Terms of Service

1. THE AGREEMENT AND ELIGIBILITY

1.1. Contractual Framework:

These Terms of Service (the "Agreement") constitute a legally binding contract between Careness ("Careness", "we", "us", "our", "Platform") and the individual accessing the platform ("you", "User", "Seeker", or "Advisor").

1.2. Definitions of terms used in this agreement:

• "Careness" ("we", "us", "our", "Platform"): Refers to the operator of the Platform these Terms of Service are published on.
• "Advisor" ("Service Provider"): A psychology student registered on the Platform to provide advisory services and peer support.
• "Seeker": An individual user seeking mental health support, mentoring, or active listening.
• "User": Collectively refers to both Seekers and Advisors.
• "Session": A scheduled video call between a Seeker and an Advisor.

Careness is an intermediary only. We provide the technical infrastructure to connect Seekers with Advisors. Careness does not provide clinical services, medical advice, or mental health treatment. We do not employ Advisors; they are independent contractors/freelancers.

1.3. Acceptance of Terms:

By creating an account, clicking "I Agree," or utilising any portion of the Careness platform (the "Platform"), you represent that you have read, understood, and agreed to be bound by this Agreement, our Privacy Policy, and our Student Advisor Charter.

1.4. Eligibility & Capacity:

You warrant and represent that:

• (a) You are at least 18 years of age. If you are under 18, you warrant that you have obtained parental or guardian consent to use the Platform;
• (b) You possess the legal capacity to enter into a binding contract;
• (c) All information provided during the onboarding process (Questionnaires for both the "Seeker" and "Advisor") is truthful, accurate, and kept up-to-date.

2. SCOPE OF SERVICE: "MENTAL HEALTH ADVISORY" & DISCLAIMERS

2.1. The "Marketplace" Model:

Careness acts solely as a technical intermediary and marketplace. We provide the infrastructure (scheduling, video, matching, payments) to connect Seekers with Advisors.

• We do not employ Advisors. Advisors are independent contractors or sole traders.
• We do not provide medical advice. Careness is not a healthcare provider, clinic, or medical practice.
• While Careness verifies that Advisors are currently enrolled in an accredited psychology degree, we do not supervise individual sessions or guarantee the accuracy or quality of the advice given.

2.2. Advisor Status (Student Disclaimer):

You explicitly acknowledge and agree that "Advisors" are psychology students.

• They are NOT registered psychologists, psychiatrists, or medical practitioners under the Health Practitioner Regulation National Law (the National Law).
• They are NOT subject to the same regulatory oversight as AHPRA-registered professionals.
• The services provided are "Mental Health Advisory" and "Peer Support," defined as non-clinical mentoring and active listening. They are not a substitute for professional clinical treatment or diagnosis.
• Advisors cannot and will not provide clinical diagnoses, prescribe medication, or provide clinical treatment plans.
• Advisors are independent contractors. They are solely responsible for their own professional conduct and the advice they provide, their own tax obligations (including GST, if applicable), maintaining their own insurance and compliance with local laws.
• Advisors retain full discretion and control over the manner and method in which they provide their services. Careness does not direct or control the Advisor's professional judgment, scheduling availability, or the specific content of their sessions.

2.3. No Guarantee of Matching or Results:

The "Match Score" displayed on the Platform is generated by an automated algorithm based on self-reported data (e.g., coping styles, language). It is a suggestion for convenience only and does not constitute a clinical referral. We do not guarantee compatibility or successful outcomes from any interaction.

2.4. One-time verification:

Careness performs a one-time verification of an Advisor's student enrollment status at the time of their onboarding. We do not monitor their ongoing academic standing, grades, or enrollment status in real-time. It is the responsibility of the Seeker to verify the Advisor's background if they wish. Careness explicitly disclaims any liability for an Advisor's misrepresentation of their credentials or status.

3. EMERGENCY AND CRISIS NOTICE

3.1. Non-Crisis Service:

The Platform is not monitored in real-time and is not equipped for crisis intervention. Advisors are students and are not trained to handle acute psychiatric emergencies.

3.2. Mandatory Protocol:

If you are experiencing thoughts of suicide, self-harm, or are in danger of harming others, you agree to:

1. Stop using the Platform immediately.
2. Call 000 (Australia) or your local emergency services.
3. Contact a crisis line: Emergency (000), Lifeline (13 11 14), Beyond Blue (1300 22 4636), Kids Helpline (1800 55 1800).

3.3. Duty to Report:

You acknowledge that while sessions are confidential, Advisors are mandated to breach confidentiality and contact authorities (Police/Ambulance) if they reasonably believe there is an imminent risk of harm to yourself or others.

3.4. Waiver of Liability:

Careness (the "Platform") expressly disclaims any liability for injuries or death arising from a User's failure to seek professional emergency medical assistance while utilising the Platform.

4. FEES, PAYMENTS, AND REFUNDS

4.1. Payment Processing:

All payments are processed securely via Stripe. Careness does not store your full credit card information. You agree to be bound by the Stripe Connected Account Agreement where applicable. You agree to pay all fees associated with your account in accordance with the rates published on the Platform.

4.2. Pricing & Bundles:

• Single Session: Charged at the rate displayed at checkout.
• Monthly Bundle: A pre-payment for four (4) sessions ("Credits").
  • Expiry: Credits must be booked within 30 days of purchase. Unused credits do not roll over and are forfeited at the end of the billing cycle.
  • Non-Transferable: Credits cannot be transferred to another user.

4.3. Cancellation & Rescheduling Policy:

To respect the time of our Student Advisors:

• >12 Hours Notice: You may reschedule or cancel a session for a full refund/credit re-issue.
• <12 Hours Notice: Cancellations made within 12 hours of the start time are non-refundable, except where the cancellation is caused by the failure of the Platform or the Advisor to attend.

4.4. Australian Consumer Law (ACL):

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms purports to modify or exclude the guarantees that services will be rendered with due care and skill and will be fit for the specified purpose. If we fail to meet these guarantees, you are entitled to a remedy (refund or re-service) independent of our specific cancellation policies.

4.5. Taxes (GST):

While Careness facilitates the payment, the Advisor acts as the supplier of the service for tax purposes. Advisors generally operate below the GST registration threshold. If GST is applicable, it is included in the displayed price.

4.6. Nature of Service Credits:

You acknowledge that the "Monthly Bundle" credits are not gift cards, vouchers, or stored value cards as defined under the Competition and Consumer Act 2010 (Cth). They are a specific prepayment for a scheduled service to be delivered within a defined billing cycle.

• Expiry: As these are service-specific prepayments, they expire strictly 30 days after purchase.
• Forfeiture: Any credit not used within this 30-day window is forfeited and cannot be reinstated, refunded, or converted to cash, except where required by law.

5. USER ACCOUNTS, CONDUCT, AND SECURITY

5.1. Account Confidentiality:

You are solely responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized access.

5.2. Prohibited Conduct:

You must not:

• (a) Record any session by any means, including screen-recording software, external cameras, or audio devices (this is a material breach);
• (b) Use the Platform for any unlawful, harassing, or defamatory purpose;
• (c) Circumvention: Request or provide contact details (phone numbers, social media handles, email) to another User for the purpose of paying for services outside of the Careness Platform ("Off-Platform Booking");
• (d) Use any automated system (bots, scrapers) to access Platform data.

5.3. Peer-to-Peer (P2P) Acknowledgement:

You acknowledge that video sessions utilize WebRTC technology. This creates a direct connection between your device and the Advisor's device. While this enhances privacy, Careness is not responsible for data interceptions occurring at the "end-points" (the individual devices).

6. USER ACCOUNTS, CONDUCT & SAFETY

6.1. Account Confidentiality:

You are solely responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized access.

6.2. Zero Tolerance Policy:

Careness maintains a strict Zero Tolerance policy for:

• Harassment, bullying, or abusive language.
• Sexual advances, solicitation, or inappropriate conduct.
• Discrimination based on race, gender, sexuality, or religion.

Violation of this policy will result in immediate account termination without refund and permanent banning.

6.3. Prohibition on Recording:

• Video Privacy: Video sessions utilise WebRTC (Peer-to-Peer) technology. Video streams generally do not pass through our servers and are not recorded by Careness. This technology creates a direct connection between the devices of the two users present in a video session. While this enhances privacy, Careness is not responsible for data interceptions occurring at the "end-points" (the individual devices).
• User Ban: You are strictly prohibited from using screen-recording software, external cameras, or audio recorders to capture sessions. Protecting the privacy of both the Seeker and the Student Advisor is paramount.

6.4. Prohibited Conduct:

You must not:

• (a) Record, screenshot, or distribute audio/video content of any session (this is a material breach);
• (b) Use the Platform for any unlawful, harassing, or defamatory purpose;
• (c) Attempt to "bypass" the Platform to pay an Advisor directly;
• (d) Use any automated system (bots, scrapers) to access Platform data.
• (e) Use the platform to send malicious code, unsolicited advertisements, or content that is harassing, vulgar, or promotes self-harm.

7. LIABILITY AND INDEMNITY

7.1. Limitation of Liability:

To the maximum extent permitted by law:

• Careness is not liable for the advice, conduct, or omissions of any Advisor. The relationship is directly between the Seeker and the Advisor.
• Careness is not liable for any indirect, special, or consequential loss (including loss of data, emotional distress, or personal injury) arising from your use of the Platform.
• Our total aggregate liability for any claim is strictly limited to the total amount of fees paid by you to Careness in the six (6) months preceding the claim.

7.2. Indemnity:

You agree to indemnify, defend, and hold harmless Careness, its directors, officers, and employees from any claims, damages, liabilities, and expenses (including legal fees) arising from: your breach of this Agreement; your violation of any law or the rights of a third party (including an Advisor); and any allegation that information you submitted caused harm to a third party.

8. INTELLECTUAL PROPERTY AND CONTENT LICENSES

8.1. Platform Ownership:

Careness retains all right, title, and interest in and to the Platform, including software, design, logos, and "matching" algorithms.

8.2. User Content License:

You grant Careness a non-exclusive, royalty-free, perpetual license to use, host, and store the information provided in your onboarding questionnaire and messages solely for the purpose of providing the Services and in accordance with our Privacy Policy.

8.3. Restrictions:

You must not decompile, reverse engineer, or attempt to derive the source code of the Platform.

9. AUSTRALIAN CONSUMER LAW AND LIMITATIONS OF LIABILITY

9.1. Consumer Guarantees:

Our services come with guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth). Nothing in this Agreement purports to modify or exclude those statutory rights.

9.2. Limitation:

To the extent permitted by law, the Platform's liability for a breach of a non-excludable condition is limited to the resupply of the services or the refund of the fees paid for the specific session giving rise to the claim.

9.3. Total Cap:

In no event shall Careness' total aggregate liability exceed the total amount of fees paid by you to the Platform in the six (6) months preceding the event giving rise to the claim.

9.4. Indirect Loss:

The Company is not liable for any consequential, indirect, or special loss, including but not limited to emotional distress, loss of opportunity, or loss of data.

10. PRIVACY AND DATA PROTECTION

10.1. Sensitive Health Data:

By completing the Questionnaires (Onboarding), you provide explicit consent for Careness to collect and process Sensitive Information (as defined in the Privacy Act 1988 Cth), including trauma history and coping mechanisms. This data is used solely for the matching algorithm and service delivery. We strictly do not sell your health data to third parties.

10.2. Data Retention:

We retain your account data for as long as your account is active or as needed to comply with legal obligations. You may request deletion of your account and data by contacting support.

11. DISPUTE RESOLUTION

11.1. Process:

In the event of a dispute between you and Careness, or you and another user:

1. Informal: You agree to contact us at carenessplatform@gmail.com and attempt to resolve the issue informally for 30 days.
2. Mediation: If unresolved, parties agree to attend non-binding mediation at the Australian Disputes Centre (NSW) before commencing litigation.
3. Jurisdiction: These terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of NSW.

12. TERMINATION AND SUSPENSION

12.1. By Careness:

We reserve the right to suspend or terminate your account immediately and without notice if we suspect a breach of these Terms, illegal activity, or if your conduct poses a safety risk to other users.

12.2. By User:

You may terminate your account at any time by contacting us at carenessplatform@gmail.com. Termination does not entitle you to a refund of pre-paid Monthly Bundles.

12.3. Moderation and Content Removal:

Careness reserves the absolute right, at its sole discretion, to remove any profile, review, message, or content posted by a User or Advisor that we deem inappropriate, defamatory, or harmful to the reputation of the Platform, without prior notice or liability.

13. THIRD-PARTY CONTENT AND LINKS

The Platform may contain links to third-party websites (e.g., mental health resources). Careness does not endorse, verify, or monitor these sites and is not responsible for their content or privacy practices.

14. ELECTRONIC COMMUNICATIONS AND REMOTE SERVICES

14.1. Consent:

You consent to receive all communications (booking confirmations, reminders, and legal updates) electronically via the email or phone number provided.

14.2. Opt-out:

You may opt out of marketing emails, but you acknowledge that certain "transactional" emails (like billing receipts or security alerts) are mandatory for continued use of the platform.

14.3. Nature of Remote Support:

You acknowledge that remote advisory has limitations compared to in-person support (e.g., inability to see full body language).

14.4. Technical Requirements and Safety:

You are responsible for ensuring a private, quiet space and a stable internet connection for sessions. You acknowledge that no internet transmission is 100% secure.

15. GENERAL PROVISIONS

15.1. Right to Modify:

We reserve the right to modify these terms at any time. Significant changes will be notified via email. Continued use of the platform constitutes acceptance. The "Last Updated" date at the top will indicate when changes were made.

15.2. Severability:

If any provision of this Agreement is found to be unenforceable, that provision is severed, and the remainder of the Agreement continues in full force.

15.3. International Users:

While the Platform is accessible globally, it is operated from Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for compliance with your local laws.

15.4. Force Majeure:

Careness is not liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including internet outages, cyber-attacks, or acts of God.

15.5. Entire Agreement:

This Agreement, alongside the Privacy Policy, constitutes the entire understanding between you and Careness.

15.6. Electronic Communications:

You consent to receive all notices, disclosures, and agreements from us electronically via the email address associated with your account.

15.7. Interpretation and Headings:

The paragraph headings in this Agreement are included solely for the sake of convenience and will not be applied in the interpretation or construction of this Agreement.

16. REFERRAL PROGRAM

16.1. Explanation:

Careness operates a referral program (the Referral Program) that permits eligible Seekers and Advisors to earn referral rewards when a new User registers on the Platform using the referrer's unique referral link or code (a Referred Seeker) and subsequently makes qualifying payments for sessions. Participation in the Referral Program is subject to these Terms and any additional rules or eligibility criteria published by Careness.

16.2. Reward Structure

• (a) Eligible Payments: A referrer is eligible to receive referral credit for up to four (4) paid sessions purchased and completed by each Referred Seeker. Only payments that are successfully captured and not later refunded, reversed, or charged back qualify for referral credit.
• (b) Calculation: Referral rewards will be calculated in accordance with the rates and rules displayed on the Platform at the time the Referred Seeker's payment is captured. Careness may deduct platform fees, taxes, and currency conversion costs where applicable prior to crediting any reward.
• (c) Per‑User Limit: The maximum number of sessions that may generate referral credit for a single Referred Seeker is four (4). No further referral rewards will accrue from that Referred Seeker after this limit is reached.

16.3. Crediting and Payouts

• (a) Timing of Credit: Referral rewards will be credited to the referrer's Platform account balance only after the corresponding payment by the Referred Seeker has been captured and any applicable refund or dispute period has expired. Careness may delay crediting where necessary to investigate suspected fraud or to comply with legal or regulatory obligations.
• (b) Payout Method: Credited referral balances are payable in accordance with the Platform's payout policies and schedules and are subject to any identity verification, tax documentation, or KYC requirements. Careness reserves the right to withhold, offset, or deduct referral credits against refunds, chargebacks, fees, or other amounts owed by the referrer to Careness.
• (c) Non‑Transferability: Unless otherwise stated on the Platform, referral credits are non‑transferable and may only be used or withdrawn in accordance with the Platform's payout procedures.
• (d) Right of Clawback: You agree that if a Referred Seeker requests a refund or initiates a chargeback after you have already withdrawn your referral reward, that amount becomes a debt owed by you to Careness. We reserve the right to deduct this amount from any future earnings, referral credits, or to invoice you directly for reimbursement.

16.4. Conditions and Disqualification

• (a) Refunds and Chargebacks: If a payment that generated a referral reward is refunded, reversed, or charged back, Careness may deduct the corresponding referral credit from the referrer's account balance or require repayment.
• (b) Fraud and Abuse: Careness reserves the right to withhold, reverse, or refuse referral credits where Careness reasonably suspects fraud, abuse, manipulation of the Referral Program, or attempts to circumvent these Terms (including but not limited to creating multiple accounts, self‑referrals, collusion, or other deceptive practices).
• (c) Eligibility: Referrers must be in good standing and must comply with all onboarding, identity verification, and tax requirements. Careness may require additional information before paying out referral rewards and may disqualify any User who fails to provide such information.

16.5. Taxes and Reporting

16.5.1. Referral rewards may constitute taxable income. Referrers are solely responsible for reporting and paying any taxes, duties, levies, or other governmental charges arising from referral rewards. Referrers are classified as independent contractors or freelancers and are not employees, agents, or representatives of Careness; Careness does not withhold taxes on behalf of referrers and has no responsibility for the payment of any taxes, social security contributions, superannuation, or similar obligations of referrers. Careness is not liable for and will not pay any Superannuation Guarantee contributions, workers' compensation insurance, or payroll tax on your referral earnings. You are solely responsible for your own Superannuation compliance.

16.5.2. Careness may, where required by law, collect tax information, issue tax forms, or report payments to tax authorities; such collection or reporting does not create any employment relationship and does not relieve the referrer of their independent tax obligations. Referrers agree to indemnify and hold harmless Careness from any claims, liabilities, penalties, or expenses (including reasonable legal fees) arising from the referrer's failure to report or pay taxes or other governmental charges related to referral rewards.

16.6. Modification and Termination

(a) Changes. Careness may modify, suspend, or terminate the Referral Program, or change the reward structure, eligibility criteria, or payout procedures at any time, with or without notice, subject to applicable law.

(b) Recovery. Careness may recover any improperly awarded credits and may disqualify any User from participation in the Referral Program if the User violates these Terms or engages in conduct that undermines the integrity of the Program.

16.7. Relationship and No Guarantee

Participation in the Referral Program does not create any employment, partnership, or agency relationship between the referrer and Careness. Careness makes no guarantee of earnings and disclaims any liability for the actions or omissions of Referred Seekers.

16.8. Disputes

Any dispute relating to referral credits will be handled in accordance with Section 11 (Dispute Resolution). Careness' records regarding referral links, registrations, payments, and credits shall be conclusive and binding absent manifest error.

16.9. Indemnity:

You agree to indemnify Careness against any claims, liabilities, or penalties (including legal costs) arising from your failure to comply with your tax or Superannuation obligations related to referral rewards.

17. SURVIVAL

To clear any doubt, all clauses regarding the nature of the service (Section 2), limitation of liabilities and indemnification (Section 7), and dispute resolution (Section 11) shall survive the termination or expiration of this Agreement and continue to bind both the User and the Platform.

CONTACT US

For questions regarding these Terms, please contact: carenessplatform@gmail.com