Terms of use.

Mirror Pty Ltd

Terms of Service: General Terms

Definitions and Interpretation

Agreements means the client’s acceptance of these Terms and Conditions.

Client means the person requesting, accepting and engaging in services provided by the website, its Contractors, owners, Directors and employees.

Events means scheduled appointments with the providers of the services on the website.

My Mirror means Mirror Pty Ltd ACN 635 629 364 of Level 1, 160 Stirling Highway, Nedlands, Western Australia

My Mirror Platform / Website means any online platform or internet website through which the services are provided to the client being comprised within the domain www.mymirror.com.au or as may be changed or updated from time to time.

Service Providers means Registered Medical Professionals including but not limited to Psychologists, Counsellors, General Practitioners or Psychiatrists providing Services to Clients via either video conferencing, phone or through the website.

Services means the provision of telehealth services through either video conferencing, phone or through the website.

Gap refers to out of pocket cost or the difference between the amount a practitioner charges for a medical service and what Medicare and any private health insurer pays. This cost is non-refundable.

Third Party Consent means consent given to Third Parties by the client for the use of Third-Party Consent associated with the services under this Website.

When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the website (the “Company”).

1. The Terms and Conditions

The following are the general Terms and Conditions (the “Agreement”) which govern your access and use of our telehealth services. The services may be provided to you via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website MyMirror and its related apps.

By accessing or using our online services, you are entering into this Agreement. You should read this Agreement carefully before starting to use the online services. If you do not agree to be bound to any term of this Agreement, you must not access the services.

2. Telehealth Services

These online services may be used to connect you with a Service Provider who will provide services to you.

We require every Service Provider providing telehealth services to be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Practitioners must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.

Our Service Providers are independent service providers who are neither our employees, nor agents, nor representatives. Our telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Service Providers who provide them. If you feel the Services provided to you do not fit your needs or expectations, you may change to a different Service Provider who provides services through Mirror.

While we hope the Services are beneficial to you, you understand, agree and acknowledge that these services may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers.

We reserve the right to restrict or terminate your service based on clinical governance requirements and ethical standards that may be impacted by dual relationships with other practitioners.

By agreeing to these Terms & Conditions you hereby acknowledge that the Services provided by the website do not constitute a replacement for in-person care from Doctors or other medical professionals, especially in circumstances of medical or mental health emergencies and crises. In the event of such emergencies, please call triple zero (000) immediately.

3. Client Rights

At My Mirror, we are committed to upholding the rights of our clients, ensuring a safe, respectful, and empowering experience. In alignment with the Australian Charter of Healthcare Rights, our clients can expect:

Access: Equitable access to quality mental health services, regardless of background or location.
Safety: A secure and reliable environment that prioritises your safety and data security.
Respect: Culturally sensitive, compassionate care that respects your individuality and preferences.
Partnership: Active involvement in your care decisions, with your feedback guiding our services.
Information: Clear, accurate information about treatment options to support informed choices.
Privacy: Confidential handling of personal information, with data protection as a top priority.
Participation: Opportunities to provide feedback and participate in service improvements, helping shape the future of care at My Mirror.

We are dedicated to respecting these rights as part of our commitment to high-quality, client-centered mental health support.

Feedback and Participation

We value our clients' voices and invite you to share feedback on your experience with My Mirror. Your input helps us improve our services and tailor our offerings to better meet your needs. For more information on your rights as a client.

Transparency in Information

My Mirror is committed to providing clear and accessible information to help you make informed choices about your care. We ensure that you have the resources needed to understand your treatment options, data privacy, and rights as a client. If you have questions about your treatment or our practices, please reach out to our support team for assistance.

4. Pricing of Consultations & Billing Policy

The price of all services provided on the My Mirror platform are subject to pricing schedules reasonably determined by the Company and the Company reserves the right to reasonably set and amend the fees chargeable for services rendered on the platform from time to time in a manner consistent with internal management of the Company and Platform. The prices charged by the Company for the services provided by the Platform are informed in part by the costs associated with the Company’s running and maintenance of the Platform and overhead expenses associated with the Platform. All pricing figures provided on the website are in Australian Dollars ($AUD)

The billing policies of the Company for the services provided on the Platform are informed by the guidelines set by the Australian Medical Association (‘AMA’) and price increases or adjustments that are made from time to time by the Company are made according to CPI.

All reasonable steps will be taken by the Company to ensure that you, the client of the services provided on the Platform will be notified of the pricing schedule and any changes thereof made by the Company to the prices in the schedule.

Payment for the services provided to you on the Platform will be taken from the Direct Debit/Credit Card information provided to the Platform at the time of registration for the Platform. Payment for the services received by you are required by no later than the day upon which the service is received by you. You confirm and agree to use only Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

5. Discounts/Late Payments

The Company may, in its sole discretion, issue to clients from time to time discount codes to be applied towards the cost of future services provided by the Platform including but not limited to as a result of early payments for previous services. You agree that all such discounts and associated discount codes are for personal use by you only and must not be assigned, transferred, exchanged or used in any other way except by you for services available through the Platform. You agree to keep the use and issue of all discounts and discount codes confidential.

The Platform’s policy for charges in relation to late payments is outlined in our Cancellation/Late Payment Policy.

6. Refunds

Cancelled appointments will be handled in accordance with our Cancellation/Late Payment Policy .

Upon successful completion by you of a performance feedback survey, the substance of which satisfactorily proving to Mirror that the services received by you were unsatisfactory, Mirror will process a refund to you for part or all of the cost of the session in accordance with the charge back provisions to which the Service Providers on the Mirror Platform are the subject of in the provision of their services to Mirror.

The decision to grant or refuse refunds of the costs of any services provided by Mirror will be made at the sole discretion of Mirror.

7. Government Rebates

If you are eligible for Government/Medicare Rebates for services provided by Mirror, you can process your claim directly via Medicare after you receive your session invoice. We make no warranties and provide no guarantees as to the accuracy, timing or success of rebate applications you process and by agreeing to these Terms of Service you are hereby indemnifying Mirror and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.

In order to claim Medicare rebates for psychological services, you will need a valid referral from a GP. Please refer to the Medicare website to determine whether you are eligible for Medicare rebates.

Bulk-billed consultations remain subject to the Mirror Pty Ltd Cancellation /late Policy and participants will be required to pay any amounts specified in the Cancellation Policy in the event of cancellations given less than 48 hours before the event

8. Privacy and Security

By agreeing to these Terms & Conditions, you are also agreeing to the terms of our Privacy Policy which can be found on this website.

9. Third Party Content

The website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these terms and conditions you agree to indemnify MyMirror and associated companies and directors against any damage or loss caused by any Third Party Content.

10. Disclaimer of Warranty and Limitation of Liability

You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from any Services received via video conferencing, phone or through the website, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Service Provider and/or any other content or information accessible through the website.

You understand, agree and acknowledge that the website, the Company and all associated directors and operators provide absolutely no warranties (express or implied) including but not limited as to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the website is at your own risk.

You understand, agree and acknowledge to indemnify and keep indemnified the website and the Company against any indirect, incidental, consequential, special, punitive or exemplary damages.

This section (limitation of liability) shall not merge on the termination or expiration of this Agreement.

11. Disclaimer and Copyright

This publication was produced by Mirror Pty Ltd as a resource to guide and inform our readers and/or clients (including those with and without mental disorders). The information provided does not and cannot replace clinical judgment and decision making. Although every care and reasonable effort has been made to ensure the accuracy of the information, no guarantee can be given that the information is free from error or omission. Mirror Pty Ltd, its employees, contractors and psychologists, will accept no liability for any act or omission occurring from reliance on the information provided, or for the consequences of any such act or omission. Mirror Pty Ltd does not accept any liability for any injury, loss, or damage incurred by use of or reliance on information in this document. Such damages include, without limitation, damages that might be regarded as direct, indirect, special, incidental, or consequential. Any reproduction of this material must acknowledge Mirror Pty Ltd as the source of selected passage(s), extract(s), or other information or material reproduced. For reproduction or publication beyond that permitted by the Copyright Act 1968 (Cth), permission should be sought in writing. Copyright © 2020 Mirror Pty Ltd.

12. Your account, representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.

You hereby confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge to indemnify the website and the Company against any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Website, including any Services, are for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.

You agree and commit not to make any use of the Website for the posting, sending or delivering of either of the following:

a. unsolicited email and/or advertisement or promotion of goods and services;

b. malicious software or code;

c. unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;

d. any content that infringes a third party right including intellectual property rights;

e. any content that may cause damage to a third party;

f. any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the website and your relationship with the website, company, or Service Providers.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:

g. your access to or use of the website;

h. any actions made with your account or Account Access whether by you or by someone else;

i. your violation of any of the provisions of this Agreement;

j. non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website;

k. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall not merge upon expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

13. Modifications, Termination, Interruption and Disruptions to the Website

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the website, any part of or use of the website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

14. Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the website, by Text to the Text number that we have on record, by Email to the email address that we have on record or via the client portal in the MyMirror platform. The date of receipt shall be deemed the date on which such notice is given.

15. Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Australia and those countries we deliver services to globally.

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Australian Court of Law. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

This agreement constitutes the entire agreement between you and us. You may not rely upon any promises or representations by us except as set forth in this agreement.

We may change this Agreement by posting modifications on the website. Unless otherwise specified by us, all modifications shall be effective upon posting. By using the website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the website and participation in its services.

We may freely transfer or assign this Agreement or any of its obligations hereunder.

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

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, that provision shall be severed from the rest of the Agreement and the remaining provisions of this Agreement will remain in full force and effect.

Mirror Pty Ltd

Terms of Service: Privacy Policy & Consent

Our Service Providers are bound by the privacy policies, rules and guidelines of their relevant professional association as well as applicable Australian laws and legislation. As part of the provision of Services to you, it will be necessary for us to collect, record and maintain personal information from you which is relevant to your personal contact details, medical history and any other information relevant to the services we provide you.

The terms of our Privacy and Consent Policy are drafted so as to ensure our compliance with State Privacy Laws (Health Records and Information Privacy Act 2002 NSW) and National privacy Laws and standards (Privacy Act 1998 Cth).

INFORMATION WE RETAIN

Your personal information is retained in order to document what happens during sessions and enables the Service Provider to provide a relevant and informed Service to you. When you first contact My Mirror (either by phone, email or through the My Mirror Online Platform), you will generally provide information like your name, phone number, address, Medicare and payment details. You may also provide some background information relating to your need for the  Services.  This information is held in our secure database and, if you proceed to make a booking, will be made available to your Service Provider.

If you are under 16 years of age, we will only permit you to use this Website and the Services if we receive the consent of your legal guardian and/or parent to you using this Website and the Services and agree to the Terms of Service on your behalf. We will keep all information you provide to us confidential and secure at all times. However, we may provide your confidential information to a third party in the following circumstances

if disclosure is required by Law or ordered by a court;
if we identify or are advised of an imminent threat of harm to yourself or another person;
if you (or your parent or legal guardian if you are under 16 years of age) have given express permission for us to discuss or provide your information to another person;
if disclosure of your personal information is to that third party (e.g your GP) for a purpose which is directly related to the primary purpose for which your personal information was collected (e.g., if you decide to change psychologists, your clinical file comprising notes of and information regarding your sessions will be shared with the new psychologist as part of your clinical file. Your clinical records are kept confidential and are accessible only to authorised individuals involved in your care).

USE OF INFORMATION

The personal information you or your legal guardian or parent provide to us is used to administer and manage the services provided to you by our Service Providers. Notwithstanding the best endeavours taken by Mirror Pty Ltd, no warranty is given as to the suitability of the Service Provider provided for your particular needs.

During the course of your treatment and from time to time, Mirror Pty Ltd may be required to share your confidential information with, or otherwise request confidential information from, third parties such as Registered Medical Professionals (including Psychologists, Counsellors, General Practitioners or Psychiatrists), who are also bound by confidentiality obligations. By agreeing to these Terms of Service in relation to Mirror’s Privacy Policy and Consent requirements, you authorise us to make such disclosures to third parties as required by law or as otherwise required to third parties involved in your treatment. We will endeavour to take all reasonable steps to ensure that your confidential information is handled with due care and provided in accordance with our confidentiality requirements and the confidentiality requirements of third parties.

INFORMATION RETAINED BY SERVICE PROVIDERS

All of the Service Providers providing their Services for Mirror Pty Ltd are independent practitioners and are not employed by us. However, they are all registered members of professional bodies which stipulate best practices for information management and the provision of Services.

Your Service Provider will gather additional information during the sessions you have together. Often, your Service Provider will make notes about your session, either during or immediately following your appointment. This information is used by your Service Provider to provide the best possible Service to you.

Your Service Provider is responsible to ensure that this information is securely held according to the confidentiality policies stipulated by their governing professional organisations, and in accordance with Australian privacy law.

ACCESSING YOUR PERSONAL INFORMATION

You are entitled to access the personal information we keep about you on file, subject to relevant exceptions in applicable legislation and under relevant laws. We kindly ask that you request your information in writing. Please contact our office for more information or to request access to your information.

COMPLAINTS

If you have any concerns about your privacy or the use or management of your personal information provided to us by email or phone, please feel free to contact us.

If you are concerned about the information which you provided to your Service Provider, please contact your Service Provider directly.

If you wish to lodge a formal complaint, you can do so by contacting the Privacy Commissioner on 1300 363 992.

Mirror Pty Ltd

Terms of Service: Cancellation Policy

Terms of Service: Cancellation Policy

Rationale

The reasons for our Cancellation and Late Attendance policy are to ensure that our services are provided equally and fairly to all of our clients who need them.

Unfortunately, if you do not show up for your appointment without giving adequate notice to us, you are taking away the opportunity for another of our clients to fill in your spot.

We understand that from time to time things can go wrong that are beyond the control of our clients and in such circumstances of emergencies and extenuating circumstances, we will endeavour to respond to your situation as quickly and fairly as possible, provided that you grant us as much notice as possible.

Policy

Participants are entitled to receive a refund for a cancellation under the following Policy

1. Cancellation by Mirror Pty Ltd - Mirror Pty Ltd reserves the right to cancel or re-schedule events or change venues or substitute Service Providers at its discretion. Generally, these possibilities would occur due to;

a. Unavailability or unforeseen circumstances, in which a full refund will be available should alternative dates offered for the event be unacceptable. Respective refunds will be processed within 30 days and will be issued by cheque or EFT.

b. In the case of the clients nominated payment method returning a failed payment for the completed session. In this circumstance the clients upcoming sessions will be cancelled and will be suspended from making new bookings until payment has been finalised.

2. Cancellation by client - The client is entitled to cancel a confirmed event booking under the following terms:

a. All requests for refunds for late cancellations must be made in writing.

b. Where cancellation requests are approved, the following terms apply:

(i) Cancellations given 48 hours or more prior to the event, no cancellation fee incurred.

 (ii) Cancellations given 24 – 48 hours prior to the event, a fee equal to 50% of the full session cost is required

(iii) Cancellations given less than 24 hours prior to the session, a fee equal to 75% of the full session cost is required

c. Whereby the client has not attended an enrolled booking (“no show”), a charge to the full session amount will be processed and no refund or transfers will be approved. 

d. Cancellation fees are not eligible for medicare rebate

3. Late Appointments

a. The client will be sent reminder messages by text message and/or by email in advance of their appointment.

b. In the event that the client is late to the enrolled appointment, the Service Provider will wait for ten (10) minutes before considering the appointment to have been forfeited by the client and the policy for Cancellations in subclause (2)(c) above will apply.

c. In the event that the client arrives for their appointment within the initial ten (10) minutes from the start of the appointment, the entire duration of the appointment will be shortened by the amount of time the client was late.

d. The Service Provider responsible for the appointment may, at their sole discretion, determine whether to wait for a period longer than ten (10) minutes from the start of the appointment and whether to run the session to its full duration.

The client agrees to indemnify and keep indemnified Mirror Pty Ltd and all of its associated Service Providers against all claims, loss, damage, injury, objections or litigation arising from cancellations made under these Terms & Conditions.

Mirror Pty Ltd

Terms of Service: Provision of Telehealth Services by a General Practitioner

Consent

You provide consent for a General Practitioner providing Services through Mirror to provide you with telehealth services. This can include the provision of mental health services and other General Practitioner services allowed under telehealth by regulating bodies as varied from time to time. You understand that telehealth services are not intended to replace face to face consultations and you agree to refer to a local General Practitioner when it is practical for you to do so.

Mirror Pty Ltd

Terms of Service: Matching Guarantee Offer

Offer

My Mirror offers a discount to Clients who wish to change psychologists after their 1st or 2nd session. The offer is subject to the following conditions:

Eligibility: The offer is only eligible for Clients who are eligible for a Medicare (MBS) rebate or for full fee-paying private Clients. Clients must have already completed their 1st or 2nd session with the initial psychologist before they can use the offer for the 2nd or 3rd sessions. The offer can only be used once per Client.
Discount:
- For Medicare (MBS) rebate eligible Clients, the session with the new psychologist will be bulk-billed.
- For private fee-paying Clients, there will be a $108.85 discount for the session provided as a discount code to apply at checkout.
Restrictions: The offer cannot be combined with any other offer. The offer is only valid for sessions with a psychologist that the Client has not previously seen. The offer cannot be used while actively under a in conjunction with any other partnership agreement or 3^rd party funding.
Cancellation and No-Show Policy: My Mirror’s standard cancellation policy is applicable to this Matching Guarantee Offer. If a Client fails to show up for their scheduled appointment, the offer will be void.
Redemption: For bulk-billed sessions, the offer must be redeemed against a valid MHCP. My Mirror reserves the right to verify the eligibility of the Client for the bulk-billed session.
Disclaimer: My Mirror reserves the right to modify or terminate the offer at any time, with or without notice. The offer is subject to availability and may be subject to change without notice.

By accepting the Matching Guarantee Offer, the Client agrees to the My Mirror Terms of Use.

Terms of Service: Gift of Support Offer

Offer

Mirror Pty Ltd is offering a gifted free consultation with a general registered psychologist to individuals valid for bookings made until the end of December (31.12.23) (“Offer”). Offer is non-refundable. This session private fee and not eligible for medicare rebates. The gifted session can only be redeemed through a valid "gift of support" gift card issued to the recipient or recipients nominee.

Eligibility: Offer is eligible for new or returning clients. The offer can only be used once per Client. Must be received via valid gift card issued to recipient or recipients nominee.
Restrictions: The offer cannot be combined with any other offer. The offer cannot be used while actively under a in conjunction with any other partnership agreement or 3^rd party funding.
Cancellation and No-Show Policy: My Mirror’s standard cancellation policy is applicable to this Offer. If a Client fails to show up for their scheduled appointment, the offer will be void.
Disclaimer: My Mirror reserves the right to modify or terminate the offer at any time, with or without notice. The offer is subject to availability and may be subject to change without notice.
By accepting the Gift of Support Offer, the Client agrees to the My Mirror Terms of Use.

Terms of Service: Workers Compensation Terms

TERMS & CONDITIONS - 1

1.1 By issuing the Purchase Order to MIRROR, the Customer accepts these Terms & Conditions.

1.2 These Terms & Conditions constitute the entire agreement between MIRROR and the Customer.

1.3 The Contract between the Customer and MIRROR comprises the following, and to the extent of any inconsistency or ambiguity the descending order of precedence is:

(a) the Particulars;

(b) these Terms and Conditions;

(d) the Purchase Order and any other document that the Parties expressly agree in writing will form part of this Contract and, if contrary to any other part of this Contract, is expressly agreed in writing to replace or otherwise operate to counteract any particular part of these Conditions.

1.4 The Customer engages MIRROR to facilitate the provision of the Services provided by the Service Providers in accordance with these Terms and Conditions

PERFORMANCE OF THE SERVICES - 2

2.1 MIRROR will commence the provision of the Services in accordance with these Terms & Conditions.

2.2 MIRROR’s ability to provide the Services will be subject to the availability of the Service Providers.

2.3 MIRROR will use its reasonable endeavours to perform the Services:

(a) with due care, skill, judgment and diligence, having regard to the nature of the Services;

(b) in compliance with all applicable Laws and the requirements of the relevant authorities;

(d) by providing Service Providers who are suitably qualified, skilled and experienced.

2.4 Subject to the terms of this Contract, MIRROR will, in the performance of the Services:

(a) work with the Customer and the Customer’s Personnel in an efficient and coordinated manner;

(b) use all reasonable endeavours to overcome any delays (howsoever caused) in performing the Services;

THE CUSTOMER’S OBLIGATIONS - 3

3.1 The Customer must pay MIRROR the Fees in accordance with clause 7.

3.2 The Customer must indemnify MIRROR and keep MIRROR indemnified for all consequences of any failure by the Customer or the Customer’s Personnel to comply with clause 3.1.

MIRROR’S REPRESENTATIVE - 4

4.1 MIRROR will appoint, and may replace, an employee or officer as MIRROR’s Representative to oversee the performance of the Services with responsibilities including:

(a) providing reports and information to, and answering queries from, the Customer in respect of this Contract;

(b) attending meetings relating to this Contract;

(d) being available at all times to respond to requests and communications from the Customer and any relevant Authority.

4.2 MIRROR is responsible for all acts and omissions of MIRROR’s Representative under this Contract.

4.3 Any direction given by the Customer in relation to this Contract or the performance of the Services must be given to MIRROR’s Representative.

THE CUSTOMER’S REPRESENTATIVE - 5

5.1 The Customer must appoint, and may replace, an employee or officer as the Customer’s Representative to oversee the provision of the Services with responsibilities including:

(a) providing reports and information to, and answering queries from, MIRROR in respect of this Contract;

(b) attending meetings relating to this Contract;

(d) being available at all times to respond to requests and communications from MIRROR and any relevant Authority.

5.2 The Customer is responsible for all acts and omissions of the Customer’s Representative under this Contract.

5.3 Unless this Contract expressly provides otherwise, any consent or approval required by MIRROR may be obtained from the Customer’s Representative.

VARIATIONS - 6

6.1 Subject to clause 6.2, the Customer may by notice request MIRROR to alter, amend, omit, add to, re-sequence, re-schedule or otherwise vary any of the Services.

6.2 Within a reasonable time of receipt of the Customer’s request to vary the Services, MIRROR will advise the Customer whether MIRROR accepts the variation. No variation to this Contract will be binding on MIRROR unless MIRROR has expressly agreed in writing to the variation.

6.3 MIRROR may submit to the Customer an increase in the Fees as a result of, but not limited to:

(a) variations to this Contract requested by the Customer under clause 6.1 and agreed by MIRROR under clause 6.2;

(b) the Customer’s failure to comply with any of the Customer’s obligations under clauses 3;

(d) any other Schedule of Rates or similar document forming part of the Particulars.

6.4 MIRROR will endeavor to provide the Customer with a reasonable estimate of any increase or decrease to the Fees for any variations to this Contract.

6.5 If MIRROR does not agree with the Customer any change to the Fees prior to any variation to this Contract or within 7 days after the variation takes effect, then MIRROR will determine a fair and reasonable valuation of the variation to be payable by the Customer.

FEES & INVOICING - 7

7.1 In consideration of MIRROR agreeing to provide the Services, the Customer must pay MIRROR the Fees in accordance with the Schedule of Rates and this clause 7.

7.2 At the completion of the Services or at periodically specified intervals, MIRROR shall invoice the Customer. If no period is specified, MIRROR shall invoice the Customer at the end of each month.

7.3 Within 7 days of receipt of the invoice, the Customer shall provide MIRROR the details of any claimed errors or omissions in the invoice. If no dispute is raised, the Customer is deemed to have accepted the invoice.

7.4 The Customer must pay MIRROR the amount set out in an invoice within 14 days of receipt of the invoice.

7.5 If the Customer disputes any amounts, the Customer must:

(a) pay the undisputed portion in accordance with clause 7.4; and

(b) within 7 days after receipt of the invoice, provide MIRROR notification of any disputed amount and the reason for the dispute.

Subject to clause 7.3, the parties agree that payment of the disputed amount will be withheld until settlement of the dispute.

7.6 If the Customer fails to pay the Fees or any other payment under this Contract on or before the due date for payment, the Customer must, without prejudice to any other remedy, pay to MIRROR on written demand interest on the amount due:

(a) calculated at the rate equal to the Specified Rate;

(b) accruing daily from the due date to the actual payment date; and

capitalised monthly.

7.7 Any payment of Fees or other payments due by the Customer under this Contract must be made free and clear of any deductions or withholding, including set-off or counterclaim, except where that deduction or withholding is required or compelled by law.

CONFIDENTIALITY - 8

8.1 Each Party undertakes that it will not, and procure that its Personnel do not, directly or indirectly at any time during the term of this Contract or after the termination or expiry of this Contract (except in the proper course of performing its obligations under this Contract) use or disclose to any person any confidential information of or relating to the other Party which at any time is within its knowledge, possession or control including, but not limited to, the terms of this Contract.

8.2 Nothing in clause 8.1 prohibits disclosure of information of a Party which is:

(a) to any person in connection with the exercise of rights or a dealing with rights or obligations under this Contract;

(b) in the public domain other than through a breach of this clause 8 or wrongful act by other Party or any of its Personnel;

(c) obtained by a third party provided that it was not acquired directly or indirectly by that third party from any Party or any of its Personnel;

(d) required to be disclosed by Law or any Authority having authority over a Party; or

made with the prior written consent of the Party.

8.3 The obligations of this clause 8 survive the termination of this Contract.

INTELLECTUAL PROPERTY - 9

9.1 All intellectual property in any of MIRROR’s pre-existing materials or in any way related to the Services must remain MIRROR’s property without any license granted to the Customer to use it being implied except to the extent required to perform obligations under the Contract.

9.2 Intellectual property created by MIRROR or on MIRROR’s behalf in the provision of the Services and performance of the Contract, is and will remain MIRROR’s property.

9.2 The Customer must keep secret and confidential and not use or disclose to any third party, without MIRROR’s prior written consent, any of the intellectual property described above.

CONSEQUENTIAL LOSS, LIABILITY AND INDEMNITY - 10

10.1 Neither party shall be liable to the other party for any indirect or consequential loss or damage suffered or incurred by the other in connection with the performance of the Services under this Agreement. With the exception of the provisions of clause 11.2, the parties’ aggregate liability to each other in connection with the performance of the Services under this Agreement shall be limited to the performance of the obligations in this Agreement including the performance of the Services, or re-performance of the Services.

10.2 MIRROR shall not be liable for any injury, damage or loss sustained by the Customer or the Customer’s employees, agents or subcontractors in performing the Services and the Customer must continually indemnify MIRROR and MIRROR’s officers, agents and contractors (the “Indemnified Persons”) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or cost (including legal costs on a full indemnity basis) that MIRROR incurs or suffers arising directly or indirectly by:

(a) the performance or non-performance of this Agreement;

(b) the presence of the Customer, its employees, agents or sub-contractors on or about the places where the Services are performed;

(d) including where the injury, death, damage, destruction or loss is the result of the negligence of the Indemnified Persons.

10.3 Subject to clauses 11.1 and 11.2, in all circumstances, MIRROR’s total Liability to the Customer in relation to any cause of action under or in connection with this Contract, the provision of Services (including breach of contract and negligence) is, to the extent permitted by Law, limited to $10,000 (excluding GST).

CERTIFICATES - 11

11.1 MIRROR may give the Customer a certificate specifying the amount due and payable or other matter under or in connection with this Contract as at any date. The certificate constitutes conclusive evidence of the amount or matter, unless it is proved to be incorrect.

SEVERABILITY - 12

12.1 Any provision in this Contract which is invalid or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent only of such invalidity or unenforceability and will not invalidate the remaining provisions of this Contract.

SURVIVAL - 13

13.1 Any indemnity or any obligation of confidence under this Contract is independent and survives termination or expiry of this Contract. Any other term by its nature intended to survive termination or expiry of this Contract survives termination or expiry of this Contract.

DEFINITION AND INTERPRETATION - 14

14.1 In this Contract, unless the contrary intention appears:

Clients means the individuals referred to in the Particulars (or otherwise) by the Customer to receive the Services.

Consequential Loss means all indirect and consequential loss, whether in contract, tort (including negligence), under statute or otherwise and without limiting the generality of the foregoing include loss of profits, revenue and anticipated or expected profits or revenue, business interruption, loss of market share, loss of business opportunity, borrowing costs, damage to reputation or credit rating, increased overhead or holding costs, economic loss of any other kind and any loss suffered as a result of any claim or claims of third parties.

Contract means the contract between MIRROR and the Customer for the supply of Services in accordance with these Terms & Conditions.

Customer means the party named in the Particulars as the client or customer or, if no client or customer is named, the party who requests MIRROR to provide the Services provided that where the party who requests MIRROR to provide the Services is a person, and that person made the request as an employee of the entity, then that entity.

Events means scheduled appointments with the Service Providers providing the Services on the Website.

Fees means the fees payable by the Customer to MIRROR as set out in the Schedule of Rates, as varied or adjusted in accordance with this Contract. All Fees are quoted and payable in Australian Dollars.

Goods means the goods specified in the Quotation, if any.

GST means a goods and services tax or any similar tax which is imposed in Australia and has effect during the term of this Contract.

Law means any statute, decree, convention, act, circular, rule, regulation, subordinate legislation, bylaw, judgment, common law, equity, ruling by any Authority whether now or at any time in future in effect.

Liability means any liability or obligation (whether actual, contingent or prospective), including for any Loss irrespective of when the acts, circumstances, events or matters giving rise to the liability occurs.

Loss means all damage, loss, cost, claim, liability, obligation or expense, including legal costs and expenses of any kind.

MIRROR means Mirror Pty Ltd Pty Ltd (ABN 60 635 629 364), the owner of all intellectual property and services provided on the website.

My Mirror means the name of the website and incorporates the owners and operators of the website.

Order means the Customer’s offer to purchase Services in accordance with these Terms and Conditions.

Particulars means any schedule of specifications for the Services accompanying, forming part of the Purchase Order.

Parties means the parties in this Contract as specified in the Particulars.

Personnel in respect of a Party, means the Party’s directors, officers, employees, consultants, agents, affiliates, contractors and subcontractors.

Purchase Order means the Customer’s offer to purchase Services in accordance with these Terms and Conditions and includes any direction from the Customer to MIRROR to provide the services whether by completing the online Purchase Order or otherwise providing MIRROR with the direction to provide the Services.

Schedule of Rates means the agreed pricing schedule between the Customer and MIRROR or where none are specified the published gazette rates for Workers Compensation as applicable to each state. Where there is neither an agreed pricing schedule or published gazette rates, the pricing will default to MIRROR’s standard pricing structure available on the MIRROR website.

Services means the provision of telehealth psychology services by the Service Providers through either video conferencing, phone or through the website.

Service Providers means Registered Psychologists providing Services to Clients via either video conferencing, phone or through the website.

Specified Rate means the interest rate specified in the Particulars as the Specified Rate and if not specified in the Particulars then means an interest rate equal to 4% above the Cash Rate Target set by the Reserve Bank of Australia.

Terms and Conditions means:

these Terms and Conditions

(a) the Mirror Pty Ltd Terms of Service available at https://www.myMirror.com.au/terms

(b) any terms, conditions, scope or commercial clarifications provided in the Particulars.

Third Party Consent means consent given to Third Parties by the client for the use of Third-Party Consent associated with the Services.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

My Mirror (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”) through AutopilotHQ, Inc. (“Autopilot”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@mymirror.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:

* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); an

* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

DISPUTE RESOLUTION - ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 160 Stirling Hwy, Nedlands WA 6009, Australia before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which My Mirror’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.