Terms and Conditions

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

These terms and conditions govern your use of our services and use of our website located at www.mithrah.com or Mithrah Holistic Services

Please be advised that there may be spelling mistakes, grammatical errors, typos and printing errors and we should not be held responsible for them. Please contact us for any clarification or further information or to share your feedback.

Please read these Terms and Conditions carefully before you begin using the Website. You acknowledge and confirm that you have read and understood these Terms and conditions of the services and agree to abide by these terms and conditions. If you do not agree to any of the Terms and conditions of this site or our Mithrah Holistic Service, you must not use the Website or our services.

The terms and conditions used in this section is for the services provided by www.mithrah.com and this may change without notice. It is the responsibility of the client to check it before using it each time. While we ensure that the client will not be disadvantaged unethically and unprofessionally, we request and expect the clients or users to be advised that we or our services or therapists might not be sued for the failure of technology or technical issues or website errors or printing errors or contents posted by other users. All disputes need to be settled in mutually respectful ways among users, therapists and Mithrah. Mithrah will obey the Australian national law and constitution. We will never take the law into our own hands and our approach to dispute resolution is to bring justice, peace and harmony to all concerned.

We are an inclusive platform and do not discriminate against. However, we cannot be held responsible for the views, actions, behaviours and ideas expressed by our therapists, users and staff on this platform or in any place that can relate to or be associated with Mithrah Holistic Services or www.mithrah.com.

Please note that Mithrah Holistic Services is a business that operates on www.mithrah.com. This service is denoted in this terms and conditions as the website or Mithrah Therapy Platform or the website.

The therapy can be delivered by the therapists at various methods such as through Telehealth, technology, face-to-face, outreach, etc. There may be new methods of services too. Your therapist will include how the therapy will be conducted as part of therapeutic contract.

Any dispute arising between therapist and clients during the service should be settled between them. Mithrah cannot take accountability for what is happening between therapist and clients during their session. Mithrah also cannot be held responsible for the failure in technology at client or therapist side.

It is a service-based platform and Mithrah is striving very hard to promote community mental health. However, Mithrah do not give any guarantee for the services given by the therapists.

Mithrah therapists and team members may be denoted as Mithras or Mithrahs in plural or Mithra or Mithrah in singular in this document or across the website. The word is not case sensitive. Mithrah’s means a compassionate friend. This term is not associated with the professional qualification or profession or relevant professional registration of the therapist or the team members of Mithrah.

1 Definitions

Booking means a scheduled appointment with a Therapist booked by you via Mithrah Therapy Platform.

Services mean the provision of telehealth services through either video conferencing, phone or through the Mithrah Therapy Platform, or in-person mental health services provided by the Therapist.

Session means any occurrence of an appointment booked by you or a Therapist for you to receive any of the Therapist’s Services.

Mithrah means Mithrah Holistic Services, the owner of all intellectual property and services provided on the website and platform.

Mithrah Therapy Platform or Website means the online platform or internet website through which the services are provided to you being comprised within the domain www.Mithrah.com.au or as may be changed or updated from time to time.

Therapists mean therapists including but not limited to Psychologists, Counsellors, Social Workers, psychotherapists, General Practitioners or Psychiatrists providing Services to you via either video conferencing, phone or the website.

Third-Party Dispute Service means a third-party dispute resolution service provider used to resolve any disputes between parties.

References to you or your include people you are representing or have the consent to act on the behalf of including as agent, parent or any other relevant person or entity.

2 Platform Software License

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

Technical support is provided by email primarily and is a benefit for you, but is not a right of yours.

You understand and accept that the Mithrah Therapy Platform uses third-party vendors and hosting services to provide the hardware, software, networking, storage, and related technology required to run the Mithrah Therapy Platform.

You shall not reproduce, duplicate, copy, sell, resell or exploit the whole or any part of the Website.

You expressly understand and agree that as regards the use of the Website shall not be liable for any loss of income or profits, loss of contracts, loss of goodwill, loss of data, or other intangible losses or for any indirect or consequential loss or damage.

3 Nature of Service

You understand, agree and acknowledge that Services facilitated by Mithrah 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 through other providers.

The Service is not an acute service. In cases of emergency, please contact public emergency services immediately by dialling “000” by telephone. Mithrah is not responsible for any loss, damage, cost, expense, action, claim, demand, proceeding, injury or liability suffered by any person as a result of a failure by you or any other person to contact public emergency services.

If you are thinking about suicide, if you are considering taking actions that may cause harm to you or to others, if you feel that you or any other person may be in any danger, or if you have any medical emergency, you must immediately “000” and notify the relevant authorities. You can also contact Lifeline 24 hours a day on 13 11 14 or alternatively obtain resources from Lifeline at www.lifeline.org.au

4 Therapists

Mithrah operates the Mithrah Therapy Platform solely as an introductory service and we take no part in the provision of psychology, healthcare or any other medical services. Mithrah’s Therapists are independent Therapists who are neither our employees, nor agents, nor representatives. Mithrah’s telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Therapists who provide them. If you feel the Services provided do not fit your needs or expectations, you may change to a different Therapist who provides services through Mithrah.

Mithrah’s therapist may be called as Mithrahs or Mithras which means a compassionate friend. This term is not associated with the professional qualification or profession or relevant professional registration of the therapist.

Mithrah requires every Therapist on the Mithrah Therapy Platform providing telehealth services to be an accredited, trained, and experienced practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Therapists must be registered with at least one of the following industry or Government bodies:

The Australian Health Practitioner Regulation Agency
The Australian Psychology Society
The Australian Community Workers Association
The Psychotherapy and Counselling Federation of Australia
The Australian Social Worker Association

Therapists must have the requisite qualifications in their field, a minimum required level of experience and must be qualified and certified by their respective professional boards after successfully completing the necessary education, exams, training and practice requirements as applicable. Mithrah has a high standard for Therapist quality and reserves the right to change or require proof of qualifications.

If you obtain services from the Therapists through the Mithrah Therapy Platform, you are solely responsible for determining the suitability of the relevant Therapists for your particular needs. Mithrah does not guarantee or warrant that the Website, the Mithrah Therapy Platform, or the Services provided by any Therapist through the Website or via the Mithrah Therapy Platform, are suitable or appropriate for any person.

Therapists are bound by their Therapist Provider Agreements with Mithrah. Therapists who have not agreed to their Therapist Provider Agreement agree to be bound by these Terms and conditions and acknowledge that Mithrah may remove their profile from the Website.

4.1 Resposnibilities in therapeutic alliance
Mithrah provides strength-based and person-centered counselling services for Australian, inidian and international clients. Clients can choose therapists from across the world form various countries available on our website. Please note that the legal obligations and therapeutic ethics for providing and receiving mental health care may vary from state to state and from country to country. They also vary based on various elements such as but not limited to the area of specialisation, expertise, and professional title of therapists within a same country. Therapists and professionals who are part of our team are required to adhere to their local laws, professional obligations, and duty of care with respect to their location of practice, expertise, qualification, and profession.

While Mithrah takes due care in maintaining the integrity of our service and team members, we do not own any responsibility due to the insufficient information given by the international therapists and partners and the sudden/unexpected/unpredictable/ongoing development of local laws with respect to the mental health service sector. Therefore, clients are required to ensure that the therapeutic contract between therapists and clients is in line with their local laws and their best interests. Please feel free to contact your therapists as they will be able to provide adequate information.

In a great therapeutic alliance, both the therapist and client share responsibilities together with equal commitment.

5 Account Creation

In order to use all of the Website’s features, you must create a user account and complete all mandatory fields. You must be eighteen (18) years of age or over to create a user account on the Website.

When creating a user account on the Website, you agree to:

provide complete and accurate information;
keep personal information accurate and up to date at all times;
not create more than one user account;
not use another person’s account;
must immediately notify Mithrah of unauthorised use of your user account;
not create a new user account if your account is disabled by Mithrah; and
remain responsible for maintaining the confidentiality of the password and user name required to access the user account.

Mithrah reserves the right to disclose your identity or other information provided when establishing a user account if required by law to do so. Mithrah may alter any part of the user account if Mithrah receives a legitimate complaint, or otherwise form the view (in Mithrah’s sole discretion) that the content of the user account is inappropriate or offensive.

Mithrah reserves the right to terminate your access to the Website at any time in Mithrah’s sole discretion, without notice.

6 Price, Fees and Billing Policy

The price of all Services provided on the Mithrah platform is subject to the fees set by each Therapist. Mithrah is not responsible for the determination of the prices set by each Therapist nor will Mithrah amend the Therapists fees on your behalf.

All reasonable steps will be taken by Mithrah or the Therapist to ensure that you will be notified of changes by a Therapist to their Session fees.

Payment for the services provided to you on the Mithrah Therapy Platform not covered by Medicare, NDIS, Private Health or similar service will be taken from the Direct Debit/Credit Card information provided to the Website at the time of payment. You confirm and agree to use only Debit or Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information that you provide and will provide in the future, to or through the Website, is accurate, current and correct and will continue to be accurate, current and correct.

Mithrah may, in the case of NDIS claims, choose to invoice the NDIS participant or the NDIS participant’s plan manager for the payment for Services provided by Therapists.

You acknowledge and agree that:

Mithrah’s liability to you or any other person has not increased by virtue of the fact that Mithrah collects a fee as part of any Booking;
Mithrah may require the use of any method of payment on the Website as Mithrah decides in its sole discretion;
all fees are payable in Australian Dollars, unless otherwise specified, and you are solely responsible and liable for the payment of any foreign exchange or currency conversion fee charged by Mithrah’s third-party payment processor, or by your financial institution; and
Mithrah may introduce new fees for Bookings, at any time without prior notice to you.

Unless otherwise expressly stated, all Fees and Bookings Fees are inclusive of Goods and Services Tax.

7 Government Rebates

If you are eligible for Government/Medicare Rebates for services provided by Mithrah, Mithrah may take steps to process your rebate claim on your behalf. If Mithrah are unable to process an applicable Government/Medicare Rebate, Mithrah will be required to bill you in accordance with Mithrah’s Pricing and Billing Policy. Mithrah makes no warranties and provides no guarantees as to the accuracy, timing or success of such rebate applications processed on your behalf and by agreeing to these Terms and conditions you indemnify Mithrah and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.

8. Cancellation Policy

If you wish to change the date and/or time of a Session, provided you give at least 48 hours notice prior to the time of the appointment, you can choose a suitable alternative Session time and/or date. In the event that a Therapist is unable or unwilling to accept a change in the Booking, we will treat the Booking as cancelled by you and will refund you the full amount of the Booking.

If you cancel the Booking with just 24 hours’ notice they will be entitled to a 50% refund. If you cancel the Booking within 24 hours’ notice, you may not receive any refunds. Also, if you sign any extra agreement between therapist and exchange the contract, Mithrah will not be responsible for them. Any change in the service or service contract must be brought to the attention of Mithrah and be agreed by Mithrah. Otherwise, we cannot be held responsible for the cancellation and refund policies that is related the services offered through Mithrah or any of its platforms.

If a Therapist wishes to change the date and/or time of a Session, in the event that you are unable or unwilling to agree to such change, Mithrah will treat the Booking as cancelled by the Therapist and will refund you the full amount of the Booking. A full refund will only apply if the Booking has been paid for by you.

9 Promotions

Mithrah may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and conditions and any other terms and conditions specified by Mithrah.

10 Dealings with Therapists via the Website

Mithrah does not itself provide any health service but merely provides the platform which enables you to access health services from Therapists.

As the information appearing on the Website is provided to the Mithrah Therapy Platform by the Therapists, Mithrah will have no liability in respect of any loss or damage arising from:

Therapist information which appears on the Website, including the manner in which the information is displayed or information which may be out of date or inaccurate.
duplication of the Therapist names where two or more Therapists have the same name.

Mithrah is not an agent for any of the Therapists listed on the Website and Mithrah has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Therapist, the timing of an appointment or the attendance at an appointment or quality of service provided by a Therapist.

Appointment availability and timeframes for responding to requests for therapy service are provided to Mithrah Therapy Platform by Therapist, and Mithrah cannot ensure that Therapists run on time, do not have conflicting appointments, and meet all timeframes for responding to therapy requests.

You agree to complete the Booking and intake form questions truthfully, and not omit information which is or may be relevant to your care.

If after the completion of a paid Session, you wish to leave a review, you agree and acknowledge:

that not all reviews may be posted publicly due to legislative requirements for certain therapists (including Medicare-regulated therapists);
to be detailed and objective in your review;
to write clearly using accurate grammar and spelling;
to not abuse, attack or threaten anyone, including the Therapist or us;
to not post personal details such as names, phone numbers or email addresses;
to not use inappropriate language; and
that Mithrah reserves all rights to review and determine the appropriateness and legitimacy of a review. Mithrah may delay the posting of a review or remove a review from a Therapist’s profile at its sole discretion.

Therapists have the opportunity, but not a requirement, to respond to all reviews.

11 Modifications, Termination, Interruption and Disruptions to the Website

You understand, agree and acknowledge that Mithrah may modify, suspend, disrupt or discontinue the Website, any part of or use of the Website at any time with or without notice to you. You agree and acknowledge that Mithrah will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

Mithrah will use reasonable efforts to ensure that the Website is accessible on a continuous basis. However, you confirm and acknowledge that Mithrah may, with or without notice, modify, suspend, disrupt or discontinue any part of the Website at any time.

You confirm and agree that access to the Website is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Website, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use the Website, Mithrah’s hosting and web server (to the extent that Mithrah engages third party contractors) and other factors which may impact upon the delivery of the Website to you via the Internet.

Mithrah does not guarantee that the Website will be uninterrupted or that it will be secure, consistent, timely or error-free. Mithrah reserves the right to restrict or remove access to the Website for the purpose of undertaking maintenance and updating of the Website.

12 Third-Party Content

The website may contain other content, products or services which are offered or provided by third parties (Third Party Content), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. Mithrah has no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these terms and conditions you agree to indemnify Mithrah and associated companies and directors against any damage or loss caused by any Third Party Content.

13 Security

Where there is unauthorised access or a breach of security, Mithrah will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords. You must take all other actions that Mithrah reasonably deems necessary or desirable to maintain or enhance the security of Mithrah’s computing systems and networks and your access to the Website.

Mithrah will use all reasonable endeavours to ensure that Mithrah provides a secure environment for any data stored or hosted on Mithrah’s systems. You acknowledge however that no information which is available on the Internet is completely secure and agrees that Mithrah will not be liable for any loss suffered by you or any third party should Mithrah’s security measures (or those of any of Mithrah’s service providers) be overcome or breached.

Mithrah maintains appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. Mithrah is not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.

14 Intellectual Property

Mithrah or its affiliates own all rights, title and interest (including present and future copyright) in the Website.

All material on the Website such as articles, written materials, names, trademarks, images, photographs, designs, illustrations, and logos (‘Content’) are owned by, or licensed to, Mithrah (unless expressly indicated otherwise). You are granted a nonexclusive, non-transferable licence to use the Website and access the content in the manner set out in these Terms and conditions.

You may use the Website and access the content only for your personal and non-commercial use. Nothing in these Terms and conditions or on the Website grants you ownership of the content (or any intellectual property rights in it). You may not sell, modify, copy, distribute, display, communicate or otherwise use the content unless Mithrah has expressly authorised you to do so in writing. You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or the content in any way.

You are not permitted to post any material on the Website which:

is defamatory, libellous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
infringes on the copyright or any other proprietary right of a third party;
is intended to advertise to or solicit others without our express permission;
constitutes charity solicitations, chain letters or pyramid schemes;
contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;
interferes with or disrupts networks connected to the Website, or used for purposes of delivering the content (or violates the regulations, policies or procedures of such networks); or
attempts to gain unauthorised access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website or through password mining or any other means.
is not in line with the constitution of the Australian state, federal and local constitution and laws.

15 Continued Development

You consent to Mithrah soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, descriptions of processes, or other information concerning the Site from you or any person (Feedback). Mithrah owns all IP Rights in any Feedback and may use such Feedback for purposes related to the Website or Mithrah Therapy Platform or the carrying out of services by Mithrah generally without further approval or acknowledgement, and you assign to Mithrah all IP Rights in any such Feedback.

16 Privacy Policy

These Terms and Conditions are subject to our Privacy Policy. You agree and acknowledge to be bound by our Privacy Policy.

Off-Site Conduct

It is a direct violation of these Terms and Conditions for you to engage in an activity using information obtained from the Website to contact, abuse, advertise, sell to, harass or harm any other person, including the Therapists.

18 Termination

Mithrah may (in its sole discretion and without prior notice) terminate your licence to access the Website and take any legal action Mithrah has available against you if you breach these Terms and conditions or Mithrah believe the services offered by Mithrah are not appropriate for you.

19 Limitation of Liability

You release Mithrah and agree to hold Mithrah 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, or in person, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Therapist and/or any other content or information accessible through the website.

You understand, agree and acknowledge that the Website, Mithrah and all associated directors and operators provide absolutely no warranties (express or implied) including but not limited as to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the website is at your own risk.

This section (limitation of liability) shall not merge on the termination or expiration of this these Terms and conditions.

20 Indemnity

You agree to indemnify Mithrah and its officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms and conditions.

You understand, agree and acknowledge to indemnify and keep indemnified the Website and Mithrah against any indirect, incidental, consequential, special, punitive or exemplary damages.

This section (Indemnity) shall not merge on the termination or expiration of these Terms and conditions.

21 Representations, Conduct and Commitments

You confirm that you are legally able to consent to receive Services or have the consent of a parent or guardian and that you are legally able to enter into a contract for yourself or on behalf of another.

You confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of these Terms and conditions , you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree and confirm that your use of the Website, including any Services, is for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organisation unless expressly consented to by the person and Mithrah, and the purpose of entering on behalf of another person or organisation is for the receiving the Services.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of Mithrah’s systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Website and your relationship with the Website, company, or Therapists.

You will indemnify Mithrah, defend Mithrah, and hold Mithrah harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:

your access to or use of the website;
you violation of any of the provisions of these Terms of Service; or
non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website.

You confirm and agree to use only debit or credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

22 Dispute resolution and mediation

If a dispute arises between you, a Therapist or Mithrah, the parties will attempt to resolve the dispute within 15 business days by informal negotiation (by phone, email or otherwise).

If the parties are unable to resolve the dispute, either party may refer the dispute to Mithrah.

If the parties are unable to resolve the dispute within 30 business days, Mithrah may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and parties are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

23 General

These Terms and Conditions and Mithrah’s relationship with you shall both be interpreted solely in accordance with the laws of Australia and those countries we deliver services to globally.

These Terms and Conditions constitute the entire agreement between you (including any person you have entered into these Terms and Conditions on behalf of) and Mithrah. You may not rely upon any promises or representations by Mithrah except as set forth in this agreement.

Mithrah may change these Terms and conditions by posting modifications on the Website. Unless otherwise specified by Mithrah, all modifications shall be effective upon posting. By using the Website after the changes become effective, you agree to be bound by such changes to the Terms of Condition. If you do not agree to the changes, you must terminate access to the Website and participation in its services. We reserve the right to terminate your access to the Website if you do not agree to the changes to the Terms and Conditions.

Mithrah may freely transfer or assign these Terms and conditions or any of its obligations hereunder.

The Website is controlled from our offices in Victoria. These Terms and Conditions will be governed by and construed in accordance with the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and conditions which will continue in full force and effect.

24 Mithrah – meaning of this word

Mithrah therapists and team members may be denoted as Mithras or Mithrahs in plural or Mithra or Mithrah in singular in this document or across the website. The word is not case sensitive. Mithra means a compassionate friend in Sanskrit language. This term is not associated with the professional qualification or profession or relevant professional registration of the therapist or the team members of Mithrah.

25 Community Values and Community Mental Health

Community values and community mental health are the fundamental philosophy behind the online or offline Mithrah Therapy Platform. We do not mean any particular or specific community when we use this term in this site or in our services or anywhere in our documents. We mean all the communities accepted and approved by the Australian government as communities. We respect the values of these communities. Community mental health can be defined as mental health focussed on the community framework and values of the community. We do not guarantee that all therapists and staff of Mithrah understand and work in line with the diverse communities and their community values that exist in Australia or online.

26 Community Languages

Mithrah do not give any guarantee or endorse that the community languages used by our therapists will be of high standard or any specific standard. The clients are requested to check this directly with their therapists.