediately by dialing “000.”

If you are experiencing thoughts of self-harm, harm to others, or any medical emergency, please contact the appropriate authorities. Lifeline is available 24/7 on 13 11 14, or you can visit www.lifeline.org.au for support.

4. Therapists

Mithrah functions as an introductory service. We do not provide medical services; therapists are independent professionals who use the Mithrah platform to provide services. If you feel that the services provided do not meet your needs, you may choose to switch to another therapist available on Mithrah.

All therapists listed on Mithrah are required to have valid professional certifications and memberships with relevant professional associations. They must meet the required qualifications and experience, which are checked by Mithrah.

Mithrah does not guarantee the suitability of the therapist for your specific needs. You are responsible for determining the therapist’s appropriateness for your personal situation.

5. Account Creation

To use all features of the website, you must create a user account and provide accurate information. You must be at least 18 years old to create an account.

By creating an account, you agree to:

  • Provide accurate, complete information.

  • Keep your information up to date.

  • Not create more than one account.

  • Not use another person’s account.

  • Notify Mithrah of any unauthorized use of your account.

  • Maintain confidentiality of your password and username.

Mithrah reserves the right to disclose your identity if required by law and to alter or disable accounts if they are found to be inappropriate or in violation of the terms.

6. Price, Fees, and Billing Policy

The fees for services are set by each therapist. Mithrah is not responsible for these prices. Payment for services not covered by Medicare, NDIS, or other insurance will be processed using the payment information you provide.

You agree to provide only authorized payment methods and ensure that all payment information is accurate. Mithrah may bill NDIS participants or their plan managers for applicable services.

By using the platform, you acknowledge that Mithrah may introduce new fees for bookings at any time without prior notice. Fees are quoted in Australian Dollars unless otherwise specified.

7. Government Rebates

If eligible for government rebates (e.g., Medicare), Mithrah may process your rebate claims on your behalf. Mithrah does not guarantee the success or timing of these claims and is not responsible for any related loss or damage. If we cannot process a rebate, you may be billed according to Mithrah’s pricing policy. You may also process your own rebate claims directly.

8. Cancellation Policy

If you wish to change the date and/or time of a Session, provided you give at least 48 hours’ notice before the scheduled appointment, you may select an alternative Session time and/or date. If a Therapist is unable or unwilling to accept such a change, the Booking will be considered canceled by you, and we will refund the full amount of the Booking.

If you cancel the Booking with at least 48 hours’ notice, you may be eligible for a refund of up to 50%, depending on the conditions outlined in the contract agreement you signed. If you cancel within 24 hours of the appointment, you will not be eligible for a refund. If you sign any additional agreement with a therapist, Mithrah will not be responsible for those terms. Any modifications to the service or service contract must be brought to Mithrah’s attention and agreed upon by Mithrah before being signed.

Mithrah is not responsible for cancellation and refund policies set by therapists who use the Mithrah platform.

When you make a payment to Mithrah: If a Therapist wishes to change the date and/or time of a Session, and you are unable or unwilling to accept the change, Mithrah will treat the Booking as canceled by the Therapist and will refund the full amount of the Booking, provided the Booking has been paid for by you.

9. Promotions

Mithrah may offer promotions and discounts periodically. All promotions and discounts are subject to these Terms and Conditions, as well as any other terms and conditions specified by Mithrah at the time of the promotion.

10. Dealings with Therapists via the Website

Mithrah provides the platform for users to access health services from Therapists across Australia and globally but does not provide health services itself.

Mithrah is not responsible for:

  • The accuracy, timeliness, or quality of the information provided by Therapists on the Website.

  • Any duplication of Therapist names or incorrect Therapist information.

  • The conduct, timing, or quality of any appointment or service provided by a Therapist.

  • Therapists not adhering to appointment schedules or responding to requests on time.

You agree to provide truthful and complete information when completing the Booking and intake forms.

Regarding reviews:

  • Not all reviews may be publicly posted due to legislative requirements for certain therapists (e.g., Medicare-regulated therapists).

  • Reviews should be objective, clear, and respectful. You should not post personal details or use inappropriate language.

  • Mithrah reserves the right to review and determine the appropriateness of a review, and may delay or remove reviews as needed.

11. Modifications, Termination, and Disruptions to the Website

You acknowledge that Mithrah may modify, suspend, or discontinue any part of the Website or the services offered on it at any time, with or without notice. Mithrah is not liable for any disruption or loss caused by such actions.

Mithrah will use reasonable efforts to ensure continuous access to the Website, but access may be impacted by factors such as internet speed, technical requirements, or third-party contractors.

12. Third-Party Content

The Website may include content, services, or products offered by third parties (Third Party Content). Mithrah has no responsibility for the creation or accuracy of this Third Party Content and is not liable for any damages resulting from it. By agreeing to these terms, you agree to indemnify Mithrah from any loss or damage caused by such third-party content.

13. Security

Mithrah takes reasonable steps to secure your data. However, you acknowledge that no online system is completely secure, and Mithrah is not responsible for any security breaches. You must take steps to protect your login credentials and devices.

Mithrah maintains appropriate technical measures to protect your data against loss or unauthorized access. However, you are responsible for securing any data stored on your personal devices.

14. Intellectual Property

All content on the Website, including but not limited to articles, trademarks, logos, and designs, is owned by or licensed to Mithrah. You are granted a non-exclusive, non-transferable license to use the Website and its content for personal, non-commercial use only. Unauthorized use of the Website’s content is prohibited.

You may not modify, copy, distribute, display, or sell the content without explicit written permission from Mithrah.

15. Continued Development

Mithrah may request feedback from users regarding the Website or services. All intellectual property rights in the feedback provided will be owned by Mithrah, and Mithrah may use such feedback to improve its services.

16. Privacy Policy

By using the Website, you agree to be bound by Mithrah’s Privacy Policy, which governs the collection, use, and protection of your personal data.

17. Off-Site Conduct

Using information from the Website to contact, abuse, advertise, sell to, or harass others, including Therapists, is strictly prohibited.

18. Termination

Mithrah may terminate your access to the Website without notice if you breach these Terms and Conditions or if Mithrah believes its services are not appropriate for you.

19. Limitation of Liability

You agree to hold Mithrah harmless for any damages resulting from services received via video conferencing, phone, or in-person appointments. Mithrah provides no warranties (express or implied) regarding the accuracy, security, or quality of the services or Website.

20. Indemnity

You agree to indemnify and hold Mithrah harmless from any claims, liabilities, or expenses arising from your use of the Website or breach of these Terms and Conditions.

21. Representations, Conduct, and Commitments

You confirm that you are legally able to consent to receive services and that all information provided on the Website is accurate and complete. You agree not to disrupt Mithrah’s services or violate applicable laws in your use of the Website.

22. Dispute Resolution and Mediation

In case of a dispute, the parties will attempt to resolve it within 15 business days. If unresolved, the dispute may be referred to a Third-Party Dispute Service at the parties’ expense.

23. General

These Terms and Conditions are governed by Australian law. Any legal disputes will be handled in the courts of Victoria.

24. Mithrah – Meaning of this Word

The term “Mithrah” refers to a compassionate friend in Sanskrit. It is not linked to any specific professional qualification or registration.

25. Community Values and Community Mental Health

The concept of community values and mental health represents Mithrah’s approach to fostering well-being in all communities approved by the Australian government. Mithrah does not guarantee that all therapists are aligned with the values of diverse communities.

26. Community Languages

Mithrah does not guarantee that community languages used by therapists will meet any specific standard. Clients should directly confirm language proficiency with their therapist.

27. Legal Compliance and Considerations

27.1 Consumer Protection Laws

Mithrah operates in accordance with the Australian Consumer Law (ACL), which governs consumer rights regarding refunds, cancellations, and the provision of services. Should you choose to cancel a booking or alter the terms of your appointment, your rights under ACL will be upheld. Our Cancellation Policy is designed to be in compliance with these laws, ensuring that you receive appropriate refunds or services in accordance with your consumer rights.

Please note that while Mithrah facilitates booking and appointment scheduling, each Therapist is responsible for delivering services. We do not provide health services directly and are not liable for the quality of services provided by any Therapist.

27.2 Privacy Compliance

Mithrah is committed to protecting your privacy and handling your personal information in accordance with the Australian Privacy Principles (APPs), as outlined in the Privacy Act 1988 (Cth). All personal data we collect is used solely for the purpose of providing our services and will be stored and processed securely.

If you are located in the European Union or another jurisdiction with similar privacy laws, we also comply with the General Data Protection Regulation (GDPR). We encourage you to review our Privacy Policy for a detailed description of how your data is managed, your rights, and our responsibilities in regard to your personal information.

27.3 Therapist Liability

Mithrah is a platform that connects you with qualified therapists and does not assume liability for the services provided by therapists. You acknowledge that:

  • Mithrah does not provide therapy directly, and any services rendered are the sole responsibility of the individual Therapist.

  • Mithrah cannot be held liable for any loss, damage, or harm that results from your interactions with Therapists, including but not limited to the advice, care, and treatment you receive.

By agreeing to these Terms and Conditions, you acknowledge that any disputes or claims related to therapy services must be addressed directly with the relevant Therapist and not Mithrah.

27.4 Data Security

Mithrah is committed to ensuring the security of your personal and sensitive information. We have implemented technical and organizational measures to protect your data from unauthorized access, misuse, and disclosure, in line with the Privacy Act 1988 (Cth) and other applicable data protection laws.

However, it is important to note that no system is completely secure, and while we take reasonable steps to protect your data, you acknowledge that Mithrah cannot guarantee complete security against unauthorized access or data breaches. For more information, please refer to our Privacy Policy on how your data is protected.

27.5 Accessibility

Mithrah is committed to providing an accessible platform for all users, in accordance with the Disability Discrimination Act 1992 (Cth). We strive to ensure that our website and services are usable by individuals with disabilities. We make reasonable efforts to provide alternative formats or technologies to assist users who may require additional support.

If you encounter any accessibility barriers while using the website or accessing services, please contact us, and we will work with you to find an appropriate solution.

28. Modifications and Updates

Mithrah reserves the right to modify these terms and conditions as necessary to ensure ongoing compliance with applicable laws and regulations. We will notify you of any significant changes to these Terms and Conditions, and such changes will be effective upon posting.