Terms and Conditions

Last Updated: January 2024

These Terms of Use apply to you if you access and use https://therightcounsellor.com.au (this “Website”) and associated booking, business listing and payment features and tools provided through it (the “Services”) – either as a Service Provider or Customer. These Terms of Use are conditions that govern your use thereof. You are expected to carefully review them and agree before using the Services. You are also required to review our Privacy Policy document, which describes how we use the information we collect about you in relation to the Services.

The Website, Services and these Terms of Use are provided by SHMS Platform Holdings Pty Ltd (referred hereunder as “SHMS”). If you have any complaints, issues, enquiries, questions, suggestions and/or feedback regarding these Terms of Use and the entire Services, please contact us or directly email us at support@therightcounsellor.com.au

Your acceptance of these Terms of Use 

The Services provided under these Terms of Use is a location-based service, which includes the ability for Customers to locate and book certain health services and other services provided by independent  professionals, including counsellors, therapists, business coaches, etc. (“Service Providers”) through the Website. By accessing the Website, signing up as a Service Provider or Customer and using the Services, you agree to these Terms of Use. Your agreement to be bound by these Terms of Use shall be binding upon your ticking of the appropriate consent box when you sign up (this may include ticking the “I agree” or “I accept” box).

Furthermore, you must be at least 18 years of age to use the Website and Services. By signing up, you warrant to us that you are at least 18 years of age and that you can enter into a legally binding agreement.

SHMS is not affiliated with any user 

As a user of the Services, you agree that SHMS is not affiliated with any other user. The Service Providers whose businesses are listed through the Website are independent individuals who are not in any way affiliated with SHMS. We have not verified any user of this Website, nor have we checked the content of any listing if it matches the actual services provided. We are only responsible for facilitating your Customer bookings for these services and processing payments (except where a Service Provider does not accept bookings via this Website). Customers and Service Providers are responsible for negotiating on the applicable services to be performed. SHMS is not obligated to interfere in any issue between users, including issues relating to prices, cancellations, refunds, reservations, lateness, appointment scheduling, revisions and skills. Notwithstanding, users agree to abide by their obligations in relation to any booking.


Booking terms

As a Customer, you can book some of the Service Providers directly via the Website. You are expected to review the services offered by the Service Provider if it matches what you require before placing your booking (including if you require mobile, freelancer, shop or home services). Upon making a booking on any service, cancellation and refunds may become unavailable – except where the Service Provider permits it. When you successfully book a Service Provider, an agreement will be formed between you and the Service Provider. Any dispute ensuing from your bookings thereon shall be between you and the Service Provider. You release SHMS from such disputes. Service Providers reserve the right, at their discretion, to refuse or reject any booking request.

By booking a Service Provider via the Website, you agree to the price, refunds and cancellation policies and terms of use displayed by the Service Provider. SHMS does not have any authority over the prices and policies set by Service Providers and how they operate their businesses.

Service Provider content and terms of use

Where you submit business content to us as a Service Provider (such as business description and schedule, image, business name, etc.), you retain the rights to such content, including trademarks. SHMS does not claim any rights to any of the content you submit to us. However, in order to host and display your content on the Website, we need your license. Therefore, by submitting business content or any other user-generated content on the Website, you hereby grant SHMS a worldwide, royalty-free, irrevocable, non-exclusive, perpetual license and right to host and display such content on the Website for any purposes, including making derivative works, sublicensing (to other users) and using such content on any media available to us, including for marketing purposes.

Service Providers hereby take responsibility for the content they submit on the Website. This website operates as a repository of data; therefore, SHMS does not guarantee to any user, including Customers, the usefulness, relevance, accuracy or legal status of any content submitted by a user on the Website.

Notwithstanding, SHMS reserves the right to remove any content submitted by Service Providers and Customers at any time, including if we believe, at our discretion, that such content goes against these Terms of Use, any applicable law or ethical standards. SHMS also reserves the right to terminate your use of the Website for repeated violations of the foregoing.

The Service Providers whose businesses are listed on this Website perform their services based on their respective terms of use (which may be listed on their business content or communicated to you offline). These Terms of Use do not govern any Service Provider terms or policies. You should always review the terms and policies of any Service Provider you book through the Services.

Account registration

To use the Services – either as a Service Provider or Customer – you are required to create a user account and provide certain personal information to us, which are described in our Privacy Policy. By submitting this information, you warrant to us that it is accurate, complete and up to date and that no information provided – including your account ID – violates any third-party rights or property. If you create a Service Provider account, you warrant to us that your business information is accurate and that you are licensed to perform such services as advertised on the Website. You also warrant to us that you have the authorisation to submit your company information to us if you are representing a company. We reserve the right to refuse your request to create an account or suspend your use of the Services if we become aware that any information is inaccurate or that it infringes a third-party right.

The Website may permit you to sign up or log in to your account using any of the supported social media plugins (including Google and Facebook). By integrating the applicable social media account to the Website, you authorise us to create a user account or log you in to your account using the social media account. By using this feature, you also warrant to us that you have the authorisation to use it.

By creating an account on the Website, you agree to maintain the confidentiality of your login credentials. You further agree to only use your account and to never lease, rent, sell or license your account to a third party without our written approval. You are responsible for all activities that occur under your user account. You promise to immediately notify us if someone else has access to your account.

Electronic communications

By using SHMS, users hereby acknowledge and agree and consent to receive electronic messages from us. You further agree that these Terms of Use and any electronic message or notices furnished to you shall satisfy any legal requirement and it shall be binding.

The license we grant you

Subject to your compliance with these Terms of Use, SHMS hereby grants you a limited, non-exclusive, non-sublicensable and revocable license to access and use the Website and Services as described under these Terms of Use. If you violate any portion of these Terms of Use or your use of the Services, such as but not limited to downloading (other than page caching) or modifying the Website or any portion of it, then we reserve the right to terminate this license. Unless we provide you with written permission, you are not permitted to reproduce, display, perform, prepare derivative works, distribute copies or use the Website or any of the Website Content (described below) for commercial purposes (except for the ones permitted under these Terms of Use). We reserve all rights not granted to you under these Terms of Use.

Prohibited uses

The license granted to you by SHMS in relation to the Website and Services does not include:

The modification, adaptation, improvement, enhancement or making derivative works from the Website and Services or otherwise translating them;

  • The disassembling, reverse-engineering, decompiling or attempting to know the source codes of the Website or decrypting it;
  • Using the Website and Services in a manner that goes against any applicable state or federal Australian laws;
  • The use of the Website and Services in any other commercial way other than the permitted ones as described hereunder;
  • The altering, obscuring or removing of any SHMS proprietary notices (including those of our affiliates, partners or licensors) of the Website;
  • The use of the Website and Services in an attempt to gather information that may be used to create or launch a product or service that is directly or indirectly similar or competitive to the Services described hereunder; and
  • The use of any interfaces or proprietary portions of the Website to develop, design, manufacture, distribute or license any other website or application for use with the Website and Services.


Intellectual property rights and license

Aside from the content that belongs to Service Providers and third parties, the content on this Website, including the texts, images, audios, videos and descriptions (“Website Content”), and the trademarks, service marks and logos contained therein are owned by or licensed to SHMS, and are subject to copyright and other intellectual property rights in Australia, foreign laws and international conventions.

All SHMS designs, logos, icons, graphics, scripts and service names are our registered trademarks, common law trademarks or trade dress in Australia and international locations. SHMS’s trademarks and trade dress may not be used, including as part of trademarks, in connection with any product or service in any manner that is likely to cause confusion. Our trademarks may not be copied, imitated or used (in whole or part) without our prior written permission.

The Website Content is provided to you “as is” for your information and personal use only. You may not copy, reproduce, use, aggregate, distribute, advertise, transmit, display, lease, sell, license or otherwise exploit the Website Content for any other purposes without prior written consent from SHMS.

Fees and payments

SHMS charges Service Providers for listing their businesses on the Website and for bookings made by Customers through the Website. Charges are deducted per booking transaction made, and in some cases, a monthly subscription applies (depending on the type of listing selected by the Service Provider during account signup). Any such fees (whether the transaction fee or subscription fee) will be displayed to the Service Provider on the Website before they are deducted from the attached payment or payout method. Unless stated otherwise, such fees are inclusive of the applicable GST. We reserve the right to modify our fees at any time without liability.

To pay for any fees on the Website (and accept booking payments from Customers), Service Providers are required to attach any of the supported payment/payout methods on the Services, including credit cards, direct deposit and PayPal. By attaching your payment method on the Website and initiating a payment, you warrant to us that the attached payment method is valid, accurate and without issues with your payment provider and that you have the authority to use such payment method. Furthermore, by linking your payment method and initiating a payment, you authorise SHMS to deduct the applicable transaction and/or subscription fees. If such fees are deducted from your payment method, it is non-refundable – unless otherwise provided under these Terms of Use. And unless otherwise stated, all fees must be paid for in advance.

Your monthly subscription commences on the day you sign up and submit your payment method, and the subscription ends on the 30th day. Unless you cancel your subscription before the end date, your payment method will automatically be charged for the next cycle. You may cancel your subscription at any time by emailing us at support@therightcounsellor.com.au


SHMS reserves the right, at our discretion, to suspend, terminate, limit or restrict your use of the Services and your user account at any time without liability, for any reason, including for violating any portion of these Terms of Use, any applicable law or your warranties.

Likewise, you reserve the right to terminate these Terms of Use or your user account and use of the Services at any time by reaching out to us via support@therightcounsellor.com.au. Provided that your account is not subject to any investigation and all obligations fulfilled (for example, where a Service Provider has an active appointment with a Customer), we will terminate your user account, and upon request, delete any information we hold about you, as described in our Privacy Policy.

Upon the termination of your account either by you or us, any clause or paragraph under these Terms of Use that by its nature is expected to continue shall continue to be binding.


SHMS is not involved in the provision of any other services apart from the Services described on the Website and these Terms of Use. We are not involved with any transaction between Service Providers and Customers except for our obligations to facilitate bookings and list business contents. We cannot control the nature of the service performed by Service Providers and their contents – nor can we control a user from actually completing any transaction with another user. We do not screen any user to enquire about their background or their use of the Website.

Therefore, your use of the Website and Services are at your sole risk. SHMS provides the Website and Services “as is” and “as available” without warranties of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement (except for non-excludable warranties under applicable law).

We do not warrant that; (i) the business information shared by Service Providers is confidential or that general information about users is secure from unauthorised access or use; (ii) the Website and Services will operate to your expectation or meet your requirements; (iii) you will always have an uninterrupted, timely or error-free access to the Website or that there will be no downtimes; (iv) the Website will be without mistakes or errors or that mistakes or errors will be corrected immediately; (v) the Website will not contain viruses, worms, trojan horses or other harmful software introduced by third parties; or (vi) we endorse any user.

Liability limitation

To the fullest extent permissible by applicable law, SHMS, including employees, affiliates, owners and partners, shall not in any way be liable to any third party or you for any indirect, consequential, or punitive damages, including loss of revenue, profit, integrity, goodwill, data and other intangible damages arising as a result of your use of or the inability to use the Website and Services – even if SHMS may have been aware of the possibility of such damages.

Notwithstanding, nothing shall be construed as limiting or excluding the rights you have under any and all applicable laws, including the rights you have under the Australian Consumer Law.


You hereby agree to defend and hold harmless SHMS and its affiliates, partners, licensors, owners, employees and agents harmless from and against any damages, losses, claims, issues, debts, liabilities and expenses (including reasonable attorney’s fees) that may arise from your use or inability to access and use the Services; your submitted content; your breach of these Terms of Use, any applicable law or any representations or warranties; your use of any information or content posted by another user; or any third party’s access and use of the Services via your user account.

Applicable law and jurisdiction

The entire SHMS operations, including these Terms of Use, the Website and Services, shall be governed by and construed by the laws of the State of Queensland, Australia. Any dispute or claims between you and SHMS in relation to the Services shall be settled in the courts located in the State of Queensland. You hereby agree to this jurisdiction.

Third-party website and content

The Website may contain links and content that belong to third parties, whose services are not governed by these Terms of Use. Any third-party link or content available on the Website is for reference and information purposes only. SHMS does not represent that it endorses any third-party links or content or that they are governed by our rules. We recommend that you review the terms of use and policies of these third parties before using their content.

Updates to the Services and these Terms of Use

We may review and update, modify, change or replace portions of the Services or these Terms of Use at any time at our discretion and for any reason at all, including for changes in applicable laws and features of the Services. Any updates to the Services or these Terms of Use shall become effective upon us making such updates, and notifications may be provided via the Website, your account area or email address. By using the Services or accessing the Website after any updates, you represent to us that you have agreed to the updates made.

General terms 

These Terms of Use is the entire agreement between you and SHMS in relation to your access and use of the Website and Services. These Terms of Use supersede all previous understandings, agreements and covenants that may have existed between you and SHMS before them.

If any portion of these Terms of Use is found by applicable law to be invalid and unenforceable, such a portion shall be severed (deleted) from these Terms of Use, and the remaining portions shall continue to be valid and enforceable to the fullest extent possible.

No waiver under these Terms of Use shall be valid except if it is in writing. A failure to enforce any provision under these Terms of Use shall not be deemed as a waiver of SHMS’s right to enforce such a provision at a later date or on subsequent violations.

SHMS will not be liable to you or any third party for any failure or delay to provide the Website and Services if such a failure or delay is as a result of events beyond its reasonable control (for example, government actions, internet breakdown, maintenance, acts of God and bankruptcy).

You may not assign, lease, sell, license or rent out your user account or rights under these Terms of Use to a third party without written permission from SHMS. SHMS, on the other hand, reserves the right to assign its rights and obligations – including hiring third-party service providers – under these Terms of Use.