Terms & Conditions

1. Preliminary

1.1 By using this website, or a Service we provide you agree to be bound by these Terms, as amended or replaced by us from time to time.


1.2 These Terms constitute a contract between us (as owner of the website) and you (as user of this website), in relation to your use of this website (www.charltoncounselling.com.au) and a Service we provide, in particular to the ordering and purchase of a Service from us.

2. Definitions

(1) Price means the purchase price of a Service as specified on the Website or otherwise notified to you;

(2) Service means a Service that we offer including those described, displayed or advertised on the Website;

(3) Terms means these Terms as amended from time to time;

(4) Website means www.charltoncounselling.com.au; 

(5) We, Us or Our means Kate Rigden Charlton ABN 44 899 093 743 trading as Charlton Counselling;

(6) You or Your means you, as the user of our website or a purchaser of a Service, from us pursuant to these Terms.

3. Interpretations

3.1 Interpretation

In these Terms, unless the context otherwise requires:

(1) a reference to:

(a) one gender includes the other genders;

(b) the singular includes the plural and the plural includes the singular;

(c) a person includes a natural person, partnership, body corporate, joint venture, association, government, authority, agency or other entity; 

(d) a party includes that party's executors, administrators, successors and permitted assigns;

(e) a document is to that document as amended, novated or replaced from time to time;

(f) money is to Australian dollars, unless otherwise stated;

(g) “including" and similar expressions are not words of limitation;

(h) a statute, regulation or provision of a statute or regulation ("Statutory Provision") includes:

(i) that Statutory Provision as amended or re-enacted from time to time; and

(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision, or if relevant, the predecessor to that statute, regulation or provision; 

(2) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(3) a provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms;

(4) if an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day;

(5) headings are for convenience only and do not affect the interpretation or form part of these Terms; 

(6) words defined in the GST Law have the same meaning in this Agreement; and

(7) any party which is a trustee is bound in its capacity as a trustee and personally.

4. General

4.1 These Terms apply to: 

(a) the use of this Website;, 

(b) the purchase of a Service from us; and 

(c) the use of a Service.

4.2  In using this Website for these or any other purposes, you agree to be bound by these Terms. These Terms must be read in conjunction with any other applicable Terms governing the use of this Website and our Services. 

5. Information

5.1 You warrant to us that:

(1) any information you supply to us is complete and accurate in every respect; and

(2) if you supply information to us relating to another person, you have obtained the prior consent of that person to supply information to us.

6. Appointment booking

6.1 The length of a standard counselling session is 60 minutes.

6.2 An appointment can be scheduled via our booking system on our Website.

6.3 At the time of booking, you must pay a deposit, being 50% of the Price for a standard session and you must pay the balance Price at the end of your session.

7. Fees

7.1 You acknowledge and agree that despite our reasonable efforts, Services may be shown on our website with an incorrect Price or with incorrect information due to typographical or similar errors. 

7.2 We will endeavour to correct any error shown on our website promptly after becoming aware of it.

7.3 Unless otherwise specified the Price is in Australian dollars and inclusive of any applicable GST;

7.4 You must pay the Price without deduction or set-off.

8. Payment

8.1 In respect of a Service, we will charge you and you must pay the Price for the Service including any applicable GST in accordance with these Terms.

8.2 We accept payment by any method specified on our website or otherwise notified to you.

8.3 We will render a tax invoice after we have accepted and processed your payment for a Service.

9. Price change

9.1 We may at any time prior to a Service being provided, change the Price for any Service without notice to you.

10. Cancellation Policy

10.1 If you require your appointment to be cancelled or rescheduled, you must give at least 48 hours prior notice before the scheduled appointment. 

10.2 If you: 

(1) cancel your appointment without giving at least 48 hours prior notice before the scheduled appointment; or 

(2) fail to attend the appointment, 

you agree you forfeit the deposit to us and you will not be entitled to a refund of the deposit.

10.3 If you: 

(1) cancel your appointment; or

(2) reschedule your appointment, 

(3) at least 48 hours’ notice before your scheduled appointment, we may return your deposit to you or apply it to the rescheduled appointment.

11. Emergency & Crisis Support

11.1 We do not provide an emergency or crisis response service.

11.2 Our Services are not provided outside the operating hours listed on our website. 

11.3 In the event you require immediate care, emergency or a crisis response service, please: 

(1) contact Emergency Services at 000; 

(2) attend the nearest hospital;

(3) arrange an appointment with your General Practitioner; or

(4) visit the emergency page on our website.

12. Disclaimer

12.1 For the avoidance of doubt, the disclaimer contained in these Terms does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.

12.2 We do not accept responsibility for any loss, damage, costs or expenses, however caused (including through negligence) which you or any third party may directly or indirectly suffer in connection with your use of our website or the information contained on our website.

12.3 Subject to any rights you may have at law, we exclude to the fullest extent possible, all guarantees, warranties and implied terms, whether statutory or otherwise relating to these Terms.

12.4 To the extent permitted at law, any condition or warranty which would otherwise be implied into these Terms is excluded. 

12.5 If legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: 

(1) the supplying of the Services again; or 

(2) the payment of the cost of having the Services supplied again,

to the maximum extent permitted by applicable legislation.

12.6 Except in relation to liability for personal injury and except as otherwise stipulated in these Terms, we will not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or any other person which may arise directly or indirectly in respect of a Service supplied by us or in respect of any failure or omission on our part to comply with our obligations under these Terms.

13. Testimonials

13.1 The Website may contain testimonials by other users of our Services. These testimonials reflect the experience of those users of our Services.

13.2 We do not claim, and you agree, that all users of our Services will not have the same experiences.

13.3 The testimonials on the Website are submitted in various forms such as text, audio and/or video, and are reviewed by us before uploaded on our Website. They appear on the Website as given by the users of the Services.

13.4 Some testimonials may have been edited for the sake of clarity where the full testimonial contained unrelated information not relevant to the general public.



13.5 The testimonials on the Website are not claims our Services diagnose, treat, mitigate, prevent or otherwise be used for any other medical condition. No testimonials have been clinically proven or evaluated.

14. Specific Warnings

14.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

14.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Website.

14.3 Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.

14.4 We make no warranty that a Service acquired from us will meet your requirements.

14.5 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

15. Copyright

15.1 Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means:

(1) adapt, reproduce, communicate to the public, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

(2) commercialise any information, Service obtained from any part of this Website; without our express written permission.

Restricted Use

15.2 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.

Linked Websites

15.3 This Website may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained.

15.4 We are not responsible for the content or privacy practices associated with Linked Websites.

15.5 Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or Service referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

16. Privacy Policy

16.1 By accessing our Website or using a Service, you consent to us collecting, using, disclosing and reporting personal information in accordance with our Privacy Policy located on our website or any applicable law.

17. Security of Information

17.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

18. Indemnity

18.1 You acknowledge and agree that if you breach any of these Terms, you will be liable to and indemnify us against all costs, charges and expenses incurred by us as a consequence of that breach, including but not limited to all legal costs, charges and expenses. 

Termination of Access

18.2 Your access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

19. Assignment

19.1 We may assign or novate these Terms without your consent.

19.2 You must not assign, novate or otherwise deal with your rights in relation to these Terms without the prior written consent of us.

20. Amendment

20.1 We reserve the right to vary these Terms from time to time.

20.2 Any variation to the Terms will take effect from the time the amended Terms are posted on our website.

20.3 The Terms posted on the website at the time an order is placed will apply to that order.

21. Waiver

21.2 The failure of us at any time to require performance of any obligation under or in connection with these Terms is not a waiver of our right to claim damages for breach of that obligation and at any other time to require performance of that or any other obligations under these Terms, unless written notice is given to that effect.

21.2 No waiver of any right under these Terms is effective unless it is in writing and signed by the party giving it.

22. Severability

22.1 The provisions of these Terms and parts of each provision will be severable.

22.2 If any provision is found to be unlawful or unenforceable, then that provision will be read down to the extent necessary to ensure it does not infringe any law or is not otherwise unlawful or unenforceable so as to give it a valid operation to the extent possible.

22.3 If the infringing provision of these Terms cannot be read down it will be deemed to be deleted and the remaining provisions will continue to have their full force and effect.

23. Governing Law and Jurisdiction

23.1 These Terms are governed by the laws in force in Queensland.

23.2 The parties submit to the jurisdiction of the courts in Queensland exercising jurisdiction with respect to matters concerning these Terms.