Our Terms and Conditions

1. Terms of use

These Terms of Use govern your use of the mgdays.com website (‘the Website’) which is owned and operated by More Good Days Pty Ltd (ACN 651 911 134) (‘we’, ‘us’, ‘our’, ‘More Good Days’). By accessing and using the Website or by clicking ‘I Accept’ when signing up for an account on the Website, you agree to be bound by, and responsible for complying with, these Terms of Use.

We may change these Terms of Use from time to time. Your use of the Website following any such change to the Terms of Use will confirm your acceptance of these changes.

2. General Terms

If More Good Days accepts your application, a contract forms between you and More Good Days with the following terms.

  • More Good Days agrees to provide you access, via this website, to the product you applied for by use of the username and password allocated to you for that purpose.
  • You are to keep your username and password secure and confidential, and are responsible for all activity carried out under that username.
  • When accessing the product, you agree to adhere to our Terms and Conditions as current at the date your Application Form was accepted by More Good Days.

Your right to access a product:

  • is not exclusive;
  • is personal and not transferable; terminates if there is no activity on your username for at least 3 months, or 12 months after issue of your username, whichever is earlier.

You acknowledge a product:

  • is a course of learning that aims for (but does not guarantee) you to reduce and manage your pain symptoms - More Good Days does not however, offer assurance that every customer will profit from a course to the extent he, she or More Good Days would hope for.
  • If, for example, the source of continuing pain has been misdiagnosed by a health professional, a course outcome might not reduce and manage pain symptoms;
  • requires you study the course, in the order in which presented, and take those active steps the product requires;
  • is not a substitute for advice from and treatment by a health professional. Any advice provided in a product is intended to be general information only and that such advice may not be appropriate for your situation or health condition.
  • may include access to More Good Days therapy services in addition to the digital product.

You acknowledge a product is proprietary to More Good Days, and may not be copied in whole or in part (includes by screen shot, download to a memory device, upload to any server) nor shared with a third party. More Good Days reserves all rights in its product, except allowing its customers non-exclusive licences to access the product via the website.

In Australia, More Good Days' provision of a product comes with certain 'consumer guarantees' under the Australian Consumer Law that cannot be contracted out of.  Nothing in these terms excludes those consumer guarantees if the Australian Consumer Law applies.

3. Nature of use 

The service offered by More Good Days 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 www.lifeline.org.au.

4. Nature of advice

While we make every effort to make sure the information in this website, our platform and the Content is accurate and informative, the information does not take the place of professional or medical advice.In no circumstances should any  upon without independent consideration and confirmation by a qualified medical practitioner. 

Do not use our information: to diagnose, treat, cure or prevent any disease; for therapeutic purposes; as a substitute for the advice of a health professional. We do not accept any liability for any injury, loss or damage caused by use of the information provided in our website, our platform and Content.

5. Providers

The Website is a platform through which people may obtain psychology services from qualified Australian psychologists (‘Providers’). The Providers who provide psychology or therapy services are independent contractors and the advice they provide is independent of More Good Days.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.

6. Telehealth Services

These online services may be used to connect you with a Provider who will provide services to you.

We require every Provider providing telehealth services to be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Practitioners must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.

Our telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Service Providers who provide them. If you feel the Services provided to you do not fit your needs or expectations, you may change to a different Provider who provides services through More Good Days.

While we hope the Services are beneficial to you, you understand, agree and acknowledge that these services may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers. 

We reserve the right to restrict or terminate your service based on clinical governance requirements and ethical standards that may be impacted by dual relationships with other practitioners.

By agreeing to these Terms & Conditions you hereby acknowledge that the Services provided by the website do not constitute a replacement for in-person care from Doctors or other medical professionals, especially in circumstances of medical or mental health emergencies and crises. In the event of such emergencies, please call triple zero (000) immediately.

7. User Account & Consent

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms. 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:

  • provide complete and accurate information;
  • keep your personal information accurate and up to date at all times;
  • not create more than one user account;
  • not use another person’s account;
  • must immediately notify us of unauthorised use of your user account;
  • not create a new user account if your account is disabled by us; and
  • remain responsible for maintaining the confidentiality of your password and username 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.

8. Website terms of use

You may only use the Website for lawful purposes, in a responsible and cooperative manner, and in accordance with these Terms of Use. You may not:

  • use the Website in any way that could damage our reputation or goodwill or other rights associated with the More Good Days brand or the More Good Days digital platform;
  • permit any person to access and use the Website other than in accordance with these Terms of Use;
  • disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of the Website by you or any other person;
  • except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so: reproduce, make error corrections to or otherwise modify or adapt the Website or create any derivative works based upon the Website; ordecompile, disassemble or otherwise reverse engineer the Website or permit or facilitate any third party to do so;

When accessing and using the Website:

  • 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;
  • 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; orattempt 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;
  • 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);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;
  • remove or modify any program markings or any notice of proprietary rights, including those of any third party;
  • use any automated processes or means to access the Website;
  • use any software or manual repetition that will or is likely to interfere with the Website; or 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.

9. Fees and Payment

In purchasing from our platform you agree to:

  • pay using a valid credit card (or other form of payment as we may allow);
  • pay through any method of payment on the Website as we decide in our discretion;
  • provide current and complete information as required for payment (which may include full legal name, email address, credit card details and billing information) you also agree to update this information as necessary and that if this information you provide is incorrect we may refuse to provide you with our services; and
  • pay all costs, fees, charges, applicable taxes and other charges that may be incurred in respect of your purchase.

All costs are in Australia Dollars and inclusive of Goods and Services Tax unless otherwise indicated. 

If your payment is declined (for example, because of incorrect payment details or insufficient funds) and you do not correct the issue within five days (or cancel your account), we may cancel your account or suspend access to our platform until payment has been received. 

You remain responsible for any outstanding payments owing to us and you authorise us to charge any outstanding payments to your updated payment method.

10. Refunds, Cancellations & No Shows

Please refer to our Cancellation Policy.

11. Promotions and Discounts

We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms of Use and any other terms and conditions specified by us.

12. Modifications, Termination, Interruption and Disruptions to the Website

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.

13. Security

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 Website.

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 or breached.

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.

14. Continued Development

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.

15. Links

This website, our platform and Content contains links to other websites. We provide these to help you find more information. We are careful in selecting the websites we link to, but we are not responsible for and do not necessarily endorse their information. You need to make your own decisions about the accuracy, currency, and reliability of information in linked websites.

16. 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 More Good Days 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 More Good Days 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 More Good Days, 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 Linked Site.

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 accordance with our Privacy Policy. We, however, do not warrant and cannot ensure 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.

17. Indemnity

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 indemnity basis) resulting from your failure to comply with these Terms of Use.

18. Applicable Law

The Website is controlled from our office in Victoria. These Terms and Use will be governed by and construed in accordance with the laws of Victoria.

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.