Terms and conditions

Welcome to www.landscapeoflife.com.au (our Site).

The Trustee for Harris Gniel Trust trading as ‘Landscape of Life’ (ABN 94 617 792 912) (landscape of life, we, us, our) is dedicated to building human connection, helping people create healthy relationships and wellbeing in all aspects of life. Our mission is to promote, facilitate, and educate people about healthy relationships, relationships generally and understanding your connections with yourself and others, to enhance your wellbeing. We foster a collaborative community of counselling professionals, where we aim to refer you to counsellors that we know and trust within our community.

These Terms and Conditions (Terms) govern your use of our Site, and our services, and form a binding contractual agreement between us, and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to landscape of life in writing at info@landscapeoflife.com.au before using our Site, or purchasing, using, or engaging our services.

landscape of life’s services are intended for users aged 18 and over, and in the case of minors, must be accessed or engaged by their parent or legal guardian.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

These Terms were last updated in July 2021.

1. Acceptance of terms

   1. By browsing, accessing, downloading, booking, purchasing or using the services offered on our Site, whether or not you have purchased or engaged our services either directly or indirectly, and irrespective of whether you are a user, a guest, client, or customer, you acknowledge that you have read and understood these Terms and agree to be bound by them.

2. Variations to terms

   1. landscape of life reserves the right, in its sole discretion, to vary, change or amend any part of these Terms.
   2. In that event, landscape of life will provide notice of the variation by publishing the updated Terms on our Site.
   3. The updated Terms will be taken to have effect on the date of publication.
   4. Your continued use of our services and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
   5. Should you object or disagree to these Terms, you must discontinue your use of our services, and our Site.

3. Privacy

   1. To the extent that you provide any personal information to us, where Personal Information has the same meaning as in the Privacy Act 1988 (Cth), and Landscape of Life will treat such Personal Information in accordance with our privacy policy, which is available at https://www.landscapeoflife.com.au/about/privacy-policy/.

4. Bookings, cancellations and payments

   1. We accept bookings for all appointments at our premises, which means we take bookings on behalf of the service providers (counsellors) for the (counselling) services listed either online or displayed at the premises from time to time.
   2. Bookings can be made online, over the phone and in person.
   3. Bookings are subject to availability, which is on a ‘first come, first serve’ basis. If there is unavailability for your preferred appointment time, you may be placed on a waitlist, and notified of any booking availability in due course.
   4. All bookings, cancellations and payments are subject to the terms and conditions prescribed by each service provider.
   5. Online bookings and payments can be made through our Site and/or our landing pages, and which are subject to the terms and conditions of booking and service as displayed on each respective Site and/or landing page.
   6. All prices are listed in Australian Dollars (AUD) and are GST exclusive, unless stated otherwise.
   7. You warrant, acknowledge and agree that:
      1. We act as a host where we are authorised to process bookings, cancellations and payments on behalf of the service providers both online and in person.
      2. Bookings, cancellation and payment terms will vary according to your chosen service provider. This is because each service provider is its own business and so it prescribes its own terms and conditions for bookings, cancellations, refunds and prices.
      3. You have read, understood and accepted the terms and conditions of each service provider as displayed by that service provider, whether on our Site, landing pages, or at our premises, at the time of making a booking, cancellation or payment.
      4. When making any bookings or payments through us, you authorise us to collect and retain personal information and other such information provided by you, including information requested by the service providers.
      5. Bookings, cancellations and payments made in person will be serviced in accordance with the terms and conditions prescribed by the respective service provider. In that event, we will service and process all bookings, cancellations and payments at reception during our staffed business hours, and where we are unavailable your service provider will service and process your bookings, cancellations and payments with you directly.
      6. Bookings, cancellations and payments made online will be serviced either on our Site or our landing pages, where we may use third party platforms to host our landing pages, such as AcuityScheduling (or any other platforms as nominated by us from time to time).
      7. Each third party platform has their own terms and conditions of service/use, which are available via the respective third party platform.
      8. You have read, understood and accepted the terms and conditions of each third party platform as displayed by that third party platform at the time of making a booking, cancellation or payment.
      9. Acceptable forms of payment may include cash, eftpos, direct debit, or payment may be made electronically via a third party payment provider, such as Square, Stripe, PayPal, or such other third party payment provider nominated by a service provider from time to time. You will need to check the individual terms and conditions set by your service provider for the most up-to-date methods of payment, or as displayed at the time of payment.
      10. Each third party payment provider has their own terms and conditions of service/use, and which are available by that third party payment provider.
      11. You have read, understood and accepted the terms and conditions of each third party payment provider as displayed by that third party payment provider at the time of making a booking, cancellation or payment.

5. Referrals

   1. By making a booking through us, whether in person, over the phone, or online, you are requesting a Referral to a service provider (counsellor).
   2. As a new client, you can self-select your service provider (counsellor) online, or we can assist you to self-select a service provider in person or over the phone. You should try and pick your service provider according to personal preference given that the service providers are experienced counsellors, so this means you may wish to focus on things that are more important to you when making your decision, such as a counsellor’s service areas, or their individual interests.
   3. You may choose to book directly with the service provider that you have selected, or we may refer you to an alternate service provider.

6. Refunds

   1. As a booking service that takes bookings and payments on behalf of service providers, we are unable to issue any refunds for our services as there is no relationship with you and us for our services, and we do not accept any payments from you. In the case of refunds for (counselling) services from your service provider (counsellor), and specifically for consultations, this is a matter between you and your service provider, and you must contact your service provider directly in that regard.
   2. To the extent that we are entitled to do so, landscape of life limits its liability in respect of any claim under the Australian Competition and Consumer Act (2010) (Cth) and in particular, Schedule 2 to this Act which contains the Australian Consumer Law (ACL) ACL, to the following, at its option:
      1. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
      2. in the case of products, the replacement of the products or the supply of equivalent products, the repair of such products, the payment of the cost of replacing the products or acquiring equivalent products, or the payment of the cost of having the products repaired.

7. General disclaimer

   1. Our Site is intended for general education, information and online booking and appointment payment purposes only. Nothing on our Site, or any of the content provided to you by us in the supply or in connection with our services, purports to offer any advice, least of all specific medical, psychological, counselling or other professional advice.
   2. You acknowledge and agree that we are promotors, educators, and facilitators, first and foremost, and that while we seek to promote wellbeing, and education concerning healthy relationships, we are trying to teach skills and to equip you with tools and strategies for your own navigation, implementation, personal development and use, but in a general sense, and which it is not specific to your individual circumstances.
   3. Before acting on any recommendations and information you receive in connection with our services you acknowledge and agree to seek such other independent professional advice as required. Some of our content may raise or evoke difficult and at times challenging emotions. It is important to know your limits and to exercise self-care so that you seek support before you reach your limit. Use caution and always seek professional advice from a qualified medical professional before acting on any information we provide. If you wish, we can refer you to an appropriate counsellor, psychologist or psychiatrist and other community services to assist.
   4. Consistent with the disclaimers under clause 7, we expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, content or information supplied to you. You also acknowledge and agree to hold Landscape of Life harmless for any loss suffered as a result of our recommendations, content and information supplied in connection with our services and in accordance with this Site and further acknowledge and agree that the indemnities under clause 14 are considered reasonable.

8. Counselling services disclaimer

   1. While we are promotors, facilitators and educators in the field of relationships, wellbeing and counselling, landscape of life does not supply any counselling services whatsoever, nor does it supply medical advice, whether expressly, implicitly or by implied by conduct.
   2. We facilitate referrals to service providers, where you may receive counselling services by directly engaging and contracting with those service providers for their services. The selection of a service provider is ultimately your decision, and the resulting relationship created between you and the service provider in receiving the services, remains between that service provider and you solely, in a relationship of medical professional and patient, Counsellor and client, supplier and recipient.
   3. We expressly exclude any relationship with you other than that as a facilitator, and accordingly we make no guarantee, and we make no express or implied warranties as to the (counselling) services that you may receive at our premises from various service providers. Counselling services are supplied directly to you by a service provider, and you warrant that:
      1. Any complaints arising from the enforcement or application of the terms and conditions prescribed by a service provider, are to be made directly to that service provider. We expressly limit any and all liability arising from the enforcement or application of the terms and conditions prescribed by a service provider.
      2. Any complaints arising from the provision of the services from the service provider are to be made directly to that service provider. We expressly limit and all liability arising from the (counselling) services you receive from a service provider.
   4. landscape of life does not guarantee and makes no express or implied warranties as to any specific progress or results you may achieve in the course of the supply for (counselling) services from service providers (Counsellors). As with any medical (counselling) service your progress and results will depend on many factors, including honest disclosure of your medical and health history, whether you have any prior experiences of trauma, prior or existing medical conditions and prescribed medications, individual genetic make-up, your development history and lifestyle factors, adherence to counselling and medical advice and treatment, and your own commitment, dedication, desire, and motivation. Any medical (counselling) services you receive are independent of your legal relationship with us and are strictly between you and your service provider (Counsellor).

9. Your obligations

   1. When using our services, you may be given access to our Site and group communities, whether online or in person, such as Facebook groups and other associated online discussion or in person forums, including without limitation, webinars, web-conferences, seminars, workshops, conferences (landscape of life Community) in which you may post or otherwise attend at and discuss your views, testimonials, comments, photos, messages or other material, (Your Content). When attending at, or posting Your Content within our Community, you agree that you will not cause to disclose, post or otherwise publish through this Site or the Landscape of Life Community any of the following:
      1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
      2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
      3. Information that includes personal or identifying information about another person without that person’s consent.
      4. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activities, off-site premises, and internet Sites, except as otherwise expressly permitted by us.
      5. Any information or content that impersonates any person, business or legal entity.
      6. Any material, non-public information about companies without authorisation to do so.
      7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
   2. By disclosing, posting or otherwise publishing Your Content on our Site or within landscape of life Community, you:
      1. Warrant that you have the right to grant the above licences; and
      2. Warrant that Your Content does not breach these Terms.
   3. We reserve the right (but have no obligation) to:
      1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, threaten, endanger or violate the rights of any person;
      2. Eject you from the premises in the case of an in-person forum, where your disclosure or conduct in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; or
      3. Monitor the use of the Site and/or landscape of life Community, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation, compliance with a Court order or lawful governmental request.

10. Code of conduct

    1. Our Site and the landscape of life Community is a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.
    2. Whilst using this Site and/or being a participant of landscape of life Community, we ask that you not:
       1. Contact anyone who has asked not to be contacted.
       2. Collect personal data about other users for commercial or unlawful purposes.
       3. Infringe other user’s privacy rights.
       4. Violate the intellectual property of others.
       5. Post anything that contains software viruses, worms or any other harmful code.
       6. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
    3. 10.3 Please see the landscape of life Community Code in the appendix to these Terms for more information.

11. Intellectual property, copyright and trade mark notices

    1. landscape of life reserves all intellectual property rights, including but not limited to copyright in any and all content circulated by us online, or as available, accessed, or downloaded from our Site. All such content is protected under the Australian Copyright Act 1968 (Cth), through international treaties, and protected in other countries, as a collective work(s) and/or compilation(s), pursuant to international copyright laws and international conventions.
    2. All content available via the Site, or otherwise delivered by us in the supply of our services, including (but not limited to) audio and visual recordings, film and video, soundbites, programs, presentations, publications, courses, course materials, education/training modules, guides, frameworks, tools and templates, text, graphics, information architecture, underlying software programming and coding (Our Content), is subject to copyright.
    3. landscape of life grants you a non-exclusive, non-transferrable license to our Content for education and training purposes only where you may browse, access, download, or print Our Content for non-commercial, personal or internal business use, however you must obtain our prior written consent if you wish to use, distribute, copy or reproduce our Content, or anything on our Site. You agree not to use, distribute, copy or reproduce our Site, or any of Our Content for any other purpose without our express written consent.
    4. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. You agree that you must not disassemble, decompile, reverse engineer or otherwise attempt to discover any of Our Content or source code contained in the Site. Without limiting the foregoing, you agree not to modify, disassemble, decompile, reverse engineer, sell, resell, or exploit for any purposes any aspect of the Site and Our Content.
    5. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
    6. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of landscape of life. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to landscape of life, in any manner that is likely to cause confusion with customers, or in any manner that disparages landscape of life.
    7. Nothing contained on this Site or in the landscape of life Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
    8. Violations of our intellectual property including copyright, trademarks and other proprietary rights and is strictly prohibited and you agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that landscape of life will be entitled to seek interlocutory (injunctive) relief if such steps are necessary to prevent violations of its intellectual property and other proprietary rights.

12. Access

    1. landscape of life will use reasonable endeavours to ensure that the Site is available continuously, however we do not make any representations or warranties, whether express or implied, that your access will be uninterrupted, timely, secure or error free.
    2. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
    3. Except as expressly provided otherwise in the Terms, landscape of life reserves the right to change or discontinue any Site, feature or service (or part thereof) available on the Site at any time.

13. Third party links, affiliates & sponsors

    1. Any links to other websites or Sites accessed from our Site, are not operated by landscape of life, are not controlled by landscape of life and are controlled by third parties (Third Party Links). We therefore accept no responsibility for clicking or accessing any Third Party Links and expressly disclaim any and all loss or damage that may arise from your use or access to any Third Party Links from our Site. Your use of these Third Party Links will be subject to the terms of use and service contained within each respective Third Party Link pursued.
    2. As referrers and affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site, via the landscape of life Community or in the course of delivering our services. Whilst we endeavor to only refer, recommend and endorse other businesses and service providers that we know and trust, and which have the same or similar core values as our own business, we can never provide you with a 100% guarantee that this is the case. For this reason it should be noted that any referral, affiliation or sponsorship for services may be for remuneration purposes only and is not to be an expression of our own recommendation, endorsement or promotion of those services which are not our own, unless we expressly state otherwise.
    3. We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own, and caution you to make your own independent inquiry prior to any such use or purchase.

14. Indemnity

    1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, products, services, or for any breach of these Terms by you, or your agents or assigns.
    2. We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site, the landscape of life Community or by engaging with us for our services.

15. Liability is limited

    1. The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
    2. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, or our services.
    3. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
       1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
       2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
       3. Accessing websites, Sites, apps, Third Party Links or servers maintained by other organisations through our Site, or via Landscape of Life Community or our services. Links are provided for convenience only. We do not endorse any other websites, Sites, apps or Third Party Links, nor their services and you access them at your own risk.
       4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

16. Termination

    1. We reserve the right to suspend, terminate, or eject you from the premises in accordance with your use of the Site, our services and conduct within the landscape of life Community, if you breach these Terms, as determined by us in our sole discretion.
    2. You may terminate your use of our Site, the landscape of life Community, and/or our services at any time, which will be effective upon:
       1. receiving 30 calendar days’ written notice from you; and/or
       2. mutual written agreement between landscape of life and you.
    3. Any ejection, suspension or termination of your access to our Site, the landscape of life Community, and/or our services may be temporary or permanent and have no bearing upon other agreements and terms reached in relation to the payment of our services.

17. Assignment

    1. We may assign, transfer, novate our rights and obligations under these Terms at any time by providing with you four (4) weeks’ written notice, and which does not affect the construction of any other part of provisions of these Terms.

18. No waiver

    1. No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
    2. Words or conduct referred to in clause 16.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

19. Severability

    1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

20. Survival

    1. Clauses 6, 7, 8, 11, 14, 15 and 21 survive termination or expiry of these Terms together with any other term by which its nature is intended to do so.

21. Dispute resolution

    1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 21 herein.
    2. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
    3. In the case of claims against us, all notices are to be provided to info@landscapeoflife.com.au.
    4. If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
    5. Once an alternate dispute resolution process has been elected, the parties agree that:
       1. The costs of the meditator shall be borne equally between the disputing parties.
       2. The chosen mediator shall determine the procedures for mediation.
       3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
    6. If the parties have not reached a resolution of the dispute within ten business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause 21, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
    7. Nothing in this clause 21 prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

22. Applicable law

    1. These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the non-exclusive jurisdiction of the courts in Victoria, Australia to determine any matter or dispute which arises between us.

23. Contact us

    1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our privacy policy for further details.

    2. If you have questions or comments regarding this Site or landscape of life services, please email us at info@landscapeoflife.com.au.

       Business details

       Business Name: Landscape of Life
       ABN: ABN 94 617 792 912
       Country: Australia
       Email: info@landscapeoflife.com.au

Appendix

Landscape of life community code

We want people to feel safe when using our groups and forums whether online or in-person. For that reason, we’ve developed a set of policies for our community code, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our community, please keep in mind that something that may be disagreeable or disturbing to you, may not violate our community code.

• Keep it respectful
  Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
• No pitching to the group
  We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
• Maintain integrity and our rules of registration
  Always maintain your integrity by safeguarding Our Content, and keeping your Passwords and account information confidential and safe. You aren’t permitted to share any content or account details under our Terms, so make sure you report any hacking, viruses, or unauthorised access to your account to us immediately so we can take action.
• Respect confidentiality
  Content gathered in the landscape of life Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
• Keep it on topic
  We reserve the right to remove posts based on off-topic content or offensive content.
• Report posts that are breaking group policies
  Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
• Breaking the rules
  If you are deemed to be breaking the rules of the group, landscape of life reserves the right to remove or eject you from the Facebook, other online group or in-person forum that the offending behaviour has occurred within.