TERMS AND CONDITIONS

1. About these Terms

1.1 These Terms and Conditions (Terms) govern your access to and use of the Happy Us website, and any services provided through the website including online counselling sessions, phone calls, video sessions, and chat (Services).

1.2 By using the website or booking a session, you agree to these Terms.

1.3 If you do not agree, do not use the website or Services.

2. Definitions

In these Terms:

• “We”, “us”, “our” means Happy Us (trading name) and the entity operating the website (Company).
• “You”, “your” means the person using the website or Services.
• “Clinician” means the counsellor/therapist who provides Services to you.
• “Session” means a scheduled appointment (typically 50 minutes of talk time within a 60-minute booking slot).
• “Telehealth” means Services delivered by phone call, video call (for example Zoom), and/or chat.
• “AI Notes” means optional recording/transcription and/or artificial intelligence assistance used to help the Clinician prepare session notes and a plan-of-action, where you explicitly consent.

3. What we provide (Scope of Services)

3.1 Happy Us provides non-emergency counselling and wellbeing support delivered via Telehealth.

3.2 We do not provide emergency services. If you are in immediate danger, call 000. If you need urgent support, contact Lifeline (13 11 14) or Beyond Blue (1300 22 4636). If you are affected by domestic or family violence, call 1800RESPECT (1800 737 732).

3.3 We do not provide medical services. We do not prescribe medication. We do not provide medical certificates. We do not provide a hospital, ambulance, crisis team, or in-person care.

3.4 Our Services may include supportive counselling and therapeutic approaches. Outcomes differ for each person and no specific outcome is guaranteed.

4. Eligibility and suitability

4.1 You must be at least 18 years old to book and use the Services.

4.2 The Services may not be suitable for you if you are experiencing a mental health emergency, active psychosis, severe dissociation, or if you are at immediate risk of harm. In those cases, you should seek urgent local support.

4.3 We may decline, pause, or stop Services if we believe it is unsafe, clinically inappropriate, or outside our scope.

5. Booking, sessions, and availability

5.1 Bookings are made online. We may allow “guest booking” without creating an account. You may optionally create an account later.

5.2 After booking, you will receive a secure link by email (and/or SMS) to join the Session, reschedule, cancel, and access chat (where enabled).

5.3 Session format: you may choose phone call or video call (for example Zoom) where available. Some Sessions may include chat support limited to the booking relationship and operating hours.

5.4 Availability is not guaranteed. We may need to reschedule if a Clinician is unavailable due to illness, network outages, or other reasons. Where possible, we will offer the next available alternative.

6. Telehealth and technology limitations

6.1 Telehealth depends on your device, internet, and network. We are not responsible for connection failures outside our control.

6.2 You are responsible for being in a private, safe environment for your Session.

6.3 You must not record Sessions unless we explicitly agree in writing. In any case, recording without consent may be unlawful.

7. AI Notes (optional recording/transcription)

7.1 We may offer AI Notes to help your Clinician create accurate notes and a plan-of-action.

7.2 AI Notes are OPTIONAL. We will only record/transcribe if you provide explicit consent (for example by ticking a consent box during booking).

7.3 If you do not consent, we will not record/transcribe and your Clinician will take notes manually.

7.4 If AI Notes are enabled, your Clinician remains responsible for reviewing and editing notes and plans before they are shared with you.

7.5 You can withdraw consent for AI Notes at any time for future Sessions.

8. Clinical safety, risk, and escalation

8.1 The Services are not monitored 24/7.

8.2 If you indicate that you may harm yourself or someone else, or if we believe there is a serious and imminent risk, we may:

(a) encourage you to contact emergency services; and/or

(b) where lawful and reasonably necessary, contact emergency services or a nominated emergency contact using information you provided.

8.3 You agree to provide accurate location information when requested for safety purposes during a Session.

9. Fees, payment, and pricing

9.1 Fees are displayed on the website at the time of booking (currently A$65 per hour unless otherwise stated).

9.2 Payments are processed through third-party payment providers. We do not store your full card details.

9.3 If taxes apply, they may be added at checkout (depending on our business structure and your location).

10. Cancellations, rescheduling, and no-shows

10.1 You can reschedule or cancel via your secure link.

10.2 Cancellation policy (edit to match your operations):

• Free cancellation/reschedule up to: 24 hours before the Session start time.
• Late cancellation fee: up to 100% of the Session fee if cancelled within 24 hours.
• No-show fee: up to 100% of the Session fee.

10.3 We may waive fees at our discretion (for example for technical failure on our side).

10.4 Nothing in these Terms excludes your rights under the Australian Consumer Law, including consumer guarantees that cannot be excluded.

11. Refunds

11.1 We do not provide refunds for change of mind.

11.2 If we fail to provide the Service you paid for (for example, clinician non-attendance), we will offer a rebooking or refund as appropriate.

11.3 You may be entitled to additional remedies under the Australian Consumer Law for major failure or lack of due care and skill.

12. Your responsibilities and acceptable use

12.1 You must provide accurate booking, contact, and emergency contact details.

12.2 You must treat Clinicians and staff respectfully. Abuse, threats, harassment, or sexual misconduct may result in immediate termination of Services without refund (subject to Australian Consumer Law).

12.3 You must not misuse the website, attempt unauthorised access, or interfere with security.

13. Intellectual property

13.1 The website and its content (text, branding, design, templates) are owned by or licensed to us.

13.2 You may not copy, reproduce, or commercially exploit our content without permission.

14. Third-party platforms and links

14.1 We may use third-party platforms for video calls (for example Zoom), telephony, booking, messaging, payments, analytics, and AI transcription.

14.2 These platforms have their own terms and privacy practices. We are not responsible for third-party acts or omissions beyond what the law requires.

15. Disclaimers

15.1 The website and Services are provided on an “as is” basis to the extent permitted by law.

15.2 We do not guarantee that the Services will be uninterrupted, error-free, or always available.

15.3 We do not guarantee any particular outcome from counselling.

16. Limitation of liability

16.1 To the maximum extent permitted by law, we exclude liability for indirect, consequential, or special loss.

16.2 Our total liability for any claim relating to the Services is limited to the fees you paid to us for the relevant Service, except where such limitation is not permitted by law (including under the Australian Consumer Law).

17. Indemnity

You agree to indemnify us for loss arising from your breach of these Terms, unlawful conduct, or misuse of the website, to the extent permitted by law.

18. Complaints and disputes

18.1 If you have a complaint, contact us at: info@happyus.com.au

18.2 We will try to resolve disputes in good faith. If unresolved, either party may pursue legal remedies.

19. Changes to these Terms

We may update these Terms from time to time. Updated Terms will be published on the website with a new effective date.

20. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.