Terms and Conditions of Service

1. Calm Oasis Counselling   

1.1 Calm Oasis Counselling is a sole tradership based in New Zealand, NZBN 9429050083077, which conducts face to face, online, and internet based counselling services. The registered office is in Auckland, New Zealand. You may contact us via our website.

2. Services 

2.1 These Terms and Conditions are legally binding between you and us. They govern your access to the calmoasis.co.nz (or such Calm Oasis Counselling) and the services we provide. Your access to Calm Oasis Counselling services and Calm Oasis Counselling Website(s) are subject to compliance with these Terms and Conditions.

3. Your Obligations 

3.1 You agree, represent and confirm that the following are true and will be true each time that you use Calm Oasis Counselling services and each time you enter Calm Oasis Counselling’s Website:

3.2 You have (or any person designated by you) has, all requisite power, authority and approvals to enter into or perform your obligations (and/or the obligations of the person on whose behalf you are acting) under these Terms and Conditions;

3.3 In accepting these Terms and Conditions you are not relying upon, any statements, representations, promises, or undertakings by Calm Oasis Counselling whatsoever that are not contained herein;

3.4 You will not use Calm Oasis Counselling services or Calm Oasis Counselling Website(s) for any purpose which is unlawful, abusive, libellous, obscene or threatening.

3.5 Whilst all information submitted by you to Calm Oasis Counselling Website, including your credit card details, you accept the risk that data transmitted electronically via Calm Oasis Counselling service(s) or Calm Oasis Counselling Website may be intercepted before reaching Calm Oasis Counselling (or when transmitted by Calm Oasis Counselling to you). Calm Oasis Counselling takes no responsibility, but all care, for breaches. In order to avoid interception of email it is strongly suggested that you 1) never send/receive personal email from a work computer and 2) that you always double check the To: address box prior to clicking the send button. It is strongly recommended that you password protect all correspondence with Calm Oasis Counselling. Calm Oasis Counselling can assure that the computer and email used for supplying therapy is password protected.  Encryption can be used if this is available on your system. You assume full responsibility for the risk and responsibilities therefore and for the protection of any computer system you use from viruses and other potentially destructive programs.

3.6 You are responsible for ensuring that all information that is provided to Calm Oasis Counselling in your enquiry for advice or therapy is complete and accurate; including details of any previous or ongoing medical conditions and mental health issues. Any advice, comment or information may be dependent upon that.

3.7 Calm Oasis Counselling takes no liability for any advice, comment or information that it gives to you.

3.8 You are responsible for providing all information that you feel may be relevant to your therapist and to update the therapist should your circumstances significantly change.

3.9 You understand that you will be evaluated for the appropriateness of this type of advice or therapy and if Calm Oasis Counselling believes you would be better served elsewhere, a recommendation will be made to you.

3.10 You are responsible for notifying your doctor that you are seeking therapy advice.

3.11 You accept full responsibility for monitoring any Calm Oasis Counselling Account(s) you may have. You agree to notify us immediately if you are aware of any credit card fraud, loss, theft, or unauthorised use of any of your password(s) or account numbers.

4. Calm Oasis Counselling’s Responsibilities 

4.1. Calm Oasis Counselling will treat all communication between counsellor and client as confidential and privileged information, unless the client gives consent to particular information being disclosed

4.2. Calm Oasis Counselling may discuss, in professional supervision, information received in counselling as part of the normal management of confidentiality.

 4.3. Calm Oasis Counselling will use best endeavours to ensure that all advice, comment, information and therapy will be provided with appropriate skill, care and sensitivity though cannot be held responsible for any action taken by you directly or indirectly on the basis of what it provides.

4.4. All Calm Oasis Counselling advisors responding to you via Calm Oasis Counselling Website(s) are fully trained.

4.5. Though all reasonable care shall be taken by Calm Oasis Counselling to ensure that the content of sessions is kept confidential, Calm Oasis Counselling shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties interception of online sessions.

4.6 Calm Oasis Counselling reserves the right at its sole discretion to terminate the provision of therapy at any time if ongoing treatment is considered inappropriate for any reason.

4.7 Calm Oasis Counselling, its agents and therapists will use best endeavours to ensure that their computer systems are protected from viruses and other potentially destructive programs.

4.8 Calm Oasis Counselling will store all advice and therapy correspondence securely.

5. Personal Data and Information  

 5.1 Calm Oasis Counselling shall treat all information between you and Calm Oasis Counselling therapists as confidential except as provided for in its Privacy Policy that can be accessed on our website, and subject to the qualifications on security of data transmitted electronically as provide for in 3.5 above.

5.2 Clients are not to be discussed with anyone not employed by Calm Oasis Counselling in any way that can identify them as an individual. For the purposes of this Privacy Policy, personal information is any information about an identifiable individual.

5.3 All Calm Oasis Counselling staff may use or disclose information without your consent or authorization in the following circumstances:

 1. Child Abuse: If a staff member has reason to believe that a child has been, or may be, abused, neglected, or sexually abused, he/she must make a report of such.

2. Adult Abuse: If a staff member has reason to believe that an elderly or disabled person is in a state of abuse, neglect, or exploitation, she/he must immediately report such.

3. Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under law and it will not be released by Calm Oasis Counselling, without written authorization from you or your personal or legally appointed representative, or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advance if this is the case.

5. Serious Threat to Health or Safety: If a staff member determines that there is a probability of imminent physical injury by you to yourself or others, or there is a probability of immediate mental or emotional injury to you, they may disclose relevant confidential mental health information to medical or law enforcement personnel.

6. Abuse or Sexual Exploitation by Therapist: To report client abuse or sexual exploitation by a previous therapist to the appropriate licensing board.

6. Assignment  

 6.1 Calm Oasis Counselling’s rights and obligations as under these Terms and Conditions may be assigned without your prior consent.

6.2 Your rights and obligations under these Terms and Conditions are deemed to be personal to you and are not capable of being assigned to anyone.

7. Fees  

 7.1 You shall pay fees (and other relevant charges) for Calm Oasis Counselling services and any other services directly to Calm Oasis Counselling. 

7.2 There is an initial free correspondence. Fees for sessions are invoiced following the counselling session. Invoices are due within 14 calendar days of each session or the date shown on the invoice. 

7.3 Late payment past the invoice due date will attract interest at 2% per month or part thereof.

8. Complaints, Refunds and Cancellations  

 8.1 If you feel that the advice, comment, information and therapy received is not of a sufficient standard or for any other reason you believe has been defective or failed to reach you, you may claim a refund by writing to Calm Oasis Counselling, or via our website, stating clearly reason(s) for the complaint. The Calm Oasis Counselling’s liability in this regard shall be limited to the actual cost of the fees paid by you to Calm Oasis Counselling by the time of the complaint and at its sole discretion. This does not affect your rights under any applicable Consumer Protection Acts or rights. If you have a complaint against one of our therapists, please contact us as above and this will be taken very seriously. You may choose to refer such a complaint to the professional organisation to which we have membership.

8.2 Because of the nature of the payment system used on the Calm Oasis Counselling Website(s), you accept that it may not be possible for you to cancel any service you have embarked upon with Calm Oasis Counselling; however this does not affect your right to make contact for postponement or cancellation or to claim a refund. 

8.3 In the event that you are unable to attend an Calm Oasis Counselling real-time service session (i.e. video, telephone or face-to-face)

8.3.1 you will be entitled to rebooking at no additional charge if

- written correspondence (including by text or e-mail) notifying the rebooking has been received up to 24 hours before any such appointment, and

- an alternative session time has been proposed by you that is within seven days of your original session, and

- the alternative session has been agreed with Calm Oasis Counselling

8.3.2 you will only be entitled to a full refund of the fee if written correspondence (including by text or e-mail) notifying the cancellation has been received by Calm Oasis Counselling up to 48 hours before any such appointment.

8.3.3 you will only be entitled to a 50% partial refund of the fee if written correspondence (including by text or e-mail) notifying the cancellation has been received by Calm Oasis Counselling between 24 and 48 hours before any such appointment without rebooking. 

8.3.4 you will not be entitled to a refund of the fee if written correspondence (including by text or e-mail) notifying the cancellation has been received by Calm Oasis Counselling is received less than 24 hours before any such appointment.

8.4 Calm Oasis Counselling reserves the right to terminate the provision of therapy at any time if ongoing treatment is considered inappropriate for any reason. If so, Calm Oasis Counselling will give a refund for any sessions that have yet to be conducted.

8.5 Calm Oasis Counselling tries to be flexible with changing the time of sessions. However, repeated cancellations may result in charges for sessions. 

9. Liability and Indemnity  

 9.1 Neither Calm Oasis Counselling, or its associated companies (either in existence now or that might exist in the future), partners, agents, licensors, or delegates, or our or their directors, officers or employees (‘Relevant People’) will be liable for any losses, costs, liabilities or expenses (including, without limitation, loss of profit) (together ‘Losses’) incurred by you in connection with these Terms and Conditions (including, without limitation, any loss which may arise directly or indirectly from your inability to access either Calm Oasis Counselling services or Calm Oasis Counselling Website(s) for any reason or for the failure of a transmission of information to you including, but not limited to, those that receive email. 

9.2 The content provided and or sourced by Calm Oasis Counselling, and provided to you or others on this site, via e-mail, courses, or any other medium, including, but not limited to that which is quotes, data and other information, is sourced from third parties for your personal information only, and is not intended for any other purpose. Content provided and or sourced by Calm Oasis Counselling is not appropriate for the purposes of making any decisions with regard to your sexual health or your relationship(s). Any decisions taken by you whether or not based on any information, advice or comment made by Calm Oasis Counselling is entirely yours. The appropriateness and effectiveness of advice is based on open and honest communication between client and therapist. Working online in a cyber environment can mean misunderstandings are more likely. It is essential that both client and therapist commit to clear communication and a high level of clarification. The client can make no reliance on any advice, comment or information provided by Calm Oasis Counselling therefore. Nor is it not possible for Calm Oasis Counselling to guarantee security and confidentiality of information when working via e-mail, though every effort will be made to do so (see Privacy Policy). Please see https://www.mentalhelp.net/blogs/the-dangers-of-online-therapy/ for the advantages and disadvantage of online therapy.  

9.3 Whilst Calm Oasis Counselling will endeavour to ensure the accuracy or timeliness of any information supplied, Calm Oasis Counselling makes no guarantees in relation to these factors and you should manage your use of Calm Oasis Counselling service(s) and Calm Oasis Counselling Website accordingly.

9.4 Neither Calm Oasis Counselling nor its third party service or content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. CALM OASIS COUNSELLING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OR TIMELINESS OF ANY OF THE CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE, REGARDLESS OF THE MEDIUM USED TO SUPPLY THIS CONTENT

9.5 Calm Oasis Counselling does not guarantee the accuracy of or endorse the views or opinions given by, or found in any third party content. Calm Oasis Counselling may point to or refer to other Internet sites that it feels may be of interest to you; however Calm Oasis Counselling does not endorse or take responsibility for the content on such other sites. Calm Oasis Counselling may provide content from other internet sites, and other third-party information sources including, but not limited to, printed material. However Calm Oasis Counselling does not endorse or take responsibility for the content sourced from third-party internet sites, third-party printed material or any information sourced from third parties of any kind.

9.6 You agree to indemnify Calm Oasis Counselling, its associated companies, agents and delegates and its and their directors, officers, counsellors, and employees (each an ‘Indemnified Person’) against Losses incurred by us or in connection with these Terms and Conditions. This indemnity does not apply to any Relevant Person in so far as Losses result directly from the proven negligence, wilful default or fraud by such Indemnified Person.

9.7 Insurance cover for Calm Oasis Counselling if only provided for face to face clients within their Jurisdictional Limits, which for this policy is New Zealand only.

9. 8 Calm Oasis Counselling does not guarantee the accuracy of or endorse the views or opinions given by its associated companies, agents, counsellors, and delegates and its and their directors, officers and employees (each an ‘Indemnified Person’)

9.9 In the event of any inconsistency between this Clause and any other Clause provisions of this Clause shall prevail.

10. Termination  

10.1 Calm Oasis Counselling may terminate any agreement to which these Terms and Conditions apply by giving written notice to the other (which may be by text message or e-mail); such termination shall take effect immediately or after such periods as specified in the notice.

10.2 Calm Oasis Counselling may at any time close an account, cease to offer any or all Calm Oasis Counselling services or stop you from gaining access to Calm Oasis Counselling Website(s) (and thereby any Calm Oasis Counselling service offered there) for any reason at its sole discretion and without notice.

11. Notices  

11.1 All notices or other communications (‘Communications’) may be given orally unless required to be given in writing. References to writing include electronic mail. Notice shall be deemed to be given where an electronic mail has been sent to a party at the electronic mail address or phone number that is entered under the registration form and updated from time to time.

12. Right to decline service  

12.1 Calm Oasis Counselling may from time to time decline to provide any or all of its services, either on a permanent basis, or in a single instance or instances in such cases as it sees fit solely at its own discretion and without warning or explanation. This will apply to, but will not be limited to, those requests that we believe to be inappropriate, outside the scope of our services, defamatory, illegal, offensive or in any way anti-social.

13. Amendment  

13.1 Calm Oasis Counselling may amend these Terms and Conditions without notice at any time by posting such amendments to Terms and Conditions on Calm Oasis Counselling Website.

14. Intellectual Property Rights  

14.1 You acknowledge that (other than information provided by you) the Intellectual Property Rights in and to Calm Oasis Counselling and any rights to information, documentation, images and other material of whatsoever nature displayed on Calm Oasis Counselling’s Website and/or emailed as part of an advice or therapy session are the property of Calm Oasis Counseling and you shall assert no right, title or interest in or to any such materials.

14.2 Calm Oasis Counselling is for personal and non commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from Calm Oasis Counselling Website and/or information emailed as part of an advice, courses, or therapy session. You may only download to your personal computer for viewing purposes and print out a number of pages of this Website for your personal use. Republication or redistribution of Calm Oasis Counselling content, including by framing or similar means, is expressly prohibited without the prior written consent of Calm Oasis Counselling.

14.3 Calm Oasis Counselling and Calm Oasis Counselling logo are trademarks, or trademarks for which registration has been applied for, of Calm Oasis Counselling (a trading name of Calm Oasis Counselling Ltd).

15. Governing Law  

15.1 These Terms and Conditions are governed by New Zealand Law and you and Calm Oasis Counselling (a trading name of Calm Oasis Counselling Ltd) submit to the exclusive jurisdiction of the New Zealand Courts for all matters arising in connection with those Terms and Conditions. Calm Oasis Counselling controls its business from within the country of New Zealand. It can, however, be accessed from other places around the world. Although these places may have different laws from those of New Zealand, by accessing (website) and using any of Calm Oasis Counselling services you agree that the laws of New Zealand, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of any and all Calm Oasis Counselling Website(s) and services. You and Calm Oasis Counselling also agree to submit to the exclusive jurisdiction of the New Zealand courts, with respect to such matters. Users of Calm Oasis Counselling services and sites, accessing from places outside of New Zealand acknowledge that they do so voluntarily and are responsible for complying with local laws.

COMPLAINTS PROCEDURE  

We always welcome comments about our service, whether positive or negative, so please do get in touch with us if there is anything that you would like to tell us.

 All the therapists working for Calm Oasis Counselling service comply with a strict code of ethics. To view these ethics please see the Code of Ethics page here https://www.nzac.org.nz/ethics...

1.  If you have any complaint about the professional conduct of your therapist, in the first instance, please contact Calm Oasis Counselling putting ‘complaint’ in the subject box. Please provide as much information as possible and state your name. You will then receive a formal written acknowledgment of your complaint. Depending on the nature of your complaint, you may be contacted to discuss the matter. You will receive a written response within 4 weeks of Calm Oasis Counselling receiving your complaint in writing. All complaints must be received within 6 months of them having arisen.

2.  If your concern is not resolved following this first stage, you can appeal in writing stating the reasons for your dissatisfaction. Calm Oasis Counselling will assess how to proceed with your appeal and may want to contact you again to discuss your dissatisfaction. Calm Oasis Counselling will inform you of the outcome of the appeal within 8 weeks of receiving your appeal in writing.

3.  If you continue to be dissatisfied then a further appeal in writing will be forwarded to Calm Oasis Counselling’s designated external adjudicator who will not have been previously involved in the matter who will have a fresh look at your outstanding concerns and the investigation to date. You will receive a copy of the outcome of this investigation. NB. appeals must be received in writing and within 4 weeks of receiving previous correspondence.

Privacy Policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future.

If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you. Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your booking(s). 

We may use personal information that we collect about you to provide services to you and to administer bookings and payments relating to your bookings with us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. 

We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.