Website’) which is owned and operated by Lysn Pty Ltd (ACN 614 950 131) (‘we’,
‘us’, ‘our’, ‘Lysn’). By accessing and using the Website or by clicking ‘I Accept’ when
signing up for a user account on the Website, you agree to be bound by, and
Nature of Service
The service offered by Lysn is not an acute service. In cases of emergency, please
contact public emergency services immediately by dialling “000” by telephone. We are
not responsible for any loss, damage, cost, expense, action, claim, demand,
proceeding, injury or liability suffered by any person as a result of a failure by that
person or any other person to contact public emergency services.
If you are thinking about suicide, if you are considering taking actions that may cause
harm to you or to others, if you feel that you or any other person may be in any
danger, or if you have any medical emergency, you must immediately “000” and notify
the relevant authorities. You can also contact Lifeline 24 hours a day on 13 11 14 or
alternatively obtain resources from Lifeline on
The Website is a platform through which people may obtain psychology services from
qualified Australian psychologists (‘Providers’). We operate the Website solely as an
introductory service and we take no part in the provision of psychology, healthcare or
any other medical services. The Providers who offer their services on the Website
are independent contractors and the advice they provide is independent of Lysn.
All persons who obtain services from Providers through the Website are solely
responsible for determining the suitability of the relevant Providers for their particular
needs. We do not guarantee or warrant that the Website, or any services provided by
any Provider through the Website, is suitable or appropriate for any person.
If you are a Provider, you acknowledge and agree that additional and/or modified
terms and conditions will apply to your access and use of the Website. Such terms
and conditions are available from the Website after creating a provider account and
In order to use all of the Website’s features, you must create a user account and
complete all mandatory fields in the ‘My Profile’ section of the Website. You must be
eighteen (18) years of age or over to create a user account on the Website.
When creating a user account on the Website, you agree you will:
(a) provide complete and accurate information;
(b) keep your personal information accurate and up to date at all times;
(c) not create more than one user account;
(d) not use another person’s account;
(e) must immediately notify us of unauthorised use of your user account;
(f) not create a new user account if your account is disabled by us; and
(g) remain responsible for maintaining the confidentiality of your password and user
name required to access the user account.
We reserve the right to disclose your identity or other information you provide when
establishing a user account if required by law to do so. We may alter any part of your
user account if we receive a legitimate complaint, or otherwise form the view (in our
sole discretion) that the content of your user account is inappropriate or offensive.
We reserve the right to terminate your access to the Website at any time in our sole
discretion, without notice.
You may only use the Website for lawful purposes, in a responsible and co-operative
(a) use the Website in any way that could damage our reputation or goodwill or other
rights associated with the Lysn brand or the Lysn online health platform;
(b) permit any person to access and use the Website other than in accordance with
(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism
that meters the use of the Website by you or any other person;
(d) except to the extent that any applicable laws (including but not limited to copyright
laws) prevent us from restraining you from doing so:
(i) reproduce, make error corrections to or otherwise modify or adapt the
Website or create any derivative works based upon the Website; or
(ii) decompile, disassemble or otherwise reverse engineer the Website or
permit or facilitate any third party to do so;
(e) when accessing and using the Website:
(i) attempt to undermine the security or integrity of our computing systems or
networks or, where the Website is hosted or operated by a third party, the
third party's computing systems and networks;
(ii) use, or misuse, the Website in any way which may impair its functionality,
or the functionality of any other system used to deliver the Website, or impair
the ability of any third party to lawfully use the Website; or
(iii) attempt to gain unauthorised access to any materials other than those to
which you have been given express permission to access or to the computer
system on which the Website is hosted or stored;
(iv) transmit, or input into the Website any information, data, files or other material
that may damage any other person's computing devices or software, may be
offensive, or which is in violation of any law (including material protected by copyright
or trade secrets which you do not have the right to use);
(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse
engineer any computer programs used to deliver or operate the Website, except as is
strictly necessary to use either of them for normal operation;
(vi) remove or modify any program markings or any notice of proprietary rights,
including those of any third party;
(vii) use any automated processes or means to access the Website;
(viii) use any software or manual repetition that will or is likely to interfere with the
(ix) attempt to cause stress or detriment to the proper working of the Website,
including but not limited to acting in any way likely to cause an unreasonable strain to
the infrastructure of the Website, reloading or refreshing transaction pages more than
once every 5 seconds, or requesting any page of the Website more than 1000 times
in aggregate in any 24 hour period.
Fees and Payment
For each consultation booking you make with a Provider through the Website, you
agree to pay the following fees to us:
(a) a consultation fee of an amount specified on the Website (‘Consultation Fee’)
which may vary depending on:
(i) the qualifications of the relevant Provider; and
(ii) the duration of the consultation; and
(b) a booking fee of an amount specified on the Website (‘Booking Fee’).
You acknowledge and agree that:
(a) our liability to you or any other person is not increased by virtue of the fact that we
collect a Consultation Fee or Booking Fee as part of any consultation booking;
(b) we may require the use of any method of payment on the Website as we decide in
(c) all Consultation Fees and Booking Fees are payable in Australian Dollars (AUD$),
unless otherwise specified, and you are solely responsible and liable for the payment
of any foreign exchange or currency conversion fee charged by our third party
payment processor, or by your financial institution; and
(d) we may increase or decrease Consultation Fees and Booking Fees, or introduce
new fees for consultation bookings, at any time without prior notice to you.
We may allow you to store credit or debit card information on the Website. If you wish
to designate a different credit or debit card, or if there is a change in your credit or
debit card status, you may access and modify your payment information through the
Unless otherwise expressly stated by us, all Consultation Fees and Bookings Fees
are inclusive of Goods and Services Tax.
Refunds and Chargebacks
Subject to the paragraph below, we will provide a full refund of the Consultation Fee
paid for any consultation booking which is cancelled more than 48 hours before the
scheduled start time. If you cancel your consultation booking at any time between 24
– 48 hours prior to the consultation booking, you will be required to pay 50% of the
Consultation Fee. No refunds will be given for any consultation booking which is
cancelled within 24 hours of the scheduled start time.
If you initiate a chargeback on your credit or debit card, or take any similar action, you
must pay us a chargeback fee of AUD $30 on demand. You acknowledge, agree and
consent to us setting off any such fees against any monies which we may owe to you
from time to time.
Promotions and Discounts
We may offer promotions and discounts from time to time. All promotions and
conditions specified by us.
Modifications, Termination, Interruption and Disruptions to the Website
We will use our best endeavours to ensure that the Website is accessible on a
continuous basis. However, you confirm and acknowledge that we may, with or
without notice, modify, suspend, disrupt or discontinue any part of the Website,
whether to all users or to you specifically, at any time. You agree and acknowledge
that Lysn will not be liable for any of the actions set out above or for any loss or
damage that is caused by any of the actions set out above.
You confirm and agree that access to the Website is reliant upon various factors
outside our control, including, without limitation, you meeting the minimum technical
requirements of the Website, your Internet service provider or telecommunications
provider, the speed and bandwidth of your Internet connection, the equipment or
devices which you use to access and use the Website, our hosting and web server
(to the extent that we engage third party contractors) and other factors which may
impact upon the delivery of the Website to you via the Internet.
We do not guarantee that the Website will be uninterrupted or that it will be secure,
consistent, timely or error-free. We reserve the right to restrict or remove access to
the Website for the purpose of undertaking maintenance and updating of the Website.
You agree that certain parts of the Website may be made available on an “alpha” or
“beta” basis for testing purposes prior to full release and may be withdrawn or
removed at any time by us without notice to you. We may not identify which parts of
the Website are released on such an “alpha” or “beta” basis. We are not responsible
for any loss to property or persons incurred as a result of the use by any person of
any parts of the Website which are released on an “alpha” or “beta” basis.
Where there is unauthorised access or a breach of security, we will take appropriate
steps to rectify the unauthorised use or breach of security, including by, without
limitation, cancelling and resetting the relevant login IDs and passwords. You must
take all other actions that we reasonably deem necessary or desirable to maintain or
enhance the security of our computing systems and networks and your access to the
We will use all reasonable endeavours to ensure that we provide a secure
environment for any data stored or hosted on our systems. You acknowledge
however that no information which is available on the Internet is completely secure
and you agree that we will not be liable for any loss suffered by you or any third party
should our security measures (or those of any of our service providers) be overcome
We maintain appropriate technical and operational measures, internal controls, and
data security routines intended to protect your data against accidental loss or change,
unauthorized disclosure or access, or unlawful destruction. We are not responsible
for the security of any data stored on any personal computer, laptop or mobile device
owned or controlled by you.
We or our affiliates own all rights, title and interest (including present and future
copyright) in the Website.
All material on the Website such as articles, written materials, names, trademarks,
images, photographs, designs, illustrations, and logos (‘Content’) are owned by, or
licensed to, us (unless expressly indicated otherwise). You are granted a
nonexclusive, non-transferable licence to use the Website and access the Content in
You may use the Website and access the Content only for your personal and noncommercial
ownership of the Content (or any intellectual property rights in it). You may not sell,
modify, copy, distribute, display, communicate or otherwise use the Content unless
we have expressly authorised you to do so in writing. You must not use any so-called
‘spider’ or similar automated software or device to use or access the Website or the
Content in any way.
You are not permitted to post any material on the Website which:
is defamatory, libelous, abusive, or obscene, including, without limitation,
material which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
federal, or international law;
infringes on the copyright or any other proprietary right of a third party;
is intended to advertise to or solicit others without our express permission;
constitutes charity solicitations, chain letters or pyramid schemes;
contains a virus, worm, Trojan horse, time bomb, or any other harmful
program or component;
interferes with or disrupts networks connected to the Website, or used for
purposes of delivering the content (or violate the regulations, policies or
procedures of such networks); or
attempts to gain unauthorised access to restricted areas of the Website,
other accounts, computer systems or networks connected to the Website or
through password mining or any other means.
You consent to us soliciting comments, information, requests, data, ideas, enhancement requests,
recommendations, description of processes, or other information concerning the Site from you or
any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for
purposes related to the Site or the carrying out of services by us generally in our business
activities without further approval or acknowledgement, and you hereby assign to us all IP
Rights in any such Feedback.
The Website may contain links or other connections to websites operated by parties
other than us (‘Links’). If you use a Link to access a third party website, you do so
entirely at your own risk. Our inclusion of Links or other connections to third party
websites does not imply any endorsement of the material on them or any association
with their owners or operators. We provide links to Linked Sites for convenience only.
information obtained from the Website to contact, abuse, advertise, sell to, harass or harm any other person.
We may (in our sole discretion and without prior notice to you) terminate your licence
to access the Website and take any legal action we have available against you, if you
appropriate for you.
Disclaimer and Limitation of Liability
To the fullest extent permitted by law, we exclude all conditions and warranties
(express and implied) of any kind in relation to the Website. Under no circumstances
(including without limitation, any act or omission on our part) will we be liable for any
indirect, incidental, special and/or consequential damages or loss whatsoever which
results from any use of or access to, or any inability to use or access, the Website.
Certain laws may not allow the exclusion of some conditions and warranties, in which
case some of the above exclusions may not apply to you.
You agree that Lysn and its affiliates shall not be liable to you or anyone else for any
loss or injury caused in whole or in part by relying upon, using, or interpreting the
content or any other information obtained through the use of the Website. In no event
will Lysn or its affiliates be liable to you or anyone else for any incidental,
consequential, indirect, special or exemplary damages or lost profits arising out of the
use or inability to use the Content, the Website, or any other information obtained
through the Website, even if Lysn, its affiliates, its licensors, agents or
representatives know or have been advised of the possibility of such damages.
You agree that if we are liable for any damages or loss regardless of the cause of
action, whether in contract, tort or breach of statute or any other legal or equitable
obligations the amount is limited to the Consultation Fee.
The Site is delivered on an “as is” and “as available” basis. In this context, we do not
warrant that the Site will be error-free or uninterrupted.
All due care is taken in ensuring that the Website is free of any virus, worm, Trojan
horse and/or malware, however we are not responsible for any damage to your
computer system or device which arises in connection with your use of the Site or any
We undertake to take all due care with any information which you may provide when
accessing the Website and to store such information in a secure manner in
the security of any information which you may provide and information you transmit to
the Website is entirely at your own risk.
From time to time, we may host third party content on the Website such as
advertisements and endorsements. Responsibility for the content of such material
rests with those third parties and we are not responsible for any errors or omissions in
such material or any damage caused either directly or indirectly by them.
You agree to indemnify us and our officers, directors, agents and affiliates from and
against all claims, liabilities, costs and expenses (including legal costs on a full
If you encounter any content on the Website that you find offensive and which you
firstname.lastname@example.org. So that we can efficiently deal with your report, please
ensure that your report:
(a) states the reason for your concern/s; and
(b) clearly identifies the content by providing:
(i) a description of it; and
(ii) a hyperlink to the specific page (if applicable).
If you receive or encounter any information which a reasonable person would consider to be
confidential in nature, you agree to contact us immediately at email@example.com.
The Website is controlled from our offices in New South Wales. These Terms and
Use will be governed by and construed in accordance with the laws of New South
You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts
of New South Wales.
court of law, such invalidity or unenforceability will not affect the remainder of these