Terms of Service

Last Updated: July 7, 2025

Welcome to onPsych .These Terms of Service (“Terms”) govern your access to and use of our websites www.onPsych.com.au, https://onpsych.us . By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy (linked below). If you do not agree with these Terms, you must not access or use the Service.

1. Eligibility

1.1 Access by Children and Young People
Our services are available to individuals of all ages, including children and young people. In accordance with Australian law and best practice guidelines in healthcare and education, individuals under 18 years of age are required to access and engage with our services only with the knowledge and involvement of a parent, legal guardian, or an appropriate responsible adult (such as a teacher, carer, or support worker).

1.2 Parental or Guardian Consent
By accessing or using our services, you affirm that if you are under 18 years of age, you have obtained all necessary and informed consent from a parent, legal guardian, or responsible adult, prior to engagement. We may, at our discretion, request evidence of such consent to meet our obligations regarding privacy, child safety, and the delivery of safe and appropriate support services.

1.3 Jurisdictional Compliance
Our services are offered in compliance with applicable laws and regulations in Australia. If you are accessing our services from outside Australia, you are responsible for ensuring that your access and use complies with all relevant local laws and requirements.

2. User Profile

2.1 Account Creation: To access certain features of the Service, you may need to create an account by providing accurate and complete information (e.g., name, email address, ect.).

2.3 Account Restrictions: You may not:
Share your account with others or allow others to use your account.
Create multiple accounts to circumvent restrictions or bans.
Use another person’s account without permission.
2.4 Account Deletion: You may request to delete your account by contacting us at contact@onpsych.com.au. We may retain certain data as required by law or for legitimate business purposes (see Privacy Policy).

3. Acceptable Use Policy

3.1 Permitted Use: You may use the Service only for lawful purposes and in accordance with these Terms.

3.2 Prohibited Conduct: You agree not to:

Violate any local, national, or international laws or regulations.
Post, upload, or transmit content that is unlawful, harmful, threatening, abusive, defamatory, obscene, discriminatory, or otherwise objectionable.
Infringe on the intellectual property, privacy, or other rights of others.
Engage in fraudulent activities, including impersonation or misrepresentation.
Interfere with the Service’s operation, including by introducing viruses, malware, or other harmful code.
Use automated tools (e.g., bots, scrapers, spiders) to access, extract, or collect data from the Service without our express written permission.
Attempt to gain unauthorized access to the Service, user accounts, or our systems.
Overload or disrupt the Service (e.g., through denial-of-service attacks).
Engage in spamming, phishing, or unsolicited communications.

3.3 Content Moderation: We reserve the right to monitor, review, and remove any content you submit to the Service that violates these Terms or is otherwise objectionable, at our sole discretion.

4. Intellectual Property

4.1 Our Content: The Service, including all text, graphics, logos, designs, software, and other materials (“Our Content”), is owned by us or our licensors and protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from Our Content without our prior written consent.

4.2 User Content: By posting, uploading, or submitting content to the Service (“User Content”), you:

Grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, display, distribute, and create derivative works of your User Content in connection with operating, promoting, and improving the Service.
Represent that you own or have the necessary rights to your User Content and that it does not violate these Terms or any laws.
5. Fees and Payments

5.1 Free and Paid Services: Some features of the Service are Medicare bulk billed, covered by your NDIS plan, while others require payment. All fees are listed on the Service.

5.2 Payment Terms:

You agree to pay all applicable fees using a valid payment method.
All fees are non-refundable unless otherwise stated or required by law.
5.3 Taxes: You are responsible for any applicable taxes on fees paid for the Service.
5.4 Billing Disputes: Contact us at contact@onpsych.com.au within 30 days of a charge to resolve billing disputes. Failure to do so waives your right to dispute the charge.

6. Termination and Suspension

6.1 By You: You may stop using the Service or disactivate your account at any time by contacting us at [support email].

6.2 By Us: We may suspend or terminate your access to the Service, with or without notice, if you:

Violate these Terms.
Engage in conduct that harms the Service, other users, or our reputation.
Are subject to legal or regulatory requirements necessitating termination.
6.3 Effect of Termination: Upon termination:
Your right to access the Service will cease.
We may delete your account and User Content, subject to legal retention requirements.
Any outstanding fees remain due.

7. Disclaimers and Limitation of Liability

7.1 No Warranties on Services
Except as expressly stated below, our services—including mental health support, educational programs, and disability support—are provided “as is” and “as available,” without any warranties or guarantees, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 Product Warranty (Red Light Therapy Unit)
We offer a 12-month warranty on our red light therapy unit, commencing from the date of purchase. This warranty covers defects in materials and workmanship under normal use. Full warranty terms and claims procedures are provided with the product or are available upon request.

7.3 Risks of Use
You use our services and products at your own risk. We are not responsible for:

Errors, interruptions, or inaccuracies in the service or product availability.
Loss of data, personal injury, or other damages arising from your use of the services or products.
Content posted by other users or third parties.

7.4 Limitation of Liability
To the fullest extent permitted by law:

We and our affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages (such as loss of profits, data, goodwill, or similar) resulting from your use of our services or products.
For claims relating specifically to a purchased product, such as the red light therapy unit, our liability is limited to the remedies expressly set out in the warranty terms.
For all other claims, our total liability will not exceed the greater of (a) the amount you paid us for the service in the 12 months preceding the claim, or (b) $100 AUD.

7.5 Jurisdictional Exceptions
Some laws do not allow limitations on certain warranties or the exclusion or limitation of certain damages. In these cases, our liability will be limited to the maximum extent permitted by applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless onPsych its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from:

Your use of the Service.
Your violation of these Terms.
Your User Content.
Your infringement of any third-party rights.

9. Governing Law and Dispute Resolution

9.1 Governing Law: These Terms are governed by the laws of Australia, without regard to conflict of law principles.

9.2 Dispute Resolution:

Informal Resolution: Before pursuing formal action, you agree to attempt to resolve disputes by contacting us at contact@onpsych.com.au.
Jurisdiction: Any disputes not resolved informally will be resolved exclusively in the state or federal courts located in Melbourne.
Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions or collective arbitration.
9.3 Time Limit: Any claim arising from these Terms or the Service must be filed within one year from the date the claim arose, or it will be barred.

10. Changes to These Terms

10.1 Updates: We may modify these Terms at any time to reflect changes in the Service, legal requirements, or our business practices.

10.2 Notification: We will notify you of material changes by posting the updated Terms on the Service, sending an email, or using other reasonable means at least 30 days before the changes take effect (unless required sooner by law).

10.3 Acceptance: Your continued use of the Service after the updated Terms take effect constitutes your acceptance. If you do not agree, you must stop using the Service.

11. Miscellaneous

11.1 Entire Agreement: These Terms, along with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and us regarding the Service.

11.2 Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

11.3 Waiver: Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

11.4 Assignment: We may assign these Terms or delegate our obligations to a third party without your consent. You may not assign these Terms without our written consent. 1

1.5 Force Majeure: We are not liable for delays or failures in performance due to events beyond our control (e.g., natural disasters, pandemics, cyberattacks).

12. Contact Us

For questions, concerns, or feedback about these Terms, please contact us at:

Email: contact@onpsych.com.au