Effective Date: 03 September 2025

These Terms of Use apply exclusively to the Besttherapists directory provided by Cognagility. The link that brought you here was on a page provided by Besttherapists.com.au.

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE

These terms and conditions (the “Terms”), along with our Privacy Policy, constitute a legally binding agreement (the “Agreement”) between you (“User” or “Professional Member”) and Cognagility (“Cognagility,” “we,” “us” or “our”). By accessing or using our website, applications, services, or any related platforms (collectively, the “Services”), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Services.

The Services may include, but are not limited to, directories and other features designed to connect Users with independent health professionals (“Professional Members”). By using the Services, you also agree to abide by any additional terms that may apply to specific features or services, which will be presented to you before use and considered part of this Agreement.

This Agreement remains in effect regardless of whether you have registered for an account, and if your use of the Services is terminated, your obligations under these Terms will continue, including indemnification responsibilities outlined herein. We reserve the right to modify these Terms at any time, and we will provide notice of any changes via our website, email, or other communication methods. Your continued use of the Services after changes are posted signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue using the Services.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT IMPACT HOW DISPUTES BETWEEN YOU AND COGNAGILITY WILL BE HANDLED, INCLUDING A REQUIREMENT FOR BINDING ARBITRATION, WITH LIMITED EXCEPTIONS, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU MAY ONLY BRING CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND (B) YOU MAY ONLY SEEK RELIEF ON AN INDIVIDUAL BASIS, INCLUDING MONETARY, INJUNCTIVE, OR DECLARATORY RELIEF.

We are constantly working to improve the Services and may introduce new features, discontinue, or alter existing Services at any time. Cognagility will not be liable for any suspension, discontinuation, or change in the Services.

1. About The Services

Subject to these Terms, Cognagility grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable licence to use the Services in accordance with these Terms. Whilst Users can access features of the Services without creating an account, for Professional Members to fully utilise the Services, including access to professional Profiles, and communication tools, you must create an account and provide certain information. By providing this information, Professional Members authorise Cognagility to use and disclose it as outlined in our Privacy Policy.

As you use the Services, you may encounter various types of content provided by us or our affiliates. “Content” refers to any text, data, graphics, images, videos, articles, professional Profiles, or other materials made available through the Services.

Although we strive to offer accurate and reliable Content, Cognagility makes no guarantees or warranties, either express or implied, about the accuracy, completeness, or reliability of any Content (including, but not limited to, professional qualifications, expertise, service quality, or insurance coverage). You acknowledge that any decisions you make based on the Content are at your own risk, and we will not be liable for any actions you take in reliance on the information provided. Additionally, Cognagility does not endorse, recommend, or refer any specific individual or organisation listed in the Content or accessed through the Services.

2. Disclaimer of Medical Liability

THE SERVICES PROVIDED BY COGNAGILITY ARE FOR INFORMATIONAL, EDUCATIONAL, AND SCHEDULING PURPOSES ONLY. THESE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR DO THEY SUBSTITUTE FOR PROFESSIONAL THERAPY OR DIAGNOSTIC SERVICES.

Cognagility offers an online platform designed to connect Users with professional health providers and provide information to help Users decide whether to engage a particular Professional. Cognagility does not employ or supervise Professional Members and is not responsible for any actions or omissions by Professional Members or Users. Cognagility is neither a healthcare provider nor a Covered Entity as defined under applicable data protection legislation. Cognagility’s responsibility is limited to providing access to the platform and services.

All interactions between Professional Members and Users are solely the responsibility of those parties. Any claims, injuries, illnesses, damages, liabilities, or costs (“claims”) arising from your interactions with or visits to a Professional Member are your responsibility, and you agree not to hold Cognagility liable for such claims or to seek any legal remedy from Cognagility in relation to them. Cognagility does not control, verify, or assume responsibility for the Content provided by Professional Members in their Profiles, and Cognagility disclaims all liability for therapy services obtained through the platform. Any therapy services a User chooses to engage through the site are undertaken at the User’s own risk. Nothing stated, posted, or available through the services should be construed as medical practice or the provision of medical care.

The platform is not intended for medical diagnosis, including advice about appropriate drugs or treatment. Users should disregard any such advice if it is offered through this platform and are advised to exercise care and caution when using the site.

By using this platform, you acknowledge that the services are not a substitute for in-person consultation with a licensed health professional. You should not rely on any information found on this platform to make health or well-being decisions. You should never delay or disregard seeking medical advice from your healthcare professional based on information or advice found on this site.

Any Content or information provided by Professional Members, advertisers, or other Users is presented for general informational purposes and may not be suitable for every individual or predictive of success or outcome. You assume all risk if you choose to rely on any Content found on the site.

Although we take measures to verify information provided by professional health providers, Cognagility cannot guarantee the authenticity of that information, including Professional Members’ credentials, licences, or other qualifications. We do not recommend or endorse any specific Professional Member and make no warranties regarding the quality of services provided by any listed Professional Member.

If you are experiencing a mental health crisis, are considering harmful actions, or believe you or someone else is in danger, please immediately call the appropriate emergency services. You acknowledge that this site is not intended for use in serious mental health emergencies or for providing drug treatment guidance.

I’ll add a specific section to address this important point. Here’s the additional clause that should be inserted into the Terms of Use, preferably within or immediately after Section 2 (Disclaimer of Medical Liability):

2.1. Name Disclaimer and No Endorsement

THE NAME “BESTTHERAPISTS” IS THE TRADING NAME AND BRAND DESIGNATION OF THE PLATFORM OPERATED BY COGNAGILITY AND DOES NOT CONSTITUTE, REPRESENT, OR IMPLY ANY CLAIM, REPRESENTATION, WARRANTY, ENDORSEMENT, OR GUARANTEE REGARDING THE QUALITY, EFFECTIVENESS, COMPETENCE, OR SUITABILITY OF ANY PROFESSIONAL MEMBER LISTED ON THE PLATFORM.

Users expressly acknowledge and agree that:

(a) The designation “Besttherapists” is purely a commercial name chosen for the platform and shall not be construed as a factual assertion, professional recommendation, or qualitative assessment of any Professional Member’s services, credentials, or therapeutic outcomes;

(b) Cognagility makes no representations, warranties, or claims whatsoever regarding the comparative or absolute quality of services provided by any Professional Member, whether express, implied, statutory, or otherwise;

(c) The use of the term “best” in the platform name is not intended to, and does not, constitute advice, guidance, or professional opinion regarding the selection of any particular Professional Member;

(d) No Professional Member listed on the platform should be considered as having been vetted, approved, endorsed, recommended, or certified by Cognagility as being superior to, or more suitable than, any other healthcare professional, whether listed on the platform or otherwise;

(e) Users are solely responsible for conducting their own due diligence, research, and assessment when selecting any Professional Member, including but not limited to verifying credentials, licensing, insurance coverage, and professional standing with relevant regulatory bodies;

(f) Cognagility expressly disclaims any liability arising from Users’ reliance upon the platform name as indicative of quality, effectiveness, or suitability of any Professional Member’s services;

(g) The platform operates as a directory service only, facilitating connections between Users and Professional Members, and does not constitute a referral service, professional recommendation system, or quality assurance programme.

“This disclaimer shall be construed broadly to afford maximum protection to Cognagility and shall be interpreted in accordance with Australian law. Any ambiguity in this clause shall be resolved in favour of Cognagility’s limitation of liability.”

These changes ensure the Terms of Use are governed by Australian law whilst maintaining the protective legal language and UK spelling throughout the document.

3. No Professional-Client Relationship

Using information provided through the Services, including but not limited to the “contact a professional” features (e.g. email or phone), “directory search” function, “message centre” tool, use of the “Sessions” tool, links to external websites, or any assistance we may offer to help you find a suitable professional health provider, does not create a “professional-Client relationship” either with the provider or with Cognagility.

4. Site Access and Profiles

Users and Professional Members may voluntarily submit information on the Site, authorising Cognagility, its staff, agents, and representatives to use and disclose such personal data as described in the Privacy Policy. This information may include personally identifiable details submitted within emails.

If you are a User, you may browse the Site without sharing personal data. However, to contact a Professional Member through the Site, you may need to submit details such as your name, email address and phone number, which will be shared with the selected Professional Member. You will be asked to consent to these Terms before doing so.

Please be aware that if you send a message using Cognagility’s communication form, your message will be transmitted via email, which is not fully secure.

Professional Members agree to work with Cognagility to create a public profile (“Profile”) on the Site, including information such as name, education, and professional background. A Cognagility representative may assist with setting up and updating Profiles as needed. Professional Profiles must accurately represent the individual Professional Member presented and be timely, reflecting their current services and availability. Each Professional Member is responsible for ensuring their Profile is accurate, complete, and up-to-date.

Professional Members are solely responsible for maintaining the confidentiality of their login credentials. Professional Members must immediately notify us if there is any unauthorised access to their Profile.

Professional Members agree that under no circumstances can their Profile, including access and maintaining thereof be transferred to any other person(s) or organisations without their explicit consent and without informing Cognagility in advance. Any individual or organisation acting on behalf of a Professional Member must obtain clear authorisation from the Professional Member before setting up or managing the account. Cognagility reserves the right to request proof of such authorisation.

Cognagility cannot guarantee a Professional Member’s availability. We are not responsible for cancelled or unfulfilled appointments, nor for any injury arising from use of the Services. Users are encouraged to verify a Professional Member’s credentials, education, licensing, insurance, and other relevant information by contacting licensing boards or relevant associations before selecting a Professional Member. Users understand and agree that, whilst the Services assist in connecting them with Professional Members, the final decision to engage a Professional Member’s services rests with the User, who assumes all risks associated with choosing to engage and use the services of a listed Professional Member.

Cognagility reserves the right, at its discretion and without prior notice, to remove or disable any Profile, terminate Professional Members’ accounts, and limit Site or Service access.

5. Content

In these Terms, the following defined terms are used to refer to different types of content available on or submitted to the Services:

“Professional Content” refers to content that Professional Members submit or share through the Services, including information on their experience, certifications, public Profile details, and any messages shared in connection with their practice.

“Third-Party Content” refers to content provided by entities other than Cognagility, Users, or Professional Members, which may be available on the Services.

“User Content” includes content that Users submit or transmit to or through the Services, email messages and any other shared information, including personal data.

“Cognagility Content” means all forms of content created or provided by Cognagility, including text, images, graphics, photos, audio, video, location data, information, guidance, and other types of materials.

Users and Professional Members may be able to submit various types of content to the Services, including enquiries related to mental health needs, participation in interactive features of the Services, and updates to Profiles. For purposes of these Terms, Professional Content, Third-Party Content, User Content, and Cognagility Content are collectively referred to as “Content.”

Please be thoughtful and responsible when providing Content to the Services.

6. Professional Content

Professional Members are subject to the following additional terms regarding Professional Content.

Cognagility encourages participation in the Services to Professional Members who hold active licences and possess all required certifications necessary to practice in their specialty services offered to Users. By continuing to use the Services, you represent and warrant that you hold a valid licence and/or the required certifications for the jurisdiction in which you provide your services. You are responsible for promptly informing us of any changes to your credentials.

Professional Members must provide a valid physical business address that the Professional Member owns, leases, or has a designated professional right to use.

Professional Profiles must reflect the individual Professional Member’s background, approach, and services. Every Professional Members Profile must have a unique personal statement. Professional Content must be written in the Professional Member’s own voice and may not rely primarily on generic or boilerplate language. Profiles may not promote other individuals or organisations, group practices, clinic brands, or agency wide marketing.

Professional Members must transparently disclose whether therapy will take place in-person, online or both.

Professional Members further represent and warrant that their Professional Content is accurate and up-to-date. Professional Profiles must represent providers who are personally available to accept new clients. Professionals who are not available to see new clients should indicate that they are not taking clients. Users must be able to contact and, where appropriate, work directly with the Professional Member listed.

Profile photos, gallery images, and video introductions associated with a Professional Member’s Profile must depict or be associated with the Professional Member and be owned or properly licensed by them. Use of stock photos, AI-generated likenesses, or images of others is not permitted without consent.

In providing the Services, Cognagility may (i) update Professional Members’ Profiles with information obtained from verified sources in consultation with them, (ii) contact Professional Members via phone, email, text, or other communication methods, and (iii) take necessary steps to ensure the completeness, accuracy, authenticity and timeliness of Professional Content.

Professional Members agree not to imply that their Professional Content is sponsored or endorsed by Cognagility. Professional Content must not be unlawful, nor should it promote or encourage illegal activities.

Professional Members acknowledge that Cognagility does not control the actions of Users and disclaims any warranties or liability related to User actions, including but not limited to negative feedback, no-shows for appointments, or failure to comply with these Terms. Professional Members agree not to hold Cognagility responsible for any such actions or inactions by Users.

As part of the Services, Cognagility reserves the right to publish information about a Professional Member’s service at its discretion. Cognagility may determine what information to publish or withhold and may review, edit, suppress, or remove any Professional Content it deems offensive, unlawful, misleading, AI-generated, inaccurate, or in violation of these Terms.

Professional Content is intended for general informational purposes only. It is both self-reported by the Professional Member and/or gathered from verified third-party sources, with periodic confirmation by the Professional Member. Such information may change over time and could become outdated or inaccurate. Cognagility is not involved in, nor responsible for, any services provided by the Professional Members.

7. Content Standards

These content standards apply to User Content and Professional Content. All such content must fully comply with applicable federal, state, local, and international laws and regulations.

Additionally, without limiting these requirements, Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise inappropriate;
• Promote sexually explicit or pornographic content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
• Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any individual or entity;
• Violate the rights of others, including rights of privacy and publicity, or include any material that could lead to civil or criminal liability under applicable laws or conflict with these Terms or our Privacy Policy;
• Copy, replicate, or plagiarise content from other Profiles, websites, or sources;
• Include AI-generated material (e.g. ChatGPT, Bard, etc.) unless it has been carefully reviewed, fact-checked, and personalised to reflect the provider’s unique qualifications and practice;
• Intend to mislead or deceive any person such as inaccurate or exaggerated claims about skills, credentials, appointment types, health insurance coverage or pricing;
• Intend to capture enquiries and redirect potential clients to other professionals, clinics, or call centres, whether immediately or after initial contact. This includes, but is not limited to, “bait and switch” tactics, where the Professional Member is unavailable or inaccessible and Users are routed elsewhere without prior knowledge or consent;
• Promote or encourage illegal activity, or advocate or assist in any unlawful conduct;
• Cause unnecessary distress, embarrassment, or alarm or be likely to inconvenience or upset any other person;
• Impersonate any individual or misrepresent your identity or affiliation with any person or organisation;
• Include unauthorised commercial activities, such as contests, sweepstakes, advertising, or bartering;
• Create the impression of endorsement or origin by Cognagility or any other person or organisation if such endorsement or origin is not accurate;
• Contain any material or information that could be stolen, intercepted, or disclosed in an insecure communication, such as email, and that could result in harm or risk to any individual or entity.

These standards are set to ensure that all content on Besttherapists remains respectful, accurate, and in alignment with the values of our community.

8. Copyright Infringement

In compliance with applicable copyright legislation, Besttherapists has registered appropriate procedures for handling claims of copyright infringement.

Copyright Agent:

Legal Department, Besttherapists Email: legal@besttherapists.com

We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information to our Copyright Agent:

• Signature: A physical or electronic signature of a person authorised to act on behalf of the copyright owner;
• Identification of Copyrighted Work: A description of the copyrighted work you believe has been infringed. For multiple works at a single site, you may submit a representative list;
• Identification of Infringing Material: Details of the material in question and where it is located on our site to allow us to identify it;
• Contact Information: Information that allows us to reach you (address, phone number, and email);
• Good-Faith Statement: A statement indicating that you believe, in good faith, that the use of the material is unauthorised;
• Accuracy Statement: A statement affirming the accuracy of the information in your notice, made under penalty of perjury, and that you are authorised to act on behalf of the copyright owner.

9. Your Responsibilities

9.1. General Conduct

The Services are provided solely for personal use as described in these Terms, and any other use is strictly prohibited. By using the Services, you agree not to (and not to allow any third party to):

• Utilise any manual or automated software, scripts, robots, or other methods to “scrape,” “crawl,” or otherwise access web pages, database records, or any other aspect of the Site, Services, or Cognagility Content;
• Use the Site or Services for any commercial purpose not expressly permitted by these Terms;
• Take any action that, in Cognagility’s sole determination, imposes or may impose an unreasonable or disproportionately large load on the Services or Cognagility’s infrastructure;
• Interfere with or disrupt the Site or Services, including but not limited to using viruses, Trojan horses, harmful code, denial-of-service attacks, packet spoofing, or other disruptive techniques or technologies;
• Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, a collection, compilation, or directory, using bots, crawlers, spiders, or other means, without express permission;
• Attempt to probe, scan, or test the vulnerability of any Cognagility system or network or breach any security or authentication protocols;
• Use the Site or Services to transmit, distribute, or post any information about other persons or entities without their consent;
• Copy, store, or otherwise access any information on the Site or Services for purposes not explicitly permitted by these Terms;
• Use any portion of the Services or Cognagility Content to create or provide any service or product to a third party, or incorporate any part of Cognagility Content into a third-party product or service;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any software used in the operation of the Site or Services;
• Modify any Services or Cognagility Content or create derivative works based on them;
• Use the Services or Cognagility Content for any illegal or unauthorised purpose;
• Distribute or disclose information regarding the performance of the Services or Cognagility Content or use the Services or Content for competitive analysis or benchmarking purposes;
• Encourage or enable any third party to engage in any of the prohibited activities described above.

Cognagility reserves the right to investigate and enforce penalties for any violations to the fullest extent of the law. Cognagility may access, preserve, and disclose your information if required by law, or if Cognagility believes, in good faith, that it is reasonably necessary to: (i) respond to legal claims or processes, such as subpoenas or warrants; (ii) enforce or administer agreements with Users or Professional Members, such as these Terms; (iii) support fraud prevention, risk assessment, investigation, customer support, product development, or debugging efforts; or (iv) protect the rights, property, or safety of Cognagility, its Users, Professional Members, or the public.

You acknowledge that Cognagility has no obligation to monitor your access to or use of the Site or Services. However, Cognagility reserves the right to do so to operate and improve the Services (including fraud prevention, risk assessment, investigation, and customer support), to ensure compliance with these Terms, to meet legal requirements, or to address content that Cognagility deems objectionable in accordance with these Terms.

9.2 Professional Registration Rules

(i) To post certain materials to the Site, such as Professional Profiles in the directory, you will be required to register. We will request information from you, including your name and email, for your registration. You must provide us with true and accurate registration information. We will not share your registration information with third parties, except as necessary to provide you with services you request or with your permission as provided in the Site Privacy Policy.

(ii) We will assign a username and password to you. You may not share your account, username or password with anyone else, and you will be responsible for the actions of anyone who obtains your username and/or password and uses them to access the Site. You must notify us immediately of any unauthorised use of your username and password.

(iii) If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account.

(iv) Any individual or organisation managing Profiles on behalf of more than 100 professionals must register as a Professional Network with Cognagility. This designation is required to ensure transparency, verification, and compliance with platform standards.

10. Authorisation and Acknowledgment

When using the Services to gather information, find, and engage in communication with Professional Members, you understand that, at Cognagility’s sole discretion:

• Cognagility may populate the Services with information about Professional Members;
• Cognagility will provide you with a list of Professional Members whose Profiles align with the information you have provided (such as proximity, insurance, gender or identity preferences, and other criteria you specify);
• Cognagility may use its own algorithms to select, sort and display specific Professional Members on the Services. These algorithms determine ranking and visibility based on factors such as relevance, completeness, user preferences, and platform engagement. The appearance or order of a Profile in search results does not imply endorsement or recommendation by Cognagility;
• Cognagility may charge Professional Members a fee for listing on the Site;
• Each User is solely responsible for selecting their own Professional Member through the Services. Cognagility does not establish a professional-Client relationship and disclaims all medical liability.

11. Video Conferencing Tool

Users may be invited by Professional Members to a video conferencing tool through the Site or through an app, (“Client Video”). Cognagility is not a healthcare provider, insurance provider, or prescription fulfilment service. Cognagility’s role is limited to providing you with a video conferencing tool and facilitating your access to services provided by independent healthcare professionals. Cognagility is not liable for any actions or omissions of these Professional Members or for the content of any communications between you and them. Cognagility does not employ or control the services provided by these Professional Members, even if they utilise the Client Video tool offered by Cognagility. By utilising the Client Video tool, you agree to release and hold Cognagility harmless from any liability that may arise from your use of the Services.

Additionally, Cognagility has no control over and does not assume responsibility for the content, availability, accuracy, quality, security, legality, reliability, privacy policies, or practices of any video conferencing tools provided by third parties such as Zoom. We encourage you to review the terms of service and privacy policies of any third-party providers when using such video conferencing tools.

12. Pricing and Payment

The estimated price for engaging the services of a Professional Member is displayed in the Professional Member’s Profile. These prices are set by the Professional Member and may be updated at their discretion. Whilst Cognagility may periodically verify the accuracy of pricing with Professional Members, we cannot guarantee precise pricing at any given time.

All Professional Members pay a subscription fee for listing on our platform. This subscription requires a monthly commitment, and Professional Members are responsible for the full term if they choose to cancel before the end of the month. Every Professional Member pays the same fee.

13. Professional Subscriptions

This section 13 refers to subscriptions related to Professional Members on the Site. Please refer to our Professional Members support section, accessed through your account page, for more details on subscriptions and related information.

13.1. Subscription Terms

By signing up for a subscription with Cognagility, you agree to the specific terms of your plan, including the duration, billing frequency (e.g. monthly), and any trial periods offered. Unless stated otherwise, all subscriptions are set to automatically renew at the end of each billing cycle. You will be charged at the then-current rate for the renewal period unless you cancel your subscription before the renewal date.

13.2. Billing and Charges

Cognagility will charge the payment method you provide at the start of your subscription. Charges will recur based on the selected billing cycle (e.g. monthly). By providing your payment information, you authorise Cognagility to charge the applicable subscription fees to your payment method at each billing interval until you cancel. You are responsible for keeping your payment information current. Please update your payment details promptly if there are any changes, as we are not responsible for any service interruptions caused by outdated payment information.

13.3. Cancellation Policy

If you would like to deactivate and delete your profile, please Contact Us or send your request to support@besttherapists.com.au

We do not accept pre or post-dated cancellation requests or process partial refunds – if your account has already been billed for the month in which you cancel, your profile will remain live until the end of your monthly billing cycle before it is removed.

Once we receive your cancellation request, we will promptly send an email to confirm (i) that your request has been received and processed, and (ii) at the end of your billing cycle, that your profile has been removed.

13.4. Contact for Subscription Management

If you have questions regarding your subscription or need assistance with billing, please log in to your account and go to the ‘Help’ page. There, you’ll find options to call or email our Customer Support team. We’re available to help you with billing enquiries, cancellation requests, or any questions related to your subscription.

13.5. Data Collection and Use for Subscription Services

We use Stripe as our trusted third-party billing processor to handle all payment transactions. When you provide your credit card information, it is collected and securely stored by Stripe in compliance with industry standards and regulations. Our platform does not store your credit card details directly; instead, we record only your billing preferences in accordance with our Privacy Policy and rely on Stripe to manage the secure processing and storage of your payment information.

13.6. Data Protection and Confidential Information

On the occasions that Cognagility may store or handle confidential Client information for Professional Members that are healthcare providers, our compliance obligations as a data processor are defined in the Data Processing Agreement, which is incorporated by reference into this agreement. Professional Members must sign the Data Processing Agreement to bind Cognagility.

14. Health Insurance

The health insurance plans that a Professional Member accepts are displayed on their profile. Professional Members who belong to a larger Professional Network may only list insurance plans for which they, as individual providers, are in-network. They must not list insurance plans accepted by the broader Professional Network unless they are personally credentialed with those plans. This insurance information is provided directly by the Professional Member to Cognagility and may be updated at the Professional Member’s discretion. Whilst Cognagility may periodically verify the accuracy of insurance information with the Professional Member and relevant health insurance databases, Cognagility cannot guarantee the accuracy of a Professional Member’s accepted health insurance plans at any specific time.

15. Trademarks

The “Besttherapists” name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Cognagility or its affiliates or licensors. You may not use these marks without prior written permission from Cognagility. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

16. Licence

By making any Content available on or through the Site or Services, you grant Cognagility a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, modify (solely for formatting), distribute, licence, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such Content via the Site or Services, including for commercial, advertising, and promotional purposes related to the Site or Services. This licence is granted solely for purposes of operating, marketing, and promoting the Site and Services in a manner consistent with retaining your copyright ownership of the Content.

16.1 Specific Uses of Licensed Content

In addition to the general licensing rights granted above, you agree that Cognagility may utilise Content in the following ways:

• Advertising and Marketing: We may use Content, including anonymised feedback or testimonials, for marketing materials and advertising campaigns across various platforms, such as social media, email, and print.
• Content Sharing and Partnerships: Content may be shared with select partners and service providers for the purpose of enhancing and promoting the Services. For example, anonymised data may be shared with partners to provide insights into user preferences and behaviours.
• Revenue Generation and Aggregated Data Insights: Cognagility may derive revenue from aggregated, non-personally identifiable data derived from Content. This aggregated data may be used for research, analytics, and industry insights without containing any personally identifiable information (PII). We do not directly sell or share PII without explicit user consent.
• Research and Product Development: Content and data may be anonymised and aggregated to support research and the development of new features or services that enhance user experience on the platform.

16.2 Limited Licence for User Access and Viewing

Subject to your compliance with these Terms, Cognagility grants you a personal, revocable, limited, non-exclusive, non-transferable licence to: (i) access and view any Cognagility Content solely for your personal and non-commercial purposes whilst using the Services; (ii) access and view Professional Content as permitted, solely for personal and non-commercial use; and (iii) access and use the Services through a standard web browser to receive information and communicate with Professional Members, as allowed herein. You may not sublicense any rights granted to you in this section.

16.3 Restrictions on Use of Cognagility Content

You agree not to use, copy, adapt, modify, prepare derivative works from, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Cognagility Content or any portion thereof, except as expressly authorised in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights held by Cognagility or its Content providers, except for those expressly granted in these Terms.

16.4 Updates and Modifications to Cognagility Content

Cognagility Content may be updated or modified by Cognagility at its sole discretion and without notice.

16.5 Termination of Rights for Unauthorised Use

If you print, copy, modify, download, or provide any other person access to any part of the Site in violation of the Terms, your right to use the Site will terminate immediately, and you must, at our discretion, return or destroy any copies of materials you have made. No right, title, or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by Cognagility. Any unauthorised use of the Site is a violation of these Terms and may infringe copyright, trademark, and other laws.

17. Third Party Links And Services

17.1 Links to Other Websites

The Site and Services may include links to external websites or resources, including those listed by Professional Members. You acknowledge and agree that Cognagility is not responsible for: (i) the availability or accuracy of these external sites or resources; or (ii) any content, products, or services found on or accessible through such sites or resources. Links to these external sites or resources do not imply any endorsement by Cognagility of the content, products, or services they offer. You assume sole responsibility for, and accept all risks associated with, your use of any external websites or resources and the content, products, or services available through them.

17.2 Third Party Software

Certain Services provided by Cognagility may include software from third parties, including open-source software. Your use of this third-party software is subject to any applicable additional terms and conditions set forth by the third-party provider. Cognagility may provide additional notices regarding such software, which may include attribution and disclaimers specific to the third-party software.

17.3 Application Stores

You acknowledge that access to our mobile applications depends on third-party application stores (such as the Apple App Store, Google Play, or other distribution platforms, each referred to as an “Application Provider”). Each Application Provider may have its own terms and conditions, which you must agree to prior to downloading the application. Your licence to use our mobile application is contingent upon compliance with these Application Provider terms and conditions. In cases where these Application Provider terms are less restrictive or conflict with these Terms, the more restrictive or conflicting terms of these Terms apply.

If you are using the Services through an application such as BT Pro or Client Video (the “Application”), provided by an Application Provider, you and Cognagility agree that: (i) these Terms are solely between you and Cognagility, not the Application Provider, and Cognagility is solely responsible for the Application; (ii) the Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, exclusively for use with the Services and subject to these Terms; (iii) for Apple devices, you may use the Application only with Apple devices you own or control; (iv) the Application Provider is not required to provide maintenance, support, or warranty services for the Application; (v) if the Application does not meet any applicable warranty, you may notify the Application Provider, who may refund the purchase price, if any, of the Application, as its sole obligation; (vi) Cognagility is responsible for addressing any claims related to the Application, whether brought by you or a third party; (vii) in using the Application, you agree to any third-party terms of service applicable to that use; (viii) the Application Provider and its affiliates are third-party beneficiaries to these Terms concerning your use of the Application, and upon your acceptance of these Terms, the Application Provider has the right (and is considered to have accepted the right) to enforce these Terms against you as a third-party beneficiary; (ix) if a third party claims that the Application or your possession and use of it infringes on their intellectual property rights, Cognagility will be responsible for investigating, defending, settling, and resolving the claim, not the Application Provider; and (x) you confirm that you are not located in a country subject to government embargo or designated as “terrorist-supporting” by any government and that you are not on any government list of prohibited or restricted parties.

These Terms apply to your use of all Cognagility Services, including the Application.

18. Termination

Cognagility may suspend or terminate your access to any part of the Services, or terminate these Terms immediately, without prior notice, in its sole discretion. This includes, but is not limited to, suspending access if Cognagility believes you are violating any portion of these Terms. Following termination or suspension, you may or may not be granted permission to re-establish an account. You agree that Cognagility will not be liable to you for terminating your account or access to the Services or for any resulting consequences of such termination. Please be aware that Cognagility is not obligated to delete or return any Content you have shared on the platform after cancellation.

19. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, COGNAGILITY WILL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES, NOR FOR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) ANY USE OF THE SERVICES, (C) ANY FAILURE OR DELAY IN PROVIDING OR ACCESSING ANY PART OF THE SERVICES, (D) THE SERVICES OR CONDUCT OF ANY PROFESSIONAL MEMBER, OR (E) TERMINATION OF YOUR ACCESS TO THE SERVICES. COGNAGILITY DOES NOT ACT AS AN AGENT OR REPRESENTATIVE OF ANY PROFESSIONAL MEMBER LISTED ON THE PLATFORM.

Certain jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, meaning some of the limitations above may not apply to you. If you are dissatisfied with any part of the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services.

In no event shall our cumulative liability to you for all claims relating to or arising from the Services exceed $150.

All parties agree that the limitations and exclusions in this “Limitation of Liability” section, along with the “Disclaimer of Warranties” section below, are critical elements of these Terms and reflect a reasonable allocation of risk. You further agree that Cognagility would not be able to provide the Services without these limitations, which shall apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.

20. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND. COGNAGILITY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. COGNAGILITY MAKES NO GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT PROVIDED OR RECEIVED THROUGH THE SERVICES. COGNAGILITY WILL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS IN COMMUNICATION, SERVICE FAILURES, OR OTHER ISSUES ARISING FROM INTERNET OR COMMUNICATION FAILURES BEYOND OUR CONTROL. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COGNAGILITY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

The above disclaimers apply to the maximum extent allowed by law. You may have additional statutory rights; however, the duration of any such warranties, if applicable, will be limited to the maximum extent allowed by law.

21. Indemnification

You agree to defend, indemnify, and hold harmless Cognagility and its affiliates, subsidiaries, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, that arise from (a) your access to or use of the Services, (b) your violation of these Terms, (c) your Content, and (d) your interaction with or use of services provided by a Professional Member, including any injuries, losses, or damages of any kind resulting from those services.

22. Release

By using the Services, you agree to release, discharge, and hold Cognagility and its affiliates harmless from any and all claims, damages, losses, or injury (including death) arising from or related to the Services or any disputes with other Users or Professional Members on the platform.

23. Governing Law

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of Australia, without giving effect to conflicts of law principles. This Agreement and all documents referenced herein were drafted in the English language and any translations thereof shall not be binding on either party to the extent they conflict with the English versions.

The courts of Australia shall have exclusive jurisdiction over any disputes arising from or relating to this Agreement.

24. Limitation on Time to File Claims

To the extent allowed by applicable law, you agree to bring any claim or action relating to your use of the Services within one (1) year from the date on which the claim or action arose. Claims not filed within this timeframe will be permanently barred.

25. Binding Arbitration Agreement And Class Waiver Disclosure

Agreement to Arbitration; Class Waiver: You and Cognagility agree that, except as outlined below regarding small claims court, any dispute, claim, or controversy arising from or relating in any way to the Site, Services, or Content—including, but not limited to, our Privacy Policy and/or our general privacy practices, these Terms, and this agreement (the ‘Arbitration Agreement’)—will be settled by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) or Resolution Institute. Arbitration is a more informal process than going to court; it involves a neutral arbitrator rather than a judge or jury, allows for limited discovery, and is subject to restricted court review.

By agreeing to these Terms, you accept that this Arbitration Agreement governs the interpretation and enforcement of dispute resolution and that both you and Cognagility waive the right to a jury trial or participation in a class action. This arbitration clause shall survive any termination of these Terms.

Pre-Filing Mediation: In the case of a dispute, before arbitration begins, the claimant must send a written Notice of Claim (“Notice”) to the other party by registered post. If you are the claimant, send the Notice to us at support@besttherapists.com. This Notice must include: (a) a description of the dispute and its basis; and (b) the specific relief sought. Both parties agree to engage in good-faith negotiations over the claim. If the dispute is unresolved within sixty (60) days of the Notice, the claimant may proceed with arbitration or file a claim in small claims court as appropriate.

Additional Arbitration Provisions:

(a) Settlement Offers: During arbitration, the amount of any settlement offer made by either party will not be disclosed to the arbitrator.

(b) Initiating a Claim: The required form to initiate arbitration can be downloaded from the ACICA website at www.acica.org.au or Resolution Institute website at www.resolution.institute. Alternatively, you may contact ACICA by writing to Australian Centre for International Commercial Arbitration, Level 15, 233 Castlereagh Street, Sydney NSW 2000.

(c) Fees for Initiating Arbitration: If you are required to pay a filing fee to start arbitration, Cognagility will promptly reimburse you upon receiving notice of the arbitration initiation, provided your claim is not greater than AUD $10,000.

(d) Applicable Rules; Administrator: The arbitration process will be governed by the ACICA Arbitration Rules or Resolution Institute Arbitration Rules, as modified by these Terms, and administered by the relevant body. The applicable rules are available at www.acica.org.au or www.resolution.institute. The arbitrator must follow these Terms, including resolving issues related to the scope and enforceability of this Arbitration Agreement.

(e) Location of Hearing: Unless otherwise agreed, arbitration hearings will occur in Sydney, Australia. For claims of AUD $10,000 or less, you may opt to have the arbitration conducted solely via submitted documents, a telephonic hearing, or an in-person hearing based on the applicable arbitration rules. For claims over AUD $10,000, the applicable rules will determine whether a hearing is necessary. In all cases, the arbitrator shall issue a written decision with essential findings and conclusions.

(f) Class Waiver: YOU AND COGNAGILITY AGREE THAT CLAIMS AGAINST EACH OTHER WILL ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot consolidate claims from multiple parties or preside over any form of representative or class proceedings. If this provision is deemed unenforceable for any individual claim, the entire arbitration clause becomes void.

(g) Injunctive Relief Limitation: The arbitrator may only award declaratory or injunctive relief to the individual party involved, limited to the relief warranted by that party’s specific claim.

(h) Small Claims Procedure Alternative: Either party may bring an individual action in small claims court, provided the claim qualifies for such a programme, as an alternative to arbitration.

Opt-Out Provision: You have the right to opt-out of this Arbitration Agreement within thirty (30) days of first using the Service (or, for existing Users, within thirty (30) days from the posting date of this Agreement on the Site). To do so, submit a signed written opt-out notice with sufficient identifying details to support@besttherapists.com. If thirty (30) days have passed, you are no longer eligible to opt-out and must resolve any disputes through binding arbitration as outlined in these Terms.

26. Entire Agreement

These Terms, along with our Privacy Policy, and the Data Processing Agreement for each participating Professional Member, collectively form the entire and exclusive agreement between Cognagility and you concerning the Site and the Services. Together, these policies and agreements supersede and replace any previous oral or written understandings or agreements between Cognagility and you regarding the Site and the Services.

27. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations listed above, the invalid or unenforceable part will be replaced by a valid provision that closely reflects the original intent, and the remainder of the Terms will continue in effect.

28. Waiver

If Cognagility does not enforce any right or provision of these Terms, it does not waive Cognagility’s right to enforce that provision in the future. Waivers of any right or provision will be effective only if in writing and signed by an authorised representative of Cognagility. Except as specified in these Terms, each party’s exercise of any remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

29. Miscellaneous

29.1 Electronic Communications

All information exchanged as part of the Services is considered an electronic communication. By communicating with us through the Site or other electronic methods, like email, you agree that we may communicate with you electronically, and that all such communications—such as notices, disclosures, agreements, and other messages—have the same effect as if they were provided in writing and signed by the sending party. Additionally, by clicking buttons labelled “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE TO THE PRIVACY POLICY AND TERMS,” or similar, you are submitting a legally binding electronic signature and entering into a binding contract. You agree that your electronic submissions represent your consent and intent to be bound by these Terms, and you authorise the use of electronic signatures, contracts, orders, and other records as well as the electronic delivery of notices, policies, and transaction records completed through the Services.

29.2 Amendment

We may change these Terms of Use, including the Site Privacy Policy, at any time. We will post notification of material changes on the Site. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

29.3 Headings

Section headings within this Agreement are provided for convenience only and do not form a part of the Agreement. These headings do not influence, define, modify, interpret, or construe the meaning, scope, or intent of this Agreement or any specific terms and conditions.

29.4 Eligibility

To create an account or use the Services independently, you must be at least 18 years old or the legal age to form a binding contract in your jurisdiction if that age is higher. Individuals under the age of 13 are not permitted to use the Services. If you are between the ages of 13 and 18, or the applicable legal age in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who agrees to these Terms. By using the Services on behalf of a minor, you confirm that you are the parent or legal guardian of the minor or have the authority to agree to these Terms on behalf of the minor, and all references to “you” in these Terms shall apply to the minor or individual under your authorisation, as well as to you in your role as the responsible adult.

If you do not meet these eligibility requirements, you are not permitted to use the Services. Access to the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. By accessing and using the Services, you represent and warrant that you have the right, authority, and capacity to agree to these Terms. Users are solely responsible for ensuring compliance with local, state, national or federal laws that apply to their use of the Services.

29.5. Your Comments and Concerns

This Site is operated by Cognagility. For questions regarding these Terms or to report a concern about the Site, a User, or a Professional Member listed on our Site, please reach out to us at support@besttherapists.com.au.