well-r

Terms & Conditions

These Terms & Conditions ("Terms") govern your use of well-r, a searchable online directory that allows practitioners to publish their business details and be found and contacted by members of the public seeking treatment in a particular modality.

These Terms apply specifically to well-r. They do not affect any separate terms that apply to your professional membership.

Personal information collected in connection with well-r is handled in accordance with the separate well-r Privacy Policy.

1. Introduction and Acceptance

These Terms govern your use of well-r ("we", "us", "our"), an online directory that allows current IICT members to create a public profile (a "Listing") describing their practice and allows members of the public to search well-r and make contact with a practitioner directly.

By creating or maintaining a Listing, or by browsing, searching, or contacting a practitioner through well-r, you agree to be bound by these Terms. If you do not agree, please do not use well-r.

We may revise these Terms from time to time. Where a change may materially affect Practitioners, we will give at least 14 days' notice by email or by notice on well-r before the change takes effect; other changes take effect from the date of publication on well-r. If a change is materially detrimental to a Practitioner, the Practitioner may close their Listing without penalty by notifying us within 14 days of the change taking effect. Continued use of well-r after a change takes effect is deemed acceptance of the revised Terms.

2. Definitions

• "well-r" means this online practitioner directory, and any successor service.

• "IICT" means the International Institute for Complementary Therapists.

• "Practitioner" or "Member" means a current IICT member who has created a Listing on well-r.

• "Listing" means the business and profile information a Practitioner uploads and publishes to well-r.

• "Customer" or "User" means any person who searches, browses, or contacts a Practitioner through well-r.

• "Treatment" means any therapy, service, consultation, or advice provided by a Practitioner, however arranged.

3. Eligibility to Create a Listing

3.1 Only current IICT members in good standing may create or maintain a live Listing on well-r.

3.2 A Practitioner must hold current, valid professional indemnity insurance and appropriate accreditation for every modality advertised in their Listing and must be able to provide evidence of this on request.

3.3 We may decline to publish, suspend, or remove a Listing at our sole discretion, including where the Practitioner's IICT membership lapses, is suspended, or is terminated.

4. Practitioner Warranties and Obligations

By creating a Listing, a Practitioner warrants and agrees that they will:

• provide information that is true, accurate, complete, and current, and promptly update their Listing when any details change;

• maintain, for the duration their Listing is published, all qualifications, accreditations, and professional indemnity insurance relevant to the modalities advertised;

• comply with all applicable laws in the conduct of their practice, including health practitioner regulation, consumer protection, and privacy law;

• not make false, misleading, or deceptive claims about any Treatment, its efficacy, or their qualifications;

• maintain therapist/client confidentiality in respect of any information received about a customer, including via a well-r enquiry;

• act as an independent practitioner, and not as an agent, representative, or employee of well-r, in respect of any Treatment provided.

5. Nature of well-r --- No Endorsement or Referral Warranty

5.1 well-r is a listing and search tool only. A Practitioner's inclusion on well-r confirms that, at the time of publication, they were a current IICT member --- it is not, and must not be represented as, an endorsement, guarantee, or recommendation by us of any Practitioner, their skills, or the suitability of any Treatment for a Customer's needs.

5.2 We do not vet, supervise, or control any interaction, booking, or Treatment arising between a Practitioner and a Customer as a result of well-r.

5.3 We are not a party to, and have no involvement in, any arrangement, contract, booking, payment, or Treatment agreed between a Practitioner and a Customer. Any such arrangement is strictly between the Practitioner and the Customer.

6. Use of well-r by Customers

6.1 well-r is provided as a convenience to help Customers search for and identify practitioners by modality, location, or other criteria.

6.2 We make no warranty as to the accuracy, completeness, or currency of any Listing. Customers should independently verify a Practitioner's qualifications, accreditation, and insurance directly with the Practitioner before engaging their services.

6.3 The decision to contact, engage, or receive Treatment from any Practitioner found through well-r is made entirely at the Customer's own discretion and risk.

6.4 A Customer must be at least 18 years old, or have the consent of a parent or guardian, to search, browse, or contact a Practitioner through well-r.

7. No Liability for Treatments or Services

7.1 To the maximum extent permitted by law, we exclude all liability for any loss, damage, injury, illness, or expense of any kind arising from or in connection with any Treatment, advice, or interaction between a Practitioner and a Customer, whether first arranged through well-r.

7.2 This exclusion applies regardless of whether a claim is framed in contract, tort (including negligence), under statute, or otherwise, and extends to us and our officers, directors, employees, agents, and suppliers.

7.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the law applicable to a Practitioner or Customer, including (where applicable) the Australian Consumer Law, or equivalent consumer protection laws of the jurisdiction in which the Practitioner or Customer is located.

7.4 Complaints about a Treatment or a Practitioner's professional conduct should, in the first instance, be raised directly with the Practitioner. Where a complaint raises a possible breach of a Practitioner's IICT membership standards or code of conduct, it may separately be referred to IICT for consideration under its member complaints process.

8. Listing Content and Moderation

8.1 We may review, edit, decline, or remove any Listing (or part of a Listing) that we consider, in our sole discretion, to be inaccurate, misleading, unlawful, or in breach of these Terms.

8.2 By submitting a Listing, a Practitioner grants us a royalty-free, worldwide, non-exclusive licence to reproduce, display, and distribute the submitted content (including text, images, and business details) for the purpose of operating, promoting, and improving well-r.

8.3 A Practitioner remains solely responsible for the accuracy and legality of the content of their own Listing.

9. Intellectual Property in well-r

We (or our licensors) own all intellectual property rights in well-r, including its name, logo, trademarks, software, design, and look and feel. Nothing in these Terms transfers any such rights to a Practitioner or Customer, and no licence is granted to a Practitioner or Customer in respect of well-r itself, other than the limited right to access and use well-r in accordance with these Terms.

10. Prohibited Conduct

Users of well-r must not:

• submit false, defamatory, obscene, or unlawful content, or content that infringes another party's intellectual property rights;

• upload any virus, worm, or other harmful or destructive code;

• harvest, scrape, or collect Practitioner or Customer contact details for unsolicited marketing or any purpose unrelated to a genuine treatment enquiry;

• impersonate any person or misrepresent an affiliation with well-r, IICT, or any Practitioner.

11. Suspension and Termination

11.1 We may suspend or remove a Listing, or restrict a customer's access to well-r, immediately where we reasonably believe these Terms or the law have been breached, or otherwise on 7 days' written notice without cause. A Listing will also be removed on lapse, suspension, or termination of the Practitioner's IICT membership.

11.2 A Practitioner may close or remove their Listing at any time, without penalty, by notifying us or via their well-r profile settings. Removal will take effect within a reasonable time of the request being received.

12. Indemnification

Each Practitioner and Customer agrees to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs (including reasonable legal fees) arising from: (a) their breach of these Terms; (b) their use of well-r; or (c) in the case of a Practitioner, the provision of any Treatment, and in the case of a Customer, the receipt of any Treatment, arranged through well-r.

13. Limitation of Liability --- the well-r Service

13.1 Separately from clause 7 (which excludes liability for Treatments), well-r is provided on an "as is, as available" basis. We do not warrant that well-r will be uninterrupted, error-free, or free of viruses or harmful code.

[13.2 To the maximum extent permitted by law, our total liability for any claim arising out of or in connection with the operation of well-r itself (as distinct from any Treatment) shall not exceed the greater of (a) the fees, if any, paid by the claimant for use of well-r in the twelve months preceding the claim, and (b) AUD $500.]

14. Third Party Rights

The protections in clauses 7, 12, and 13 are for the benefit of us and our officers, directors, employees, agents, licensors, and suppliers, each of whom may enforce those provisions directly against a Practitioner or Customer.

15. General

15.1 Force Majeure. We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control.

15.2 Assignment. We may assign or transfer our rights and obligations under these Terms to a third party (for example, in connection with a sale or restructure of our business) without your consent. A Practitioner or Customer may not assign or transfer their rights under these Terms without our prior written consent.

15.3 Entire Agreement. These Terms, together with the well-r Privacy Policy, constitute the entire agreement between you and us in relation to well-r, and supersede any prior agreements or understandings on that subject matter.

16. Governing Law

16.1 These Terms are governed by the laws of [State/Territory], Australia, and, subject to clause 16.2, the courts of that State or Territory have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

16.2 Nothing in this clause limits any right or protection that a Practitioner or Customer has under the mandatory consumer protection or other laws of the country in which they are located, to the extent those rights cannot lawfully be excluded or overridden by agreement.

16.3 If any clause is found to be illegal, invalid, or unenforceable, that clause will be severed without affecting the enforceability of the remaining clauses.

17. Contact Us

Questions about these Terms, or complaints about a Listing, can be directed to us using the contact details on well-r.

These Terms apply specifically to well-r. Your IICT membership remains subject to IICT's own membership terms.