Service Agreement

Last updated on 08 January 2026

Welcome to Equana Minds!

In these terms, we also refer to Equana Pty Ltd ABN 58 690 073 057 as “our”, “we”, or “us”.

What are these terms about?

These terms apply when you sign up for our mental health support services through our website (or otherwise), being www.equanaminds.com.au and any other websites we operate with the same domain name and a different extension (Website) or otherwise engage our services in any way.

When we say “Sessions”, we mean our resources and any of the services provided during each booking for the Services (the Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you sign up for our Services and tick “I agree” to these terms, or otherwise engage with the Services, please carefully read these terms. If you don’t agree to these terms, we cannot provide the Services to you. By booking a Session or a free Consultation Call (refer to clause 1.3), or otherwise proceeding to engage with the Sessions, you agree to be bound by these terms even where you have not yet signed the terms.

You acknowledge and agree that these terms will apply to all future bookings of the Services and Sessions without needing to be accepted again.

1. SERVICES

1.1 SERVICES

Details of all our Services are available on our Website. Our Services are provided online (Telehealth Session).

1.2 ELIGIBILITY

• By booking the Services via the Website or otherwise engaging us to provide you with the Services, you:
  • agree to be bound by these terms;
  • are authorised to use the credit or debit card to purchase the Services, where applicable;
  • represent and warrant that you are either:
    • over the age of 18 years and accessing the Services for yourself; or
    • under the age of 18 years and have your parent or guardian’s permission to access the Services.
• If you are using the Services and are under the age of 18 you must have the consent of your parent and/or legal guardian in order to receive the Services.

1.3 OUR TELEHEALTH SERVICE

• Our platform enables you to connect with qualified mental health professionals (“Service Providers”) who deliver therapeutic services, including online counselling and telehealth sessions.
• All Service Providers offering telehealth through our platform must be appropriately accredited, trained, and experienced in line with the requirements of their profession and jurisdiction. Each practitioner must hold recognised qualifications, meet minimum experience standards, and maintain registration with the relevant professional body.
• Service Providers that are described as Psychologists must be AHPRA registered.
• Service Providers operate independently and are not our employees, agents, or representatives. Our role is limited to providing the platform through which you can access their services. If at any time you feel a particular practitioner is not the right fit, you may request to change to another Service Provider available on the platform.
• We aim for the services to be helpful and supportive, but it is important to understand that telehealth sessions may not always be suitable for every person or situation. They may not replace in-person assessments, medical treatment, or other specialised care that may be required.
• We may, where necessary, limit or discontinue services to ensure we meet clinical governance standards, uphold ethical requirements, and avoid conflicts such as dual relationships.
• By accepting this Service Agreement, you acknowledge that the services accessed through our platform are not a substitute for emergency medical or mental health assistance. If you are in an emergency or crisis, please call Triple Zero (000). You may also contact Lifeline at 13 11 14 for 24/7 support or visit www.lifeline.org.au.

1.4 ENGAGING WITH THERAPISTS

• Our platform itself does not deliver health or therapeutic services. Instead, it provides the digital infrastructure that allows you to connect with independent Service Providers who offer those services.
• Information displayed on the platform is supplied directly by the Service Providers. As a result, we are not responsible for any loss or harm arising from:
• content provided by Service Providers, including how it is presented, or if it is incomplete, inaccurate, or outdated;
• situations where different practitioners share the same name, resulting in duplication or confusion.
• We do not act as an agent for any Service Provider. We are not liable for the way a Service Provider conducts appointments, their punctuality, their attendance, their communication, or the quality of the services they deliver. Availability, scheduling, and response times are determined by the practitioner, and we cannot guarantee that they will meet any particular timeframe. We will, however, take reasonable steps to support smooth scheduling and attendance.
• You agree to provide accurate and complete information in all booking and intake forms, and to avoid withholding details that may be important for your care.

1.5 CONSULTATION CALL

• We may provide you with a free consultation of between 5 and 15 minutes (at our discretion) to see if the Services are a good fit for both us and you (Consultation Call).
• After the Consultation Call, if you think the Services are right for you, you may decide to purchase further Services as set out on our Website.
• We retain the right, at our absolute discretion, if we deem after the Consultation Call that it is not a good fit or that our Services are not suitable for you, to not provide you with our Services.

2. SESSION FORMATS AND REQUIREMENTS

• Our initial Sessions (Initial Session) are 50-minute Sessions to ensure that we are able to gather all of the information necessary to provide you with our Services effectively and you must complete at least one Initial Session before you may book a standard Session with us.
• We offer 50-minute Sessions as our standard Session format for our Services to ensure we have the required time to ensure our Services are provided in a way that will best suit your needs.

3. BOOKING A SESSION

• When booking a Session with us for the first time, you will need to contact us and complete a form (Client Questionnaire) on our Website (Booking Request). We will match you with a mental health professional (Clinician) based on availability and expertise and you will then be contacted by us to book in your initial Session.
• Submitting your Booking Request constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount displayed when submitting the Booking Request (Fee). A contract is not formed until you receive an email from us confirming that your order is being processed.
• We accept no responsibility for any failure of the Website that limits or otherwise affects your ability to make a Booking Request and while we endeavour to respond to all Booking Requests, we are not required to respond to all Booking Requests.

4. ATTENDING YOUR SESSION

4.1 TELEHEALTH SESSION

• The Services will be delivered electronically and accessed via the third-party web application we use from time to time, currently Zanda (App).
• There will be no additional fees payable to us for using the App, other than any fee applicable to downloading any applications from any app store.
• The App we use is a third-party app and is subject to additional terms and conditions. By using the App you will be bound by this clause and the Third Party Terms in clause 10.
• The App is powered by a third-party platform and the terms and conditions of that third party may apply to your use of the App to the extent applicable to you.
• To the maximum extent permitted under applicable law and our agreement with our app provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the App or any issues experienced in using the App including downtime and the App not functioning adequately.
• You agree that it is your responsibility to check that the computer and internet service being used to access the Services is adequate to access the Telehealth Session.
• We will not be liable to you if the Services may not be provided as a result of any technical issues including but not limited to:
  • the operation of the internet, including but not limited to viruses;
  • any firewall restrictions that have been placed on your network or the computer you are using to access the Telehealth Session;
  • failures of telecommunications links and equipment; and
  • software and browser incompatibility.

4.2 RESCHEDULING OR CANCELLING AN APPOINTMENT

• Fees are due and payable in full at the time of booking, prior to the Services being provided, unless otherwise specified.
• If you cannot attend a Session, we ask that you please give us at least 48 hours’ notice. If you provide at least 48 hours’ notice to cancel a Session, you will not be charged a cancellation fee and your Fees will be refunded in full.
• If you cancel a Session less than 48 hours before the Session start time, you will not be entitled to any refund of the Fees paid which will be retained by Equana as a cancellation fee. This cancellation fee represents a genuine pre-estimate of Equana’s losses incurred due to the late cancellation or no-show.

5. YOUR OBLIGATIONS

5.1 RESCHEDULING OR CANCELLING AN APPOINTMENT

• You must provide us with all documentation, information and assistance reasonably required us to perform the Services.
• You must provide us with a completed intake form prior to attending your Session and you acknowledge and agree that if you do not do so, we may not be able to provide the Services to you as described.
• You agree to attend any scheduled Sessions. If you cannot attend any scheduled Sessions you must give us the required notice as above.
• As part of your Session and in the lead up to your Session, you will be required to provide us with relevant personal information and in some cases, health information including mental health history. All of this information will be stored in accordance with clause 7 of this agreement and while you are not required to provide this information, withholding such information will impact the Services.
• You agree that in order for us to provide the Services, any information you provide to us as a part of the Services should be true and correct and you acknowledge that your breach of this clause may negatively impact our ability to provide you with the Services.

5.2 YOUR CONDUCT AND COMMITMENTS

• By using the platform, you confirm that you are legally able to consent to receiving services and enter into a binding agreement, or that you have the required permission from a parent or guardian to do so.
• You also affirm that all information you have provided, and will continue to provide, through the platform is true, accurate, current, and complete. You agree to keep this information updated throughout your use of the platform so that it remains correct.
• You are responsible for keeping your login details, passwords, and any other security credentials (“Account Access”) confidential. We recommend that you change your password regularly and take appropriate steps to protect your account. You must notify us immediately if you suspect unauthorised access or any security breach involving your account.
• You agree to indemnify and hold the platform harmless for any loss or damage arising from another person using your account, whether or not you authorised such use. You acknowledge that you are solely responsible for all actions taken using your Account Access, and that you may be held liable for any harm or loss resulting from those actions. You must not attempt to access or use another person’s account under any circumstances.
• Your use of the platform and any services is strictly for your personal use. You agree not to access services on behalf of any other individual or organisation.
• You also agree not to interfere with, disrupt, or attempt to disrupt any part of our systems, services, servers, networks, or infrastructure. This includes any attempt to gain unauthorised access.
• You must not use the platform to post or transmit:
  • unsolicited emails, promotions, or advertisements
  • malicious software, code, or files
  • content that is unlawful, abusive, threatening, harassing, defamatory, invasive of privacy, vulgar, discriminatory, or otherwise harmful
  • content that infringes intellectual property or other third-party rights
  • content that could reasonably cause harm to any person
  • content that encourages or constitutes illegal activity or violates any applicable law
• You agree to comply with all relevant local, state, federal, and international laws and ethical standards when using the platform or interacting with the platform, us, or any Service Provider.
• You agree to indemnify, defend, and hold us harmless from any claims, losses, liabilities, damages, expenses, or costs (including reasonable legal fees) arising out of:
  • your use of the platform
  • any action taken through your account, whether by you or another person
  • your breach of these Terms
  • any unpaid fees for services you have received
  • your violation of any third-party rights, including intellectual property, confidentiality, privacy, or publicity rights
• This indemnity continues to apply even after these Terms end.
• You confirm that any credit card, debit card, or other payment method you use is authorised for your use, and that all payment information you provide, now and in the future, is accurate, correct, and up to date.

5.3 ACCOUNT CREATION

• To use the platform and access its features, you must create an account and complete all required information fields. You must be at least eighteen (18) years old, or otherwise have the consent of a parent or guardian, to register for an account.
• By creating an account, you agree to:
  • provide accurate, complete, and truthful information;
  • keep your personal details up to date;
  • maintain only one account in your name;
  • refrain from using another person’s account;
  • notify us immediately if you suspect any unauthorised access or use of your account;
  • avoid creating a new account if your existing one has been suspended or disabled; and
  • take responsibility for protecting the confidentiality of your username and password.
• We may be required by law to disclose your identity or information associated with your account. We may also edit or remove parts of your account if we receive a legitimate complaint or determine, at our discretion, that any content is inappropriate or offensive.
• We reserve the right to suspend or terminate your access to the platform at any time, without notice, if you breach these requirements.

5.4 COMMUNICATION AND ACCESS

• You must ensure that you have access to a computer and a stable internet connection to be able to receive the Services.
• You must ensure that you arrive to the scheduled Session on-time. You acknowledge and agree that we may not be able to adjust our appointment times if you are late, so you will not be provided any additional time.

5.5 NO RECORDING OF SESSIONS PERMITTED

You acknowledge and agree that in attending any Session or accepting any Services you will not without our prior consent:

• have or allow any other person to be present during the Session;
• record the Session; or
• otherwise allow any other person to exploit or use the Services without our knowledge.

5.6 COMPLIANCE WITH LAWS

You warrant that by receiving or requesting the Services, or during receiving or requesting the Services, you will not:

• breach any applicable laws, rules and regulations (including any applicable privacy laws and any relevant industry codes) (Laws);
• do anything which may cause Equana to breach any Law;
• breach the direction of any government department or authority; or
• infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.

6. PAYMENT

• You must pay any fees in the amounts and at the times set out on our Website or as otherwise agreed in writing with you (Fees).
• Unless otherwise agreed in writing:
  • if we issue an invoice to you, payment must be made by the time specified in such invoice; and
  • in all other circumstances, you must pay for all Services on Equana providing you with the Services.
• (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
• (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
• (Online payment partner) We may use third-party payment providers such as Stripe and Tyrohealth (Payment Providers) to collect payments for the Services. The processing of payments by the Payment Providers will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Providers. We reserve the right to correct, or to instruct our Payment Providers to correct, any errors or mistakes in collecting your payment. The terms of our current Payment Providers can be accessed as linked below:
  • Stripe
  • Tyrohealth
• (Card withholding) We reserve the right to withhold your credit card payment details via our Payment Providers for the purposes of charging you the Fees for our Services. Where we withhold these details, the details will be stored on the Payment Provider’s platform and will not be visible to us directly.
• (Late payment) If you fail to pay any amounts due to us under an invoice by the specified due date, we retain the right, without limiting any other rights under these terms, to charge you interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, we will provide you with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by us.
• (Refunds) Given the nature of the services, we generally don’t offer refunds for Services and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.
• (Rebates) If you are eligible for a Medicare or health insurance rebate (Rebate), we will process the claim on your behalf. We accept no liability or responsibility for compliance issues relating to your failure to meet Medicare’s or your insurer’s requirements to be entitled to a Rebate.

7. COLLECTION NOTICE, PRIVACY AND INFORMED CONSENT

• We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
• Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
• By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.
• By accepting these terms or by accepting our Services after becoming aware of these terms you acknowledge and warrant that you are making a voluntary and informed decision to accept our Services and accept the risks and benefits associated with:
  • The collection and use of your personal and sensitive information in accordance with our Privacy Policy;
  • The collection and use of your sensitive information, including health information such as reports, medical history and related details in accordance with our Privacy Policy and in order to provide you the Services;
  • The collection of your personal information or sensitive information in the form of case notes as well as their disclosure to our employees or agents on a need to know basis in order to provide you with the Services; and
  • The disclosure of your personal or sensitive information and (if necessary) the breach of our confidentiality obligations to you where we have a legitimate reason to believe this may prevent harm to self or to others, or where otherwise required by law.

8. INTELLECTUAL PROPERTY

8.1 OUR IP

• Intellectual Property Rights in the Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
• You will not under these terms acquire Intellectual Property Rights in any of Our IP.

8.2 DEFINITIONS

For the purposes of this clause 8:

• “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
• “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

9. CONFIDENTIALITY

• Except as contemplated by this agreement, we will not permit any of our officers, employees, agents, contractors or related companies to use or to disclose to any person any information of or provided by you to us during a Session or in connection with our Services that is by its nature confidential information, is designated by you to be confidential, or that ought to be understood as being confidential.
• This clause does not apply to:
  • information which is generally available to the public (other than as a result of a breach of these terms or another obligation of confidence);
  • information disclosed or provided to a third party with your consent;
  • information disclosed where failure to do so may put you or another person at serious risk;
  • information required to be disclosed by any law; or
  • information disclosed by us to our employees, cloud storage providers or agents for the purposes of performing the Services or our obligations under this agreement.
• Other exceptions to this confidentiality clause include where we have reason to believe there is a possibility of:
  • child, elder or dependant abuse;
  • expressed threats of violence toward an ascertainable victim;
  • detailed planning or concrete signs of future suicide attempts;
  • sharing information that is necessary to facilitate client care across multiple providers; or
  • sharing information that is necessary for the Services.
• With your prior written consent, we may speak to other healthcare providers or your family in emergency situations.

10. THIRD PARTY TERMS

• To provide you with the Services, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms).
• Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Services.
• To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Services.
• You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Services and you will need to cancel in accordance with this agreement.

11. NOTICES

• A notice or other communication to a party under these terms must be:
  • in writing and in English; and
  • delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
• Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
  • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
  • when replied to by the other party,

whichever is earlier.

12. WARRANTIES

• To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
• Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

13. LIABILITY

13.1 LIABILITY

o the maximum extent permitted by law, Equana limits all liability for loss or damage sustained by the Client in connection with this Agreement except in relation to Equana’s liability for negligence or breach of this Agreement.

13.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

• in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
• to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

14. DISPUTE RESOLUTION AND MEDIATION

• If a dispute arises between you, a Service Provider, or us, all parties agree to first attempt to resolve the issue through informal discussions. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
• Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. These negotiations should take place within 15 business days of the dispute being raised (or such other period as agreed by the parties in writing).
• If the matter cannot be settled through these initial discussions, either party may escalate the issue to us for further review.
• Should the dispute remain unresolved after 30 business days (or such other period as agreed by the parties in writing), we may offer the option of referring the matter to an independent Third Party Dispute Resolution Service. If this option is made available, either party may require the other to participate in that process. The terms and conditions for the Third Party Dispute Resolution Service will be provided upon request. As this service is operated by an external provider, both parties are responsible for any fees or charges incurred, in accordance with the service’s terms.

15. TERMINATION

15.1 TERMINATION FOR CONVENIENCE

• Either party may terminate at any time.
• On termination:
  • fees already paid are non-refundable,
  • confidentiality obligations survive, and
  • client records will be retained for at least 7 years as required by law.

15.2 EFFECT OF TERMINATION

Upon termination of this agreement:

• any Fees paid are non-refundable;
• each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and
• each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

16. GENERAL

• (Governing law & jurisdiction) These terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
• (waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
• (severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
• (joint & several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
• (assignment) You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
• (costs) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
• (entire agreement) These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
• (interpretation) In these terms, the following rules of interpretation apply
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.