TERMS AND CONDITIONS OF USE

1. About the Website

   1. Welcome to Psychs Pay Psychs (psychspaypsychs.com). The Website is a hub for selling and purchasing psychology and mental health resources (Services).

   2. The Website is operated by Psychs Pay Psychs Pty Ltd (ACN 669393006). Access to and use of the Website, or any of its associated Products or Services, is provided by Psychs Pay Psychs Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

   3. Psychs Pay Psychs Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Psychs Pay Psychs Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
   
   You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Psychs Pay Psychs Pty Ltd in the user interface.
    

3. Registration to use the Services

   1. In order to access the Services, you must first register for an account through the Website (Account) .

   2. As part of the registration process for a Customer Account to use and browse the website, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Email address
      2. Preferred username
      3. Telephone number
      4. Password
      5. Qualification/s
      6. Country

   3. As part of the registration process for a Vendor Account, to allow you to upload and sell your own products, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Email address
      2. Preferred username
      3. Telephone number
      4. Mailing Address
      5. Birth Year
      6. Password
      7. Qualification/s
      8. Country and State

   4. You warrant that any information you give to Psychs Pay Psychs Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

   5. Once you have completed a customer account, or a vendor account, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

   6. You may not use the Services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with Psychs Pay Psychs Pty Ltd; or
      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member
   
   

   1. As a Member, you agree to comply with the following:

      1. you will use the Services only for purposes that are permitted by:
         1. the Terms; and
         2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any
      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Psychs Pay Psychs Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Psychs Pay Psychs Pty Ltd providing the Services;
      5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Psychs Pay Psychs Pty Ltd;
      6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Psychs Pay Psychs Pty Ltd for any illegal or unauthorised use of the Website; and
      8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment
   
   

   1. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

   2. You acknowledge and agree that Psychs Pay Psychs Pty Ltd is not responsible for the data or payment information which is handled by Stripe in the course of providing its third-party service to Psychs Pay Psychs Pty Ltd.

   3. You acknowledge and agree that product purchase payments are processed through Stripe who are responsible for dividing the funds between the Psychs Pay Psychs Pty Ltd Service Fee and the Vendor Payment. Psychs Pay Psychs Pty Ltd will process Vendor Payments between the 1st and 3rd day of each month for the previous month of sales.

   4. You agree and acknowledge that Psychs Pay Psychs Pty Ltd can vary the Services Fee at any time. Psychs Pay Psychs Pty Ltd will use best endeavours to notify you of any Services Fee variations.

6. Refund Policy
   
   

   Psychs Pay Psychs Pty Ltd will only provide you with a refund in accordance with the Refund Policy psychspaypsychs.com/pages/refund-policy/ 

7. Promotional Discount Policy
   
   

   1. By agreeing to these Terms and Conditions you acknowledge and agree to the following terms:

      1. Promotional Discounts can only be set by Psychs Pay Psychs Pty Ltd.
      2. Vendors can apply Promotional Discounts to either individual products, or a category of products, based on the following conditions:
      1. A maximum of one (1) Promotional Discount can be applied to a product at any given time.
      2. If Vendors wish to apply a Promotional Discount across an entire product category, any existing Promotional Discounts applied to individual products within that category will be overwritten with the category Promotional Discount.
      3. If Vendors wish to apply any additional or non-listed Promotional Discounts, they can request this in writing to info@psychspaypsychs.com. These requests will be assessed on a case-by-case basis and may be rejected at the discretion of Psychs Pay Psychs Pty Ltd.

8. Copyright and Intellectual Property
   
   

   1. The Website, the Services and all of the related products of Psychs Pay Psychs Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Psychs Pay Psychs Pty Ltd or its contributors.

   2. All trademarks, service marks and trade names are owned, registered and/or licensed by Psychs Pay Psychs Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device's cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
      Psychs Pay Psychs Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Psychs Pay Psychs Pty Ltd.
   3. Psychs Pay Psychs Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
   4. You may not, without the prior written permission of Psychs Pay Psychs Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy
   
   

   1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. .

   2. Subject to this clause, and to the extent permitted by law: .

      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. Psychs Pay Psychs Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

   3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Psychs Pay Psychs Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Psychs Pay Psychs Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products of Psychs Pay Psychs Pty Ltd; and
      4. the Services or operation in respect to links which are provided for your convenience.

10. General Disclaimer
    
    

    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. .

    2. Subject to this clause, and to the extent permitted by law: .

       1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
       2. Psychs Pay Psychs Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Psychs Pay Psychs Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Psychs Pay Psychs Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
       1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
       2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
       3. costs incurred as a result of you using the Website, the Services or any of the products of Psychs Pay Psychs Pty Ltd; and
       4. the Services or operation in respect to links which are provided for your convenience.

11. Limitation of liability
    
    

    1. Psychs Pay Psychs Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Psychs Pay Psychs Pty Ltd's Privacy Policy (www.psychspaypsychs.com/privacy).
    2. You expressly understand and agree that Psychs Pay Psychs Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    .

12. Competitors
    
    

    If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Psychs Pay Psychs Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Psychs Pay Psychs Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach. .

13. Termination of Contract - 'Customer Account'
    
    

    1. The Terms will continue to apply until terminated by either you or by Psychs Pay Psychs Pty Ltd as set out below. .

    2. If you want to terminate the Terms, you may do so by:
       1. deleting your account from within your user profile, and selecting 'delete account'
       2. closing your accounts for all of the services which you use, where Psychs Pay Psychs Pty Ltd has made this option available to you.
    3. Psychs Pay Psychs Pty Ltd may at any time, terminate the Terms with you if:
       1. you have breached any provision of the Terms or intend to breach any provision;
       2. Psychs Pay Psychs Pty Ltd is required to do so by law;
       3. the provision of the Services to you by Psychs Pay Psychs Pty Ltd is, in the opinion of Psychs Pay Psychs Pty Ltd, no longer commercially viable.
       4. it becomes aware of the Member misusing the website and its products or conducting illegal activity through the operation of the website and its products.
    4. Subject to local applicable laws, Psychs Pay Psychs Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Psychs Pay Psychs Pty Ltd's name or reputation or violates the rights of those of another party.

14. Termination of Contract - 'Vendor Account'
    
    

    1. The Terms will continue to apply until terminated by either you or by Psychs Pay Psychs Pty Ltd as set out below. .

    2. If you want to terminate the Terms, you may do so by:
       1. providing Psychs Pay Psychs Pty Ltd with 14 days' written notice of your intention to terminate; and
       2. closing your accounts for all of the services which you use, where Psychs Pay Psychs Pty Ltd has made this option available to you.
       Your notice should be sent, in writing, to Psychs Pay Psychs Pty Ltd via the 'Contact Us' link on our homepage.
    3. Psychs Pay Psychs Pty Ltd may at any time, terminate the Terms with you if:
       1. you have breached any provision of the Terms or intend to breach any provision;
       2. Psychs Pay Psychs Pty Ltd is required to do so by law;
       3. the provision of the Services to you by Psychs Pay Psychs Pty Ltd is, in the opinion of Psychs Pay Psychs Pty Ltd, no longer commercially viable.
       4. it becomes aware of the Member misusing the website and its products or conducting illegal activity through the operation of the website and its products.
    4. Subject to local applicable laws, Psychs Pay Psychs Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Psychs Pay Psychs Pty Ltd's name or reputation or violates the rights of those of another party.

15. Indemnity
    
    

    You agree to indemnify Psychs Pay Psychs Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the website and its products;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    3. any breach of the Terms.

16. Venue and Jurisdiction
    
    

    The Services offered by Psychs Pay Psychs Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

17. Governing Law
    
    

    The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns

18. Severance
    
    

    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.