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1. About the Website

1.1 Welcome to www.perfectlyimperfect.net.au (the 'Website'). The Website provides an opportunity to browse the site, and the services offered by Perfectly Imperfect as well as make bookings for the services (the 'Services').​

 

1.2 The Website is operated by Perfectly Imperfect Pty Ltd (ABN: 52639478470). Access to and use of the Website, or any of its associated Services, is provided by Perfectly Imperfect. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

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

2. Acceptance of the Terms

2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Perfectly Imperfect in the user interface.

3. Bookings

3.1 Perfectly Imperfect takes bookings for initial appointments for services for new clients via our administration team or via Halaxy (the ‘Booking System’).


3.2 If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.


3.3 A 100% deposit of the service fee (the ‘Deposit’) must be paid at the time of booking your initial appointment if you book via the Booking System.


3.4 You are responsible for paying the fee for each appointment (the ‘Fee’) at the time of each appointment. Perfectly Imperfect will process your credit or debit card held on file on the day of your appointment, or, will issue you with an Invoice for the Fee. You agree to pay the Fee by the due date and the method prescribed on the Invoice.


3.5 You will be unable to book further appointments if the Fee is not paid in full.


3.6 Perfectly Imperfect reserves the right to request payment of the Fee prior to the appointment.

3.7 Perfectly Imperfect will provide you with a separate set of terms and conditions that will set out the terms for the services you receive

4. Cancellation

4.1 If you need to cancel your appointment you agree to provide at least 24 hours’ notice to cancel or reschedule an appointment. 

4.2 Short-notice cancellations of less than 24 hours, and ‘no shows’, will result in you being charged a cancellation fee of 100% of the appointment fee.

4.3 If you have booked a video appointment, but you do not login at the time of your consultation, Perfectly Imperfect will make two attempts to contact you by phone or text message in the first 15 minutes of your appointment. If Perfectly Imperfect are unable to reach you in this time, Perfectly Imperfect will consider this a ‘no show’ and charge you for the cancelled appointment.

5. Copyright and Intellectual Property

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

5.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Perfectly Imperfect, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

          (a) use the Website pursuant to the Terms;

          (b) copy and store the Website and the material contained in the Website in your device's cache memory; and

          (c) print pages from the Website for your own personal and non-commercial use.

 

5.3 Perfectly Imperfect does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Perfectly Imperfect.

5.4 Perfectly Imperfect retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

          (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

          (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

          (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

5.5 You may not, without the prior written permission of Perfectly Imperfect and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

6. Privacy

6.1 Perfectly Imperfect takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Perfectly Imperfects' Privacy Policy, which is available on the Website.

7. User Generated Content

7.1 If you choose to contribute any content to the Website or any other platform operated by Perfectly Imperfect, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

7.2 By contributing content to the Website, you grant Perfectly Imperfect a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Perfectly Imperfect.

7.3 Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Perfectly Imperfect can use that information with your User Content for advertising and promotional purposes, or any other business purpose.

7.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Perfectly Imperfect social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Perfectly Imperfect. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

7.5 Please ensure you keep your own copies of Your Content as Perfectly Imperfect may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

7.6 Perfectly Imperfect will endeavour to provide you with an appropriate credit when using Your Content on Perfectly Imperfect platforms, though you understand and agree this may not always be possible.

7.7 Perfectly Imperfect reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

8. Mailing List and SMS List Registration

8.1 You will be given the option to register for the Perfectly Imperfect Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’)

8.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

          (a) Email address

          (b) Name and address

          (c) Mobile telephone number

 

8.3 If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Perfectly Imperfect.

9. General Disclaimer

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

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

          (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

          (a) Perfectly Imperfect will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Perfectly Imperfect make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Perfectly Imperfect) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

          (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

          (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

        (c) costs incurred as a result of you using the Website, the Services or any of the products of Perfectly Imperfect; and

        (d) the Services or operation in respect to links which are provided for your convenience.

10. Warranty

10.1 The Services do come with guarantees that cannot be excluded under the Australian Consumer Law.

10.2 For major failures with the Services, you are entitled to cancel this Agreement with Perfectly Imperfect, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

11. Limitations of Liability

11.1 Perfectly Imperfects' total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

11.2 You expressly understand and agree that Perfectly Imperfect, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Indemnity

12.1 You agree to indemnify Perfectly Imperfect, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

          (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your interaction with the Website;

          (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

          (c) any breach of the Terms.

13. Venue and Jurisdiction

13.1 The Services offered by Perfectly Imperfect is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

14. Governing Law

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

15. Independent Legal Advice

15.1 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance

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

Services Agreement

1. Parties

Perfectly Imperfect (ABN: 52639478470)

- AND -

You are the client, and Your details are set out on the Booking Confirmation.

Perfectly Imperfect specialises in neurodivergent allied health services tailored to client’s needs and requirements (the ‘Services’).

You have engaged Perfectly Imperfect to provide the Services.  By continuing to work with Perfectly Imperfect after receiving these terms and conditions, You accept the terms and conditions and agree to the below.

This Agreement is read in conjunction with the booking confirmation email provided to You at the time of providing this Agreement (‘Booking Confirmation’).

2. The Engagement

(a) Perfectly Imperfect agrees to perform the Services for You, for the Fees, as set out in the Booking Confirmation or on the website.

(b) Perfectly Imperfect agrees to commence the Services upon acceptance of the Booking Confirmation and these Terms and Conditions, and upon payment of the required Fees as invoiced to You.  

(c) Perfectly Imperfect will provide the Services by telephone, video conferencing software or in person.

(d) Perfectly Imperfect will only provide You with a refund of the Fee in the event they are unable to continue to provide the Services (the 'Refund').

 

3. Bookings

(a) Perfectly Imperfect uses Halaxy as client management software to organise bookings, appointments, invoices, etc.
 

​(b) If you book an appointment with Perfectly Imperfect, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by Halaxy.
 

(c) Perfectly Imperfect requires that You add details of a credit or debit card to Halaxy which will be stored securely. Your card details will not be visible to anyone at Perfectly Imperfect. You can read more about Halaxy's card security here: Halaxy Card Security FAQs 
 

(d) For therapy appointments, You are responsible for paying the Fee for each appointment (the ‘Fee’) at the time of each appointment. Perfectly Imperfect will process your credit or debit card stored on Halaxy or issue you with an invoice for the Fee. You agree to pay the Fee on the day you receive the invoice and by the method prescribed on the invoice.
 

(e) For assessment Services, You are responsible for paying the Fee when you receive an invoice from us. You agree to pay the Fee on the day you receive the invoice and by the method prescribed on the invoice.
 

(f) You cannot book further appointments if the Fee is not paid in full.
 

(g) Perfectly Imperfect reserves the right to request payment of the Fee prior to the appointment.
 

(h) You will receive a reminder email 3 days prior to your appointment and a reminder text message 1 day prior to your appointment.

4. Cancellation

(a) You agree to provide at least 48 hours notice to cancel or reschedule an appointment.

 

(b) Short-notice cancellations of less than 48 hours, and ‘no shows’, will result in You being charged a cancellation fee of 100% of the appointment fee.

 

(c) If You do not attend your appointment, Perfectly Imperfect will make two attempts to contact You by phone or text message in the first 15 minutes of your appointment. If Perfectly Imperfect are unable to reach You at this time, Perfectly Imperfect will consider this appointment a ‘no show’ and will charge You for the cancelled appointment.

5. Fees and Invoicing

(a) The Fees payable for the Services are set out on the website. 

(b) If Perfectly Imperfect is required to undertake assessments, write assessment reports or undertake any other work, Perfectly Imperfect will charge a fee as set out on the website. The number of hours required for an assessment and written assessment report depends on the type of assessment, the purpose of the assessment and the complexity of the assessment report required. Perfectly Imperfect will advise you of the approximate cost prior to starting any assessment.

(c) Perfectly Imperfect requires payment for the written assessment report upfront prior to writing the report.

(d) You agree to pay Perfectly Imperfect the Fee set out in the invoice for the Services.

(e) You agree to pay Perfectly Imperfect the full Fee set out in the invoice for the Services if You will be using Medicare funding. You agree that a Mental Health Care Plan does not provide an entitlement to free services. A referral from any other person or agency does not provide an entitlement to free services.

(f) You agree to pay Perfectly Imperfect the full Fee set out in the invoice for the Services if you have an NDIS plan. You agree that an NDIS plan does not provide an entitlement to free services. You agree that you are responsible for paying the full fee set out in the invoice for the Services if your NDIS plan funding is exhausted or if your plan manager declines to pay the invoice. 

(g) The Fee payable to Perfectly Imperfect to perform the Services may be adjusted from time to time as advised by Perfectly Imperfect.

(h) For therapy appointments, Perfectly Imperfect requires You to add a credit card, debit card, or Paypal details to Halaxy to pay the Fees. Your card details will be stored securely by Halaxy and will not be visible to Perfectly Imperfect. You can read more about Halaxy's card security here: Halaxy Card Security FAQs. 

(i) Perfectly Imperfect will process Your credit card, debit card, or Paypal account stored on Halaxy on the day of your appointment to take payment for the Fees, or, issue you with an invoice for the Fees.

(j) You agree to pay the Fee on the day You receive an invoice from Perfectly Imperfect and by the method prescribed by the invoice.

(k) In the event that any Payment under this Agreement is not made in full on the due date, Perfectly Imperfect is entitled to charge You interest at the rate of 5% per annum, calculated daily.

(l) You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Perfectly Imperfect for steps taken to enforce payment terms will be recoverable and payable by You.

 

(m) If applicable, unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the Services are provided outside Australia, GST is inapplicable.

6. Medicare Rebates and Private Health Insurance Cover

(a) If You hold a Medicare Card and book an appointment with one of Perfectly Imperfects’ Registered Psychologists or accredited mental health social workers, You may be eligible for Medicare rebates to pay for some of Your ongoing treatment.

(b) Provisional Psychologists are not eligible for Medicare provider numbers so are not able to provide Medicare rebates for their clients.

(c) If You are diagnosed with an eligible “mental disorder” and book an appointment with a Registered Psychologist or Accredited Mental Health Social Workee, You may be able to access Medicare rebates under the Better Access to Mental Health Care Scheme to pay for some of Your ongoing treatment.

i. A referral letter (‘referral letter’) and Mental Health Treatment Plan (‘MHTP’) is required from Your general practitioner (‘GP’), psychiatrist, or paediatrician.
ii. A MHTP without a referral letter is not considered a valid referral under Medicare rules.
iii. Under a MHTP, there is funding for 10 Medicare rebated psychology sessions per calendar year.
iv. You are required to pay the full appointment Fee in full before a Medicare rebate can be submitted.
v. Medicare rules do not permit ‘co-payments’ where the client is only required to pay the gap between the appointment Fee and the Medicare rebate.
vi. Medicare rebates for MHTPs are available in the format: 6 sessions plus 4 sessions.
vii. You will need to return to Your GP after the 6th session to obtain another referral letter requesting an additional four (4) psychology sessions.
v. You will need to return to Your GP for a referral letter after the 6th session even if Your GP has written a referral stating the initial referral is for 10 sessions.  
vi. A re-referral letter is not the same as a review of your Mental Health Treatment Plan. You do not need a review of your MHTP after the 6th session or after the 10th session.

(d) If you are diagnosed with a chronic illness and book an appointment with a Registered Psychologist or Occupational Therapist, You may be able to access Medicare rebates to pay for some of Your ongoing treatment under the Chronic Disease Management scheme.

i. A Chronic Disease Management Plan (‘CDMP’) is required from Your general practitioner ('GP') 
ii. Under a CDMP, there is funding for 5 Medicare rebated psychology or occupational therapy sessions per calendar year.
iv. You are required to pay the full appointment Fee in full before a Medicare rebate can be submitted.
v. Medicare rules do not permit ‘co-payments’ where the client is only required to pay the gap between the appointment Fee and the Medicare rebate.
vi. Five (5) Medicare rebates are available per calendar year under a CDMP.

 

(e) Medicare rebates are only available with a valid referral. Medicare rebates will not be given unless the referral Your GP has given you is considered a valid referral under Medicare rules. Medicare rebates will not be given beyond the number stated on each referral.

(f) You are required to check with Perfectly Imperfect before Your appointment to ensure your referral is valid and Your allocated clinician is able to provide Medicare rebates.

(g) You are responsible for keeping track of the number of sessions attended under a Medicare MHTP or CDMP referral and obtaining a new referral letter prior to your next appointment.

(h) Perfectly Imperfect is not responsible for You not being able to obtain a Medicare rebate for your appointment. No full or partial refunds will be given if You are not eligible for a Medicare rebate.

(i) Medicare rebates are generally not available for psychological assessments.

(j) Some health insurance policies cover psychology and counselling depending on the policy. Please check with Your insurance company as to what cover You are eligible for. You cannot access Your private health insurance funding and Medicare rebates for the same appointment.

 

7. Crisis Support

(a) Perfectly Imperfect does not offer a crisis service. We cannot guarantee that we will be available to respond to text messages, voicemail, or emails quickly. This might be because we are with other clients, attending to other work or personal matters, or not at work. Our telephones are placed on ‘Do Not Disturb’ mode when we finish work for the day and during any times we are not working, such as weekends or public holidays. Please know that we do care about you and want you to be okay - so if you do message us about an emergency or crisis, we will get back to you eventually, but this is unlikely to be quick enough to make sure you are safe, or to meet your need for support

 

(b) What to do in an emergency. If you are having strong thoughts or urges of suicide, self-harm, or hurting someone else; or, you have self-harmed, attempted suicide, or hurt someone else; or, you are distressed and having trouble getting back to calm and regulated, we advise you to contact one or more of the following crisis services until you are safe:

Police or ambulance: 000

  1. Your General Practitioner (GP).

  2. Lifeline: 13 11 14

  3. Suicide call-back service: 1300 659 467

  4. State-based crisis numbers:

    1. – 1800 011 511 – Mental Health Line

    2. – 1300 651 251 – Suicide Help Line

    3. – 13 43 25 84 – 13 HEALTH

    4. – 13 14 65 - Mental Health Assessment and Crisis Intervention Service

    5. – Mental Health Emergency Response Line: 1800 676 822 (PEEL) or 1300 555 788 (Metro)

    6. – 1800 332 388 – Mental Health Services Helpline

    7. – 1800 682 288 – Mental Health Line. The Mental Health Line is a free and confidential 24-hour hotline for mental health inquiries from anyone experiencing a mental health crisis or concerned about someone's wellbeing.

    8. – 1800 629 354 – Mental Health Triage Service

 

(c) For clients at risk of suicide, self-harm or harming others, Perfectly Imperfect will write a safety plan with You. If You have contacted any of the above crisis support services, please let Perfectly Imperfect know during Your next appointment, or by email prior to the appointment.

8. Communication

(a) Perfectly Imperfect will communicate with You in the following ways:

 

i. Appointments are conducted via video conferencing, such as Zoom, or by telephone or in person

ii. Reminders for appointments are sent via Halaxy.

iii. If You have not shown up to Your appointment we will send You a text message and telephone You.

iv. If there is an urgent or time-sensitive situation we need to talk to you about we will text You or telephone You.

v. Outside of urgent or time-sensitive situations, we will only contact you via telephone if You consent to contact via telephone.

vi. All other communication with You will be by email or text message.

 

(b) Perfectly Imperfect will not contact You via social media for any clinical or administrative matters.

(c) Please do not contact Perfectly Imperfect via social media for clinical or administrative matters.

 

(d) Perfectly Imperfect are generally not able to respond to requests for clinical advice via phone call, email or text outside of Your appointment. Please limit Your discussions outside of appointment times to administrative matters, such as booking or cancelling appointments.

 

(e) For any administrative matters outside of your regular appointment, please send Perfectly Imperfect an email or text message.

(f) Please do contact Perfectly Imperfect via telephone call, if needed, within business hours. 

(g) If You have a disability that impairs Your ability to communicate via email or text message, Perfectly Imperfect provides a telephone number as a disability accommodation.

(h) Requesting a telephone call from Perfectly Imperfect does not entitle You to a return telephone call.

 

(i) Abusive, threatening, harrassing or intimidating behaviour towards Perfectly Imperfect via telephone will result in the telephone call being terminated, without further notice to You, and Your phone number being blocked.

(j) Abusive, threatening, harrassing or intimidating behaviour towards Perfectly Imperfect via email will result in Your email address being blocked, without further notice to You.

 

(k) Abusive, threatening, harrassing or intimidating behaviour towards Perfectly Imperfect via social media account will result in Your social media account being blocked, without further notice to You.
 

​(l) All communication between You and Perfectly Imperfect via any medium becomes part of Your client record that Perfectly Imperfect is legally required to keep – this includes emails, text messages and social media contact.

 

9. Warranty

(a) Perfectly Imperfect will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Perfectly Imperfect makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.

 

(b) The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with Perfectly Imperfect, and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

10. Liability

(a) Perfectly Imperfects’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

10. Disclosure and Use of Confidential Information

(a) All obligations of confidence set out in this Agreement continue in full force and effect after the completion of the Services.

(b) Both parties must not disclose any Confidential Information to any third party, including clients, and/or its agents, employees or servants, without Your prior consent.

(c) This Agreement prohibits the disclosure of Confidential Information by both Parties with exception to the following circumstances:

i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and the other Party has consented to the disclosure of such information to the professional adviser;

ii. the disclosure is required by applicable law or regulation; or

iii. if the confidential information is already in the public domain at no fault of the other Party.

11. Termination Clause

Either party may terminate this Agreement for any reason whatsoever, upon providing 7 days written notice (including by email) to the other party.

12. Dispute Resolution

(a) If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).


(b) A party to this Agreement claiming a dispute (the Dispute) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (‘the Notice’).

(c) On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.

 

(d) If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales. 

 

(e) It is agreed that mediation will be held in New South Wales, with the venue to be agreed.

 

(f) The parties agree to be equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.

 

(g) All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.

 

(h) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.

13. No partnership or agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

14. Governing Law & Jurisdiction

(a)    This Agreement is governed by the laws of New South Wales, Australia.

(b)    In the event of any dispute arising out of or in relation to the Services, Perfectly Imperfect agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.

15. Severance

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

16. Entire Agreement and Modifications

Both You and Perfectly Imperfect confirm and acknowledge that this Agreement and the Booking Confirmation constitute the entire agreement between You and Perfectly Imperfect and shall supersede and override all previous communications, either oral or written, between the parties.

Contact Info

Phone

(02) 6189 8079

Fax

(02) 9072 2683

Email

Address

1/1141 Botany Road

Mascot, NSW 2020

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