1. General
    1. The Healthy North Coast Mental Health Practitioner Directory (“Directory”) published by Healthy North Coast Limited (“Healthy North Coast” or “us”) is a local directory of Mid North Coast and Northern NSW mental health practitioners.
    2. This Directory/contact form is NOT an emergency service. If you are experiencing severe distress and require immediate help, please contact the Mental Health Line on 1800 011 511 or Lifeline on 13 11 14. In an emergency, please call 000 or go to your nearest hospital emergency department.
    3. The purpose of the Directory is to provide accessible information about individual mental health practitioners, including, but not limited to:
        1. Contact information
        2. Profession
        3. Service location
        4. Population groups serviced
        5. Clinical interests
        6. Treatment modalities
        7. Availability of:
          1. New patient appointments and wait times
          2. Bulk billing
          3. After-hours appointments
          4. Telehealth
          5. Wheelchair access
          6. Practitioner of Aboriginal and/or Torres Strait Islander descent
          7. Translation and/or interpreter services
          8. My Health Record
          9. Languages other than English
        8. The information available in the directory is for:
          1. North Coast residents seeking mental health services, however we recommend that you contact a general practitioner or other medical professional to determine what the most appropriate course of action is for you, before containing any practitioner listed on the Directory; and
          2. Clinical and health professionals seeking mental health services as a referral pathway.
    4. The Directory is accessible at hnc.org.au/directory-search
    5. The Directory is published using information submitted by the listed practitioners via a secure webform (“Form”) accessible at: hnc.org.au/directory-new-listing
    6. Healthy North Coast is not responsible for updating the listings on the Directory following publication.  The public information accessible on the Directory is self-maintained by the listed practitioners via one of two methods:
      1. Request change button — the practitioner individual listing view has a ‘Request change’ button for practitioners to make self-authored updates at any time. Clicking on ‘Request change’ triggers an email to the associated practitioner admin email address containing a time-limited token link for the authorised practitioner to review and update listing details, including requesting to be unpublished from the Directory.
      2. 90-day review request — automated notifications to all admin email addresses will be sent every 90 days requesting review of information for any listing that has not been updated within the last 90-day period. Practitioner listing admins will be required to action either 1/ confirm that no changes are required via an automated link, or 2/ request changes as above. Failure to complete a review using one of the two actions above may result in a listing being unpublished from the public Directory.
  2. Structure of these Terms of Use
    1. If you a mental health practitioner who wishes to be included in the Directory, these Terms of Use apply to you in full, excluding clause 4.
    2. If you are using the Directory and are not a mental health practitioner, these Terms of Use apply to you in full, excluding clause 3.
  3. Terms of Use — Listed Mental Health Practitioners
    1. These Terms of Use form a legally binding agreement between the practitioner and Healthy North Coast. Any reference to “you” in these Terms is, in the context of a practitioner, a reference to the listed practitioner (and not any admin or other party acting on the practitioner’s behalf).
    2. The practitioner must ensure that anyone using the Directory on his or her behalf (including any admin) complies with these Terms of Use.
    3. You must not use the Directory to provide any false or misleading information, including in respect of your qualifications, experience and/or services. All information which you provide to Healthy North Coast must be, and remain, correct.
    4. You agree to manage your listing and update it as and when required to ensure accuracy of information using the methods outlined in clause 1.6 above.
    5. You must ensure that you hold and maintain all required qualifications, credentials, licences, professional registrations and membership of professional associations as are required by your profession and the law in order to provide the services specified in your listing.
    6. You acknowledge and agree that, when you submit the Form, your listing will not be displayed immediately on the Directory, or may not be displayed at all, at Healthy North Coast’s discretion.
    7. When you upload or otherwise submit content via the Form, you give Healthy North Coast a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, variations or other changes we make so that your content works better with the Directory), communicate, analyse, publish, publicly display and/or distribute, in any way now known or in the future developed, such content. It is your responsibility to ensure you have all necessary rights to grant us this licence for any content that you submit to the Directory.
    8. You must ensure that any content you provide to the Directory is free of viruses and other malicious code or content.
    9. If a Form is submitted by you or on your behalf, you acknowledge and agree to the following:
      1. You are deemed to accept these Terms of Use which, together with our Privacy Policy, govern our relationship with you in relation to the Directory (regardless of whether or not you submitted the Form yourself). If you do not agree to these Terms of Use, you must not use or apply to be included in the Directory.
      2. You are responsible for the information you provide for inclusion in the Directory.
      3. You warrant that you are the listed practitioner or have authorised another party to provide the information on your behalf via the Form.
      4. You warrant that the information is and remains current, accurate, a true reflection of the services the practitioner provides and not false or misleading in any way.
      5. You warrant that you are, and will continue to be at all times whilst you are listed on the Directory, AHPRA and/or AASW registered.
      6. You will not provide information or website links that contain malicious or harmful content, whether knowingly or unknowingly.
      7. Your inclusion in the Directory is at your own risk.
      8. Under no circumstances is Healthy North Coast liable in any way for the information provided by you for inclusion in the Directory (including, but not limited to, any errors or omissions in the information), or any Losses of any kind incurred by you in connection with the information provided.
      9. The information you provide will be securely hosted by Healthy North Coast and will be publicly available through the Directory as well as being available to download from the Directory to a PDF file.
      10. Inclusion of your information in the Directory in no way implies that there is any relationship between Healthy North Coast and you, nor any endorsement by Healthy North Coast.
      11. You must notify Healthy North Coast immediately if there is any reason to suspect that the Directory is being used by any person contrary to the Terms of Use.
      12. Healthy North Coast may remove (permanently or temporarily) some or all of the information submitted from the Directory in its discretion without providing you with prior notice.
  4. Terms of Use — Directory Users
    1. These Terms of Use form a legally binding agreement between you and Healthy North Coast.
    2. By using any part of the Directory, you are deemed to accept these Terms of Use which, together with our Privacy Policy, govern our relationship with you in relation to the Directory. If you do not agree to these Terms of Use, you must not use the Directory.
    3. You agree that the use of the Directory is for your personal and non-commercial use only. You also agree that the Directory may only be used in accordance with the purpose stated at clause 1.3, but subject to clause 4.4 below.
    4. You are not entitled to, nor can you facilitate, authorise or permit anyone else to:
      1. use an automated system to extract, mine or otherwise harvest data (“screen scraping”) from the Directory for any purpose, which includes the use of any automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Directory or any data, content, information or services accessed via the Directory;
      2. create any “links” to any part of the Directory;
      3. create any third-party directory entries using the data contained in the Directory; or
      4. reproduce, frame, mirror or reformat any content contained in, or accessible through the Directory on any other website or any server or internet-based device,

        in each case without Healthy North Coast’s prior written consent.

    5. You agree that you will not use the Directory in any way which is contrary to any applicable law, nor to engage in any unlawful conduct, including in any multi-level marketing, post unauthorised commercial communications (such as spam) or transmit any viruses or other malicious code or content.
    6. By using the Directory you acknowledge and agree that any use of or reliance on any information available via the Directory is at your own risk.
  5. Changes to the Terms of Use
    1. Healthy North Coast may modify or amend these Terms of Use from time to time, at its discretion. Modifications will be notified to all listed practitioners and a modified or amended version will be included in the “Terms of Use” link in the footer of the Directory.
    2. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Directory following the date in which you are notified of the change or the modified or amended Terms of Use are posted in the “Terms of Use” link, whichever is earlier.
  6. Termination
    1. Healthy North Coast may terminate your use of the Directory with immediate effect, at any time in our sole discretion and without notice.
    2. Healthy North Coast may cease to operate the Directory with immediate effect, at any time in its sole discretion and without notice.
  7. Disclaimers
    1. Information entered, reviewed, and updated in the Directory is provided by third parties and is made available for general informational purposes only. To the extent permitted by law, the information is provided on an “as is” basis and Healthy North Coast makes no representation or warranty (express or implied) as to the currency, completeness, accuracy, reliability, suitability, availability or relevance of the information. You must exercise your own judgment with respect to your use of the Directory and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability, availability and relevance of the available information and consider if the Directory addresses your requirements before proceeding.
    2. Healthy North Coast does not warrant that:
      1. you will have continuous or uninterrupted access to the Directory or that the Directory will conform to any service levels or performance specifications; or
      2. the Directory is free of any form of harmful surreptitious code, virus, or other contaminants, and does not accept any liability for any interference with or damage to your computer systems, software or data occurring in connection with the Directory.
    3. Healthy North Coast may make changes to the Directory, including the content of, and/or the functionality provided by, the Directory from time to time, at its discretion.
    4. The Directory contains links to third-party websites as provided by the listed practitioners. You acknowledge and agree that Healthy North Coast has no responsibility for the content or availability of the linked websites, and Healthy North Coast does not specifically endorse or recommend any organisation, association or entity referred to or linked from this Directory.
    5. Whilst Healthy North Coast takes reasonable care in ensuring the security and integrity of information you provide to, or submit via, the Directory (including, for individual users, any messages sent to practitioners via the Directory), it is possible that this information could be accessed by unauthorised third parties, including while in transit over the internet.
    6. To the extent permitted by law, Healthy North Coast expressly excludes all liability for any loss, damage, expenses, and costs (“Losses”) incurred by you in connection with the Directory, including but not limited to Losses caused directly or indirectly by:
      1. your access to, use of or listing on the Directory;
      2. use of the Directory, including for a purpose for which it is not intended;
      3. the inability to obtain consistent, reliable, and/or uninterrupted access to the Directory;
      4. damage or interference to your computer, mobile device, hardware, software, equipment, a device installed on or used in connection with your computer or mobile device, your data or any other device installed or used in connection with your computer or mobile device, that arises in connection with your use of the Directory or any linked website;
      5. any errors, omissions, inaccuracies or false or misleading information contained in the Directory;
      6. any loss of data;
      7. reliance on the information contained in the Directory; and
      8. any default, act, or omission of any person other than us.
    7. If any warranty, guarantee, condition or term is implied or imposed by any applicable law and cannot be excluded (a “non-excludable provision”), and Healthy North Coast is able to limit your remedy for a breach of the non-excludable provision, then Healthy North Coast’s liability for breach of the non-excludable provision is limited exclusively (so far as applicable laws do not prohibit) to, at Healthy North Coast’s option, (a) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
  8. Copyright and trademarks
    1. 1. All content available through the Directory, including (without limitation) text, graphics, information architecture and coding (including any copyright and other intellectual property rights subsisting in them) and any logos, trade marks or other branding included on the Directory, is owned by or licensed to Healthy North Coast. You have no right to use the Directory or any content available via the Directory other than as expressly set out in these Terms of Use.
    2. You may access and download content accessible through the Directory, where available, solely for the purposes outlined in, and in accordance with the terms specified in, these Terms of Use.
    3. Other than use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), or with the prior written permission of the owner of the material, you must not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, either in whole or in part, any of the Directory or the content accessible through the Directory.
  9. Governing Law
    1. Your use of the Directory, and any dispute arising out of your use of the Directory, is subject to the laws of New South Wales, Australia and shall be governed by the non-exclusive jurisdiction of the New South Wales courts. By using the Directory, you are deemed to have submitted to the jurisdiction of the New South Wales courts.