terms & Conditions
Living Neuro is not a crisis service, if you require immediate assistance, please do not hesitate to contact Lifeline on 13 11 14 or the Suicide Call Back Service on 1300 659 467.
By accepting a booking at Living Neuro, you agree to our Terms and Conditions.
24 hr Cancellation Policy
We make every effort to accommodate clients’ differing schedules. While we can — and do — feel personally sympathetic to issues that can arise, you must notify me at least 24 hours in advance if you wish to reschedule your appointment to avoid bearing a 50% cancellation fee. This ensures the best opportunity for all clients to receive services and respects my time and livelihood.
Payment
Fees are due at the time of service by Cash, Credit Card, Direct Debit transfer. A tax invoice / receipt will be provided.
Disclaimer
This website and accompanying content is for informational and discussion purposes only, it should not be construed as medical advice of any kind for the reader.
Interaction with this website does not constitute a professional therapeutic relationship. Information on the this website including the blog is general information that may not apply to you as an individual, and is not a substitute for advise from a licensed counsellor, psychotherapist or health practitioner.
Meeray Ghaly and Living Neuro {www.livingneuro.com} assumes no liability for the use or interpretation of any information contained in this website; or any portion or content of material on the website and accepts no liability for damage or injury resulting from your decision to interact with the website.
For professional and customised advice, you should seek the services of a counsellor who can dedicate the hours necessary to become more familiar with your specific situation.
Services Agreement
This Agreement is made between:
("Client”, “you”) and Meeray Ghaly of Living Neuro ABN 341 303 264 98 (“Counsellor”)
1 PURPOSE OF THIS AGREEMENT
1.1 The purpose of this document is to formalise agreement for the Services to be provided as listed in the Schedule on the terms set out in this Agreement (‘the Terms’).
1.2 The Client will be providing certain Confidential Information which is proprietary to the owner to enable the Counsellor to provide the Services, which the Counsellor agrees to keep confidential.
1.3 The Client agrees to make payment for the Services in accordance with and as agreed in the Schedule.
1.4 Any intellectual property which may be developed, written, designed, or provided during the performance of the Services will remain at all times with the Counsellor as proprietary property.
1.5 The terms of this Agreement outline and govern the parties arrangement for these Services as follows:
2 DEFINITIONS
2.1 “Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures and personal information.
2.2 “Services” means the services described in Item 1 of the Schedule.
2.3 “Materials” means newsletters, reports, advertising, audio promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.
What is Counselling and Psychotherapy?
Living Neuro combines Counselling and Psychotherapy Services to offer a holistic integrative approach to improving wellness that takes into account the dynamic interplay between the mind, brain, spirit, body, social interaction and the environment of a person’s well-being. Counselling and Psychotherapy services are not to be construed as, or a replacement for health or medical advice.
Our Disclaimer: There is no guarantee of specific results and results may vary with each individual. At no time do we guarantee that you will be successful by participating in our sessions, either short or long term. We do believe there is a high rate of success using the techniques in our sessions and by committing yourself to our program and sessions you will have a better chance of being successful in achieving your goals.
3 SERVICES
3.1 The Client accepts the Services and is bound by these Terms when the Client instructs the Counsellor to proceed, by making a payment, or by confirming acceptance via email or other written means.
3.2 The Counsellor will provide the Services described in Item 1 of the Schedule in accordance with the Terms in this Agreement. The Counsellor agrees to provide these Services in a professional manner and in accordance with registered body PACFA and generally accepted industry practice and standards and will ensure any contractors or counsellors or representatives that the Counsellor may employ from time to time will have the relevant qualifications and are under the same standards requirements.
3.3 All sessions must be scheduled and agreed in advance by the Counsellor including any sessions which are rescheduled due to unavailability of either party.
3.4 In the event that a Client is unable to attend or wishes to reschedule their appointment, a minimum of twenty four (24) hour notice is required to permit the Counsellor to offer this session time to another Client. Any sessions that are not notified to the Counsellor for cancellation or rescheduling prior to this twenty four (24) hour requirement may be forfeited and may not be rescheduled.
4 WARRANTIES AND REFUNDS
4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
4.2 The Counsellor represents and warrants:
(a) in providing the Services, they will comply with all law and industry standards;
(b) the work performed to provide the Services will be done to a high standard in accordance with best industry practice; and
(c) the scope of the Services will be limited to the description provided in the Schedule unless otherwise agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Counsellor, it would benefit the Client or be required to meet the terms of this Agreement.
4.3 The Client represents and warrants:
(a) they will provide all relevant information required for the Counsellor to carry out the Services in a timely manner; and
(b) they hold the relevant and required current insurances to protect the Counsellor (where relevant) including against any third party claims.
4.4 The Client acknowledges and agrees that:
(a) results of Services vary from individual to individual. The Counsellor will use reasonable efforts to resolve the concerns, however at no time does the Counsellor guarantee or warrant any increase or altered progress or performance;
(b) there is no guarantee that any treatment, training or methods, discussions or sessions will have any, including any positive, impact, improvement or success. The information and sessions are not intended to provide a clinical or medical diagnosis nor take the place of medical advice from your medical practitioner. You use our services at your own risk and you should always consult your own medical practitioner before trying any new training, treatment or wellness approach, taking any course of action that may directly or indirectly affect your health or well being and before you act on or use any information resulting from any session; and
(c) any delay or late attendance to any scheduled sessions by the Client will finish at the nominated and agreed original time in order to not disadvantage other Clients that may be scheduled after the Client session. All sessions must finish on time at the originally scheduled time unless otherwise agreed by the Client and Counsellor.
5 DISPUTES
5.1 If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify the Counsellor of any such reason, the specifics and will give a reasonable opportunity for the Counsellor to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to the Client to provide such feedback in order to give the Counsellor an opportunity to resolve any issue quickly and effectively.
5.2 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and the Counsellor. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
5.3 In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
6 RELATIONSHIP
The relationship under this Agreement is that of principal and independent contractor. This Agreement does not make either party a joint venturer, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in this Agreement.
7 TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY
7.1 Term:
This Agreement is for the period set out in Item 2 of the Schedule. All Services must be provided between the Commencement Date and the Final Date as set out and agreed in the Schedule. In the event not all Services have been provided before the Final Date, the remainder will be forfeited by the Client unless otherwise agreed in writing. It is up to the Client to ensure they arrange and are available for all sessions and for the Services to be provided in full.
7.2 The confidentiality provisions survive the termination of this
Agreement remain until the Confidential Information becomes part of the public domain.
7.3 Ownership of Intellectual Property and Confidential Information: Materials and work may be provided to the Client from time to time during and to enable the provision of the Services. All materials and work is provided without warranties of any kind, both express and implied. Any designs, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of the Counsellor at all times. No materials may be reproduced or used for any purpose other than the personal private use of the Client. At no time may it be reproduced and provided to third parties without the express written permission of the Counsellor.
8 INFORMATION PROVIDED TO PERFORM THE SERVICES
8.1 Confidentiality:
The Counsellor agrees that they will:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) not disclose directly or indirectly,
this Agreement and all personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:
(i) as required by law or any regulatory authority;
(ii) if the Counsellor has reason to believe damage, harm or injury could be caused to the Client or any third party; or
(iii) with the Client’s express written consent.
8.2 In the event that the Counsellor has concerns about harm, damage or injury that may be caused to or by the Client or any third party, the Counsellor will first try to discuss this issue and the need to, if necessary, bring it to the attention of a qualified medical professional, guardian, or other individual as the Counsellor feels is appropriate and necessary.
8.3 The Counsellor will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case, the Counsellor will ensure they are under the same duty of confidentiality as the Counsellor is under this Agreement.
8.4 Confidential Communications with a senior clinical supervisor about the Counsellor’s work are a requirement of professional registration with Psychotherapy and Counselling Federation of Australia (PACFA) of which the Counsellor holds Clinical Membership; the purpose of supervision is to enhance the quality of care a Client receives.
9 PAYMENT, PRIVACY AND REFUND
9.1 Services will only be provided once payment has been made and received by the Counsellor.
9.2 In the event of any late, overdue or unpaid invoice amounts, they will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.
9.3 In the event that the Client fails to pay any invoices, fails to make any payments in accordance with the terms of the Agreement or does not perform its obligations under this Agreement, the Counsellor may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. The Counsellor may also commence proceedings to collect any outstanding debts owed.
9.4 All payment and personal information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to the Counsellor’s Privacy Policy for details on how Client information will be kept secure.
9.5 By providing the Counsellor with your payment and credit card details, the Client authorises payment for Services. In the event the Client has chosen payments to be made on a recurring basis, the Client hereby authorises such payments to be deducted by the Counsellor until the full payment has been made under the Terms and in accordance with this Agreement.
9.6 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
9.7 All sessions or Services are non-transferrable. In addition, no sessions may include or be attended by any other person or third party unless agreed in advance by both Client and Counsellor.
9.8 Refund: Refunds are not normally granted as the Services have, at the time of payment, been provided, however we at all time comply with Australian Consumer Law (‘ACL’) in relation to any refunds or replacement of services.
10 TERMINATION AND CANCELLATION
10.1 For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.
10.2 Termination may occur if the Counsellor believes that the working relationship has broken down including a loss of confidence and trust; or for any other reason outside their control which has the effect of compromising their ability to perform the Services. In the event of such termination by the Counsellor, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to the Client.
10.3 In the event of any termination by the Client, payment for the full terms of the Services as agreed and nominated in the Schedule becomes immediately due and payable.
10.4 Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
11 LIMITATION OF LIABILITY AND INDEMNITY
11.1 The Counsellor and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services. The Client shall indemnify and hold harmless the Counsellor from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
11.2 The liability of the Counsellor is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
11.3 The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agree to indemnify and hold the Counsellor harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third party claims.
11.4 The Client agrees that some Services may involve health or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and the Client agrees and acknowledges that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at their own risk. The Client is at all times responsible for their own physical health and emotional well-being. The Counsellor recommends that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution.
11.5 The Client agrees to advise the Counsellor of any pre-existing medical, physical or other conditions which may directly or indirectly affect or impact the Services or of which the Counsellor may need to be aware.
11.6 In any case, the Counsellor’s liability is limited at all times to amount of the last invoice fees paid by the Client.
12 GOVERNING LAW
This Agreement is governed by the laws from time to time in force in the New South Wales. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning this Agreement.