Terms of Service and Disclaimer

Ownership

Enlightenmh.com.au is owned by Enlighten Mental Health pty ltd, a company registered in Australia.

Terms

By using and accessing this website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Enlighten Mental Health’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    • modify or copy the materials;

    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    • attempt to decompile or reverse engineer any software contained on Strategic Psychology’s website;

    • remove any copyright or other proprietary notations from the materials; or

    • transfer the materials to another person or “mirror” the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Enlighten Mental Health pty ltd Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

I acknowledge that Enlighten Mental Health does not encourage, endorse or suggest the use of any recreational illicit substance use for any purpose.

I acknowledge that the use of the Harm/Reduction minimisation model used by my therapist is not an endorsement of any substance. 

I have read the preceding paragraphs and acknowledge that:

  • I understand the nature of the therapy provided by Enlighten Mental Health is based on evidence-based approved therapy, including the harm reduction model, CBT, DBT, ACT, Narrative therapy and other therapy modes not aforementioned.

  • I acknowledge that some risks and injuries may result from partaking in the use of illicit substances, including death and incapacitation. I assert that I (and/or my minor child/ward to whom I have explained the inherent risks) knowingly assume all the risks of the activity and take full responsibility for any damages, liabilities, losses, or expenses that I/we incur as a result of participating in recreational drug use. In short, I (and/or my participating minor child/ward) am/are participating entirely at my own risk, based on my own decision which has not been influenced by Enlighten Mental Health in any manner.

  • I agree that I will not present for a session while under the influence of any substance not prescribed to me by a medical professional. This includes micro-dosing.

  • I understand that should I come to therapy under the influence of illicit drugs or alcohol, my therapist will terminate the session and that I am responsible to pay a cancellation fee equal to the full fee requested from a private patient, as I will not be covered by Medicare of Private health insurance should I breach this term.

  • I understand that Enlighten Mental Health, its affiliates, employees and my therapist cannot and will not recommend underground guides, where to source illegal substances, dosing, or retreat centres within or outside of Australia.

  • I understand that integration therapy is a harm reduction approach and that, consistent with this model, alternative available options will be discussed and that my therapist is not advocating for the use of illicit substances but collaborating with me for educational and risk minimisation purposes.

  • I understand that should I refuse to adhere to these guidelines, my therapist reserves the right to cease therapy by deactivating my file and writing to my referring treating practitioner/agency.

  • I understand that under the Electronic Transactions Act that electronic signatures are a valid legal signature in the Commonwealth of Australia and can be used in a court of law.

Initial Waiver of Liability

To the extent permitted by law (including the Competition and Consumer Act 2010 (Cth), and the Civil Liability Act 2003 (Qld)) and in consideration of being permitted to participate in therapy with EMH, I agree (on behalf of the Releasing Parties) that the Releasing Parties will not make, take or seek any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand (“Claims”) against Enlighten Mental Health pty ltd and any of the other Released Parties arising directly or indirectly out of or in connection with my (and/or my participating minor child/ward) attendance at, and participation in, the EMH therapy, courses, events, discussions and I (on behalf of the Releasing Parties) unconditionally and irrevocably forever waive, release, covenant not to sue, and discharge EMH and the other Released Parties from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (“Loss”) arising directly or indirectly out of or in connection with my (and/or my participating minor child/ward) attendance at, and participation in, any activity, course, therapy, discussion with EMH.

Initial Indemnification Agreement

To the extent permitted by law (including the Competition and Consumer Act 2010 (Cth) and the Civil Liability Act 2003 (Qld)), I hereby agree to hold harmless, defend, and indemnify EMH and the other Released Parties from any and all Claims made against, or Loss suffered or incurred by, EMH and the other Released Parties and which arises directly or indirectly as a result of or in connection with my (and/or my participating minor child/ward) attendance at, and participation in, therapy, courses, consuming information on the website, discussions with staff or contractors.

Initial Other Agreements

Venue and Jurisdiction: I understand that if Mediation and Arbitration prove unsuccessful and legal action is brought, the appropriate state or federal trial court for the country of Australia in the State or Territory that the EMH Event, therapy, discussion is held has the sole and exclusive jurisdiction and that only the substantive laws of the State or Territory in which the EMH Event is held shall apply.

Severability:

I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the State or Territory in which the EMH Therapy, event, course or discussion is held and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. Furthermore, notwithstanding anything to the contrary contained within this Agreement, this Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any services pursuant to this Agreement of any provision of any Act of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified.

Entire Agreement

I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me (and/or my participating minor child/ward) am/are and EMH and cannot be modified or changed in any way by representations or statements by any agent or employee of EMH. This Agreement may only be amended by a written document duly executed by all parties.

Mediation and Arbitration

In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalised by a written contractual agreement at that time. Should the issue not be resolved by mediation within sixty (60) days of EMH being notified by you (and/or my participating minor child/ward) of such issue, I agree that all disputes, controversies, or claims arising out of my participation in any EMH event including therapy and courses shall be submitted to binding arbitration in accordance with the applicable rules of the Australian Centre for International Commercial Arbitration then in effect. The seat of arbitration shall be Canberra, Australia. The language of the arbitration shall be English and the number of arbitrators shall be one (1). The cost of such action shall be shared equally by the parties. 

Class Actions: 

I agree that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. 

Claims may not be joined or consolidated unless agreed to in writing by all parties.

Participation in courses or events

Initial Agreements for the Protection of Participants:

  1. I (and/or my participating minor child/ward) am/are in good health and in proper physical condition to safely participate in any EMH Courses and events.

  2. I certify that I (and/or my participating minor child/ward) have no known or knowable physical or mental conditions that would affect my/our ability to safely participate in the EMH course or event, or that would result in my/our participation creating a risk of danger to myself or to others.

  3. I acknowledge that EMH recommends and encourages each participant to get medical clearance from his/her personal physician prior to participation in any courses or events, including Halo-tropic breathe work.

  4. I (and/or my participating minor child/ward) have not been advised or cautioned against participating by a medical practitioner.

  5. I understand that it is my responsibility to continuously monitor my own (and/or my participating minor child/ward’s) physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point my/our continued participation would create a risk of danger to myself or to others.

  6. In the event of an injury to me that renders me (and/or my participating minor child/ward) unconscious or incapable of making a medical decision, I authorise and give my consent to EMH and emergency or medical personnel at the event or course to make emergency medical decisions (including providing emergency medical treatment) on my (and/or my participating minor child/ward’s) behalf (including but not limited to CPR).

  7. I authorise EMH to secure emergency medical care or transportation when reasonably necessary (at my cost and expense)

  8. I acknowledge that EMH has instituted its rules for the protection of the participant and co-participants. I (and/or my participating minor child/ward) agree to familiarise myself/ourselves with those rules and follow them at all relevant times. I also recognise the authority of EMH to halt my/our participation (and, if necessary, have me removed from the premises) if my/our participation, conduct, or presence endangers myself or my co- participants.


Liability Exclusions

I acknowledge and agree that the EMH Events and courses constitutes a recreational service within the meaning of section 139A 

I acknowledge and agree that the EMH Event constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) as the TM Event is (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure.

Provisions of the Competition and Consumer Act 2010 (Cth) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose.

By using this site or participating in events, I agree that:

  • the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are excluded;

  • all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are excluded; and

  • all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of

Part 3-2 of the Australian Consumer Law is excluded,

in relation to the supply of recreational services under this agreement and to the extent any liability is in respect of:

  • death;

  • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

  • the contraction, aggravation or acceleration of a disease; or

  • the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance;

  • occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:

(i) thatis or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community.

I further acknowledge and agree that EMH Courses or events can be a dangerous recreational activity for the purposes of the Civil Liability Act 2003 (Qld) which contains obvious risk as defined in the Civil Liability Act 2003 (Qld), that I have voluntarily assumed the risk of injury, death, loss, harm or damage to me from such obvious risks. 

I acknowledge and agree that EMH and the other Released Parties are not liable for any injury, death, loss, harm or damage to me arising from the materialisation of an obvious risk from the dangerous recreational activity. 

I acknowledge that pursuant to the Civil Liability Act 2003 (Qld), EMH and the other Released Parties are not obliged to warn me of an obvious risk from the EMH and that the obligation is upon me to request advice or information in respect of any obvious risk.

Acknowledgment of Understanding: 

  • I have read this Assumption of Risk, 

  • Waiver of Liability, 

  • Indemnification Agreement, 

  • and the Liability Exclusions and fully understand its terms.

 I am 18 years or over and I understand that I (and/or my participating minor child/ward) am/are giving up substantial rights, including my/our right to sue. 

I further acknowledge that I (and/or my participating minor child/ward) am/are signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditionally release of all liability due to ORDINARY NEGLIGENCE of EMH (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by the laws in force of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia in which the EMH course or  event is held.

At Enlighten Mental Health pty ltd we want you to feel safe and ground your opinions in facts, thus we aim to empower you through education- that’s why we share evidence based research from trusted sources. That said, we do not provide medical guidance or encourage the recreational use of psychedelics or any other illegal substances. We encourage people to follow the law. We do not support the recreational use of psychedelic substances or other illicit drugs. Please do not contact us for the purposes of sourcing these substances as we are unable to assist.

Limitations

In no event shall Enlighten Mental Health pty ltd or its suppliers or partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Enlighten Mental Health’s website, even if Enlighten Mental Health or a Enlighten Mental Health authorised representative has been notified orally or in writing of the possibility of such damage. Because some Australian states and foreign jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on Enlighten Mental Health’s website could include technical, typographical, or photographic errors. Enlighten Mental Health does not warrant that any of the materials on its website are accurate, complete or current. Enlighten Mental Health may make changes to the materials contained on its website at any time without notice. However, Enlighten Mental Health does not make any commitment to update the materials.

Links

While we take great care in reviewing the materials on our websites and the links we provide, we cannot possibly keep up to date3 with the changing nature of other websites and the changing nature of the internet. Enlighten Mental Health ptd ltd has not reviewed all of the sites linked to its website in their entirety and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Enlighten Mental Health of the site. Use of any such linked website is at the user’s own risk.

Affiliates

Some links on this website may be affiliate links and Enlighten Mental Health ptd ltd may receive compensation.

Modifications

Enlighten Mental Health ptd ltd may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Copyright

enlightenmentalhealthaustralia.org is owned by Enlighten Mental Health pty ltd. Permission to reproduce, adapt, distribute, or transmit any content from this site must be obtained from Enlighten Mental Health ptd ltd. This website and all information contained remains the intellectual property of Enlighten Mental Health pty ltd.