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All Rights Reserved. Copyright of Psychology Evolved 2025
Terms of Service
1. Introduction
This Terms of Service (“Terms“) is published in compliance with the privacy laws applicable in the State of NSW, along with other applicable regulations.
Welcome to www.psychologyevolved.com.au (the “Website“) and/or its related mobile learning application (the “Application“) (collectively referred to as the “Platform“). For the purpose of these Terms, accessing the Platform and any study material available, uploaded, or downloaded from it will be collectively referred to as the “Services.”
The Platform is owned by Psychology Evolved.
These Terms form a legally binding agreement between Psychology Evolved (“We,” “Us,” or “Our“) and each individual user (“You,” “Your,” or “User“). By accessing or using the Platform—including registering, browsing, sharing, or downloading any Services—You agree to be bound by these Terms. If You do not agree, please do not access or use the Platform or Services.
Access to password-protected or secure areas of the Platform is restricted to registered Users only. You must not attempt to gain unauthorized access to such areas or any other protected information through any means not expressly provided by Us. Violating this provision may constitute an offense under applicable laws.
We reserve the right to update these Terms at any time without prior notice. By continuing to use the Website or Services (whether paid or free), You accept any modifications made to these Terms. Please read this document carefully before proceeding
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access
the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Definitions & Interpretations
Unless otherwise specified, the definitions and interpretation rules set out in Schedule I apply to these Terms of Service.
Eligibility
Unless otherwise specified, the definitions and interpretation rules set out in Schedule I apply to these Terms of Service.
If you are accessing or utilizing our psychological services on behalf of an organization (such as a school, healthcare facility, or corporate entity), you confirm that you have the authority to bind that organization to these Terms of Use, unless a separate written agreement exists between your organization and us that explicitly governs such engagement.
By accessing or using our platform, you represent and warrant that you comply with all applicable Australian laws and regulations. You agree to use the platform solely in accordance with these Terms and in a manner that does not infringe upon our legal rights or those of any third party.
By accessing or using the Platform, You represent and warrant that You comply with all applicable laws. You agree to use the Platform only in accordance with these Terms and in a manner that does not infringe on Our legal rights or those of any third party.
Individuals who are legally capable of entering into contracts under applicable law are eligible to register for and use Our Platform, products, and Services. Minors, undischarged insolvents, or otherwise legally incapacitated individuals are not eligible to register. If a minor wishes to use Our Services, their parent or legal guardian must provide consent and agree to these Terms. By allowing a minor to use the Platform, the parent or legal guardian assumes full responsibility for such use.
We are not liable for any consequences arising from the misuse of the Platform by any user, including minors who register without proper consent. By using Our Services, You warrant that all information provided is accurate and complete, and that, in the case of a minor, proper parental or guardian consent has been obtained.
We reserve the right to terminate Your access to the Platform if We discover that You are under 18 and do not have the required parental or guardian consent, or if any information provided by You is false or misleading. It is solely Your responsibility to ensure You meet the eligibility criteria.
Users under 18 must seek parental or legal guardian consent before sharing any personal information about themselves or their family on the Platform.
General Use of Services & User Restrictions
1. By using the Services and accessing the Platform, You agree to follow all applicable guidelines, policies, notices, and instructions issued by Us. We may update these at any time, and such updates will take effect upon publication on the Platform.
2. You further agree NOT to:
- Impersonate any person or entity or misrepresent Your affiliation with any person or organization.
- Use the Platform or Services for any unlawful purpose.
- Attempt to gain unauthorized access to, interfere with, or disrupt other systems or networks connected to the Platform.
- Post, promote, or transmit any Prohibited Materials through the Platform or Services.
- Disrupt or interfere with another User’s experience of the Platform or Services.
- Upload or use any software or material containing viruses, malicious code, or harmful components that may compromise the Platform’s data or the functionality of another User’s system.
- Use the Platform or Services in violation of any applicable laws, internet standards, or acceptable use policies of any connected networks.
3. We may, at any time and without prior notice, upgrade, modify, suspend, or discontinue the Platform or any Services, in whole or in part. We are not liable if such changes prevent You from accessing the Platform or Services.
4. Additionally, We reserve the right (but are not obligated) to:
5. Monitor, screen, or control any activity, content, or material on the Platform and investigate any violations of these Terms. We may take appropriate action at Our sole discretion.
6. Restrict or prevent any User’s access to the Platform or Services.
7. Report suspected violations of laws or regulations to the relevant authorities and cooperate with them.
8. Request information from You regarding Your use of the Services or Platform. If You refuse to provide such information or provide inaccurate, misleading, or fraudulent details, We may exercise Our rights under this section.
9. All purchases of Services are subject to these Terms of Service. If You use a Discount, the Discount terms (as specified in Schedule II) will apply. Certain features or enhanced versions of the Services may be subject to additional terms and conditions, which will remain in full effect.
Limited License
Subject to these Terms of Service, We grant You a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services on the Platform. You agree not to copy, reproduce, duplicate, sell, resell, or commercially exploit the Services without Our express written consent. You also agree not to frame or use framing techniques to enclose any trademark, logo, or proprietary information, including images, text, page layout, or form belonging to the Platform, Us, or Our affiliates, without Our express written consent.
Third Party Content
ome information or materials available through the Services may be provided by third parties, including other Users, with whom We are not affiliated. We make no warranties regarding the accuracy, reliability, or completeness of such information and assume no responsibility for any decisions made based on it. The Services may also contain links to third-party websites or services (“Third-Party Links”). Your interactions with these Third-Party Links are subject to their respective terms and privacy policies, over which We have no control. We do not endorse, guarantee, or assume responsibility for any content, products, services, or practices of these Third-Party Links. The inclusion of any Third-Party Links does not imply Our endorsement or association with their operators.
WE DISCLAIM ALL RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR OTHER PRACTICES OF ANY THIRD PARTY. WE EXPRESSLY DISCLAIM ANY WARRANTY REGARDING THE COLLECTION, PROCESSING, SHARING, OR RETENTION OF YOUR PERSONAL OR OTHER INFORMATION BY ANY THIRD PARTY
Privacy Policy
The Platform does not disclose, share, sell, or rent User information to any third party. By using the Platform, You acknowledge that We may collect certain personal information from You in accordance with Our Privacy Policy. You acknowledge and agree that providing such information is voluntary. Any disclosures of information to third parties are governed by Our Privacy Policy.
Disclaimer of Warranties and Liabilities
1. You expressly understand and agree that, to the maximum extent permitted by law, the Platform and Services are provided on an “as is” basis without any warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of title, non-infringement, satisfactory quality, or fitness for a particular purpose. We disclaim any liability for third-party products or services. You acknowledge that the Platform and its functions may contain bugs, errors, or defects for which We assume no responsibility. Your use of the Platform and related links is at Your sole risk.
2. Without limiting the foregoing, We do not warrant that the Services:
a. will be timely, reliable, and free from errors or bugs;
b. will meet the User’s specific requirements;
c. will ensure that all errors are corrected; or
d. will be compatible with all operating systems, smartphones, tablets, laptops, desktops, networks, or all versions thereof.
3. You accept the risk that any information transmitted or received through the Platform may be accessed by unauthorized third parties. Internet transmissions and electronic communications may experience interruptions, blackouts, delays, or data loss due to their public nature.
4. You acknowledge that You are solely responsible for any damage to Your computer system or data resulting from downloading materials from the Platform.
5. The information and services provided through this platform are intended solely for educational and informational purposes. They are not designed to replace or replicate any formal academic curriculum or accredited educational program.
6. While we strive to offer valuable insights and guidance, we do not guarantee specific outcomes or results from the use of our services, including but not limited to performance in examinations or assessments.
7. Furthermore, the content and services offered are not a substitute for professional psychological advice, diagnosis, or treatment. They are not intended to establish a psychologist-client relationship. Users should not disregard or delay seeking professional advice from a qualified mental health practitioner based on information obtained from this platform.
8. We disclaim all liability for any loss or damage arising directly or indirectly from the use of our services or reliance on any information provided.
Limitation of Liability
1. We shall, in no event, be liable for any special, incidental, indirect, or consequential loss arising from the Services, including but not limited to direct or indirect loss of income, profit, data, opportunity, or any liability related to recovery or damage. Users are advised to verify all information available on the Platform before relying on it. We disclaim any responsibility for misinformation, inaccuracies, data theft, system damage, or any other loss resulting from Third-Party Links. These Terms of Service do not govern the use of Third-Party Links, and We assume no liability for any interactions with such links.
2. The limitations and exclusions set forth in this section apply to the maximum extent permitted by applicable law.
User Content
1. You acknowledge that You are solely responsible for any content that You or Your authorized users create, transmit, display, use, store, or redistribute while using Our Services. If any confidential or personally identifiable information is used in the Services, You understand that it may be viewed, read, modified, or deleted by other Users. We have no obligation concerning any User content and shall not be responsible for its deletion, correction, destruction, damage, or loss. If We receive notice that any content created by a User violates any law or infringes third-party rights, We reserve the right to immediately suspend the User’s access to the Services without prior notice.
2. You are responsible for ensuring the accuracy, legality, quality, integrity, and intellectual property ownership of Your content. Your content must comply with these Terms of Service, Our Privacy Policy, and all applicable laws and regulations. You acknowledge that We may access, use, preserve, or disclose Your account information and User content in response to a court order or directives from law enforcement agencies. Such disclosure may be necessary to
(i) comply with legal requirements,
(ii) enforce these Terms of Service,
(iii) address security or technical issues,
(iv) detect or prevent fraud, or
(v) protect the rights, property, or safety of Us, Our Users, or the public,
as permitted by law.
3. You agree not to upload any content that violates these Terms of Service, Our Privacy Policy, or any other applicable policies or laws. If any such content is uploaded from Your account, for any reason, You must promptly remove it from the Platform.
Access to Services and Client Information
1. Clients may access psychological services directly through agreed-upon communication channels (e.g., in-person sessions, telehealth platforms, or other methods as arranged), without the need to create a user account.
2. In the course of providing psychological services, we may collect personal information, including but not limited to your name, contact details, and relevant health information. This information is collected solely for the purpose of delivering appropriate psychological care and is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
3. All personal information collected is treated with strict confidentiality. We implement appropriate security measures to protect your data from unauthorized access, disclosure, or misuse.
4. Clients are responsible for providing accurate and up-to-date information relevant to their psychological care. Any changes to personal information should be communicated promptly to ensure the effectiveness of the services provided.
5. By engaging our services, you consent to receive communications related to your care, including appointment reminders and relevant updates, through your preferred contact method. You may opt out of non-essential communications at any time by notifying us in writing.
6. We reserve the right to modify or discontinue services as necessary, with appropriate notice provided to clients. In the event of service termination, clients will be informed and assisted in transitioning to alternative care if required.
Intellectual Property Rights
1. All content on the Platform, including but not limited to Our trade names, logos, images, and Services, constitutes proprietary information (“Intellectual Property”) of Psychology Evolved and its affiliates, agents, directors, and employees. No Intellectual Property may be copied, reproduced, republished, posted, distributed, or transmitted in any form without Our prior written consent.
2. We respect the intellectual property rights of others, and You agree to protect Our Intellectual Property and the rights of third parties in the Platform both during and after the term of these Terms of Service. Users are prohibited from uploading, posting, or transmitting any materials that infringe upon third-party intellectual property rights. You may not reproduce, reverse engineer, decompile, disassemble, separate, modify, distribute, republish, display, broadcast, hyperlink, mirror, frame, transfer, transmit, store, or install any part of the Platform or Services on any system, server, or retrieval system without Our express written permission. You may, however, download, print, or use the Services for personal, non-commercial purposes, provided that You do not modify the content and retain all proprietary notices contained in the Services.
3. Trademarks: The trademarks displayed on the Platform are either registered or unregistered trademarks owned by Us or third parties. Nothing in these Terms of Service or on the Platform shall be construed as granting, by implication, estoppel, or otherwise, any right or license to use these trademarks (including as a meta tag or hyperlink) without Our prior written consent or that of the applicable trademark owner.
4. You expressly agree that You shall not:
(i) Take any action that could impair Our or Our service provider’s rights, title, or interest in any trademarks, or create any adverse rights, title, or interest in such trademarks;
(ii) Use the trademarks in connection with any goods, services, or purposes other than those displayed on the Platform;
(iii) Register or use deceptively similar trademarks in any jurisdiction.
5. If We receive a valid notice of alleged intellectual property infringement, We may promptly remove or disable access to the infringing material and may also terminate the accounts of repeat infringers.
6. If You are the owner of intellectual property rights or an authorized agent and believe that any content on the Platform infringes upon Your rights, You may submit a notice to us via email at admin@psychologyevolved.com.au
7. References on the Platform to third-party names, trademarks, products, services, or Third-Party Links are provided solely for convenience and do not constitute or imply Our endorsement, sponsorship, or recommendation of such third parties or their offerings.
Representations and Warranties
You represent and warrant that You have the necessary rights, licenses, authorizations, or permissions to post, upload, or publish any video, image, text, software, information, or other content on the Platform. You further agree to indemnify Us against any claims arising from Your failure to obtain such rights. By posting, uploading, or publishing content on the Platform, You grant Us an unrestricted right to use, reproduce, modify, distribute, display, and perform such content without limitation.
Termination
1. This Terms of Service remains in effect until terminated by either You or Us. We reserve the right, at Our sole discretion, to immediately terminate, limit, or suspend Your account, and/or restrict Your access to the Platform without prior notice if You violate any provision of this Terms of Service. In the event of non-payment of Subscription Fees, We may also terminate Your access to the Platform.
2. If You wish to terminate Your User Account, You may do so by following the instructions provided on the Platform. Upon termination, You will lose access to the Platform and its Services. However, termination does not cancel Your obligation to pay for any products or services already ordered, nor does it affect any liabilities incurred under Your User Account prior to termination.
Refunds and Cancellations
1. Cancellations: All sales made on the Platform are final, and You shall not be entitled to cancel Your purchase once confirmation has been received. However, We reserve the right to cancel any order at Our sole discretion in the event that
(i) We are unable to fulfill the order satisfactorily, or
(ii) the User attempts to exploit the system in violation of these Terms of Service.
In such cases, We will communicate the cancellation and any applicable refund within a reasonable timeframe.
2. Refunds: Refunds are only available in cases of non-delivery of Your purchase. To request a refund, please email admin@psychologyevolved.com.au. Approved refunds will be processed directly to the original payment method within 30 business days from claim approval.
Indemnity
1. You agree to indemnify, defend, and hold Us, including Our affiliates, agents, directors, and employees, harmless from any losses, liabilities, claims, damages, costs, and expenses (including legal fees and applicable interest) arising from or related to
(i) any breach or non-performance of Your obligations under these Terms of Service,
(ii) any third-party claims resulting from Your use of the Platform,
(iii) any claim that Your content caused harm to a third party, or
(iv) Your violation of these Terms of Service or any third-party rights, including intellectual property rights.
2. To the maximum extent permitted by law, We, along with Our officers, directors, employees, agents, and suppliers, shall not be liable for any special, incidental, indirect, consequential, or punitive damages, including but not limited to loss of use, data, or profits, whether foreseeable or not, and whether based on breach of contract, warranty, negligence, or any other legal theory, arising from or related to Your access to or use of the Platform and its Services.
Grievances Redressal
For any questions or comments regarding this Privacy Policy and Our privacy practices, You may contact Us at:
Governing Law and Jurisdiction
1. These Terms of Service shall be governed by and construed in accordance with the laws of Australia. Any dispute arising from or relating to the Platform or these Terms of Service shall be submitted to the exclusive jurisdiction of the courts located in NSW.
2. We agree to resolve such disputes through the Dispute Resolution clause stated in this Terms of Service, which shall be binding on both parties.
3. You further agree that, notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or the use of the Platform must be filed within 30 days from the date the claim or cause of action arose, or it shall be permanently barred.
Dispute Resolution, Mediation and Arbitration
The parties agree that any dispute, controversy, or claim arising out of or in connection with this Agreement, including its validity, interpretation, performance, breach, or termination, shall be addressed in a structured and cooperative manner as follows:
Amicable Settlement
In the first instance, the parties shall make genuine and good faith efforts to resolve any dispute through amicable discussions and negotiation. Either party may initiate this process by providing written notice to the other party outlining the nature of the dispute and proposing a meeting to resolve the matter.
Mediation
If the dispute remains unresolved within 14 days of the initial notice, the parties agree to refer the matter to mediation administered by the Resolution Institute of Australia or another mutually agreed mediation provider.
- The mediation will be conducted in accordance with the mediator’s standard rules and procedures.
- The costs of mediation shall be shared equally by both parties, unless otherwise agreed.
- Both parties shall participate in good faith, with the intent to resolve the dispute without further escalation.
Arbitration
If the dispute is not resolved through mediation within 30 days of referral, either party may elect to refer the dispute to binding arbitration in accordance with the Arbitration Rules of the Resolution Institute of Australia.
- The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement, or if no agreement is reached, by the Resolution Institute.
- The arbitration shall take place in the state or territory where the Services were provided, and the decision of the arbitrator shall be final and binding on both parties.
Court Proceedings for Urgent Relief
Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief in a court of competent jurisdiction where such relief is necessary to protect confidential information, intellectual property, or prevent irreparable harm.
Dispute Resolution
- In the event of any dispute, controversy, or claim arising out of or in connection with this Agreement, including its interpretation, performance, breach, or termination, the parties agree to make genuine and good faith efforts to resolve the matter through informal negotiations.
- If the dispute cannot be resolved within 14 days of written notice being provided by either party, the parties agree to refer the dispute to mediation administered by the Resolution Institute of Australia, or such other mediation body as mutually agreed, in accordance with its Mediation Rules. The costs of mediation shall be shared equally unless otherwise agreed.
- If the dispute remains unresolved 30 days after referral to mediation, either party may seek a binding resolution through arbitration or commence legal proceedings in a court of competent jurisdiction in the state or territory where the services were provided.
- Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court where necessary to protect its rights.
Miscellaneous
No Partnership
You acknowledge and agree that these Terms of Service do not create any joint venture, partnership, employment, or agency relationship between You and Us, or between Us and any other party, as a result of Your access to or use of the Platform.
Severability
If any provision of these Terms of Service is determined to be unenforceable under applicable law, that provision shall be modified only to the extent necessary to make it enforceable. If modification is not possible, the unenforceable provision shall be deemed severed from these Terms of Service, and the remaining provisions shall continue in full force and effect.
Force Majeure
We shall not be held liable for any unavailability of the Platform or its content due to events beyond Our reasonable control, including but not limited to acts of God, war, riots, civil unrest, strikes, lockouts, pandemics, epidemics, government imposed lockdowns, natural disasters, infrastructure failures, utility outages, or any other force majeure event.
Waiver
Our failure to enforce any provision of these Terms of Service, or to act upon a breach by You or others, does not constitute a waiver of Our rights. We retain the right to enforce Our rights in connection with any such breach or any future breaches.
Survival
The provisions of Sections 3, 7, 10, 11, and 14 shall survive the termination or expiration of these Terms of Service.
Entire Agreement
These Terms of Service, together with the Privacy Policy available on the Platform, constitute the entire agreement between You and Us regarding Your use of the Platform, superseding all prior agreements, understandings, or representations, whether written or oral.
Amendments
We reserve the right to modify these Terms of Service at any time by providing notice through the Platform or other means, including email. Such modifications shall take effect on the date specified in the notice. Your continued use of the Platform or Services after the effective date of any amendments constitutes Your acceptance of the changes. If You do not agree to the modifications, You must discontinue use of the Platform and Services and may terminate these Terms of Service as outlined in Section 14 (Termination).
Currency
All monetary references in these Terms of Service shall be in Australian Dollars (AUD).
Language
If these Terms of Service are translated into a language other than English, the English version shall prevail in case of any discrepancies or conflicts.
Binding and Conclusive Records
You acknowledge and agree that any records maintained by Us or Our service providers, including but not limited to records of communications related to the Services, shall be binding and conclusive evidence of any information exchanged between You and Us. Such records shall be admissible as evidence, and You agree not to dispute their admissibility, reliability, accuracy, or authenticity.
Subcontracting and Delegation
We reserve the right to delegate or subcontract any of Our obligations related to the Platform and/or Services to third-party service providers, subcontractors, or agents, on terms We deem appropriate.
Correction of Errors
Any typographical, clerical, or other errors or omissions in any document issued by Us, including invoices or confirmations, may be corrected by Us without incurring any liability.
SCHEDULE I
DEFINITIONS AND INTERPRETATION
Definitions
“Intellectual Property” refers to all forms of proprietary rights, including copyrights, patents, utility innovations, trademarks, service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, goodwill and reputation, and any similar or corresponding proprietary rights. This includes all applications for such rights, whether currently existing or created in the future, worldwide, whether registered or not. It also encompasses all benefits, privileges, rights to sue, recover damages, and seek remedies for any past, present, or future infringement, misappropriation, or violation of these rights.
“Losses” include all penalties, losses, settlement amounts, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
“Personal Data” means any information that can be used to identify, contact, or locate You, whether true or not. This includes, but is not limited to, Your name, email address, billing and shipping address, phone number, and payment details. Personal Data also includes any data You provide to Us when making a purchase, regardless of whether You have an account with Us.
“Prohibited Material” refers to any information, graphics, photographs, data, or other materials that:
(i) contain viruses, malware, or other harmful code;
(ii) infringe upon any third-party Intellectual Property or proprietary rights;
(iii) are defamatory, libelous, or threatening;
(iv) are obscene, pornographic, indecent, fraudulent, counterfeit, stolen, harmful, or otherwise illegal under applicable law; and/or
(v) are, in Our sole opinion, offensive or otherwise objectionable.
“Trademarks” refers to the trademarks, service marks, trade names, and logos used and displayed on the Platform.
Interpretation
Any reference in these Terms of Service to a statutory provision shall be interpreted as referring to that provision as amended, re-enacted, or extended at the relevant time. The terms “include,” “includes,” or “including” shall always be understood to mean “including without limitation.” Unless explicitly stated otherwise, all references to a number of days refer to calendar days, and terms such as “month” or “monthly” refer to calendar months. Clause headings are provided for convenience only and shall not affect the interpretation of these Terms of Service. In the event of any conflict or inconsistency between provisions within these Terms of Service, whether within the same or different documents, the provision most favourable to Us shall prevail.