Terms of Use

TERMS OF USE FOR MINDWAY EAP
Effective Date: 11/11/2024
Welcome to Mindway EAP. These Terms of Use ("Terms") govern your access to and use of Mindway EAP's services, including the Employee Assistance Program (EAP) and the Mindway EAP Application (“App”). By accessing or using the EAP services or the App, you agree to these Terms.
1. Definitions

Company, We, Our, or Us: Refers to Mindway Group PTY LTD, trading as Mindway EAP, based in Victoria, Australia (ABN: 29682230075).
EAP Services: Refers to the counselling, mental health support, and other employee assistance services provided by Mindway EAP.
Application Content: All materials, information, text, graphics, images, and resources available within the App, provided by the Company.
Updates: Software patches, improvements, or upgrades provided by the Company to enhance App functionality.
Platform: The distribution platforms, such as the App Store and Google Play, where the App is made available for download.
Application Software: All software, code, and technology associated with the App.
User: Any individual using Mindway EAP’s services, including the EAP services and the App.
User Content: Content created, posted, or submitted by Users within the App, such as notes or journal entries.
Services: All services provided by the Company, including EAP counseling, App-based resources, Application Content, Software, and technical support.

2. Acceptance of Terms
By accessing or using Mindway EAP's services, including the EAP and the App, you indicate acceptance of these Terms. This Agreement is legally binding, and all rights granted to the User are non-transferable without the Company’s express written consent.
3. Eligibility and Accounts

Age Requirement: Users must be at least 18 years old to access Mindway EAP services. By using the EAP services or App, you confirm that you meet this requirement.
Account Information: Each User account requires a valid name and email address for registration and identification purposes.
Personal Information: Information provided, such as name and email, is used solely to personalize your experience and facilitate the delivery of EAP services.

4. Intellectual Property

License to Use: The Company grants you a limited, non-exclusive, non-transferable license to use the EAP services and App for personal, non-commercial purposes.
Ownership: Mindway Group PTY LTD retains all rights, title, and interest in the EAP services, Application Content, Software, and all related intellectual property.
Restrictions: Users may not copy, modify, distribute, or otherwise exploit Application Content, EAP materials, or Software without prior written permission from the Company.

5. Usage Rules
Users of Mindway EAP’s services agree to:

Compliance: Abide by these Terms, as well as any applicable laws and regulations.
Accuracy: Provide and maintain accurate and up-to-date account information.
Security: Protect login credentials and report any stolen or compromised credentials immediately.
Content Standards: Follow content posting guidelines within the App, ensuring all User Content is appropriate and does not violate these Terms.

6. Confidentiality of EAP Services

Confidentiality: Mindway EAP is committed to maintaining the confidentiality of all counseling and EAP-related data. Personal information, identifiable session details, and usage data will not be shared with your employer.
Exceptions: We may share limited information with your employer only if strictly required, such as for statistical purposes or billing, and in an aggregated format that does not reveal personal details.
App Usage: Data such as your name and email will only be used for verification, billing, and providing necessary support.

7. User Content

Ownership of User Content: Users retain ownership of content created and posted within the App.
Moderation Rights: Mindway EAP does not pre-screen User Content but reserves the right to remove any content deemed inappropriate or in violation of these Terms.
Feedback: Feedback submitted to support@mindwayeap.com.au grants the Company a royalty-free license to use, modify, and incorporate feedback into services.

8. Access, Availability, and Data Security

Modification of Services: The Company reserves the right to modify, suspend, or discontinue any aspect of EAP services or the App at its discretion, without prior notice.
Service Availability: Mindway EAP strives for continuous access, but uninterrupted service cannot be guaranteed. The Company is not liable for any downtime or interruptions.
Updates: Users are responsible for installing any Updates to access the latest features and security improvements.
Data Security: Reasonable technical and organizational measures are implemented to protect personal data from unauthorized access, disclosure, or alteration.
Data Deletion Requests: Users may request deletion of their personal data by contacting support@mindwayeap.com.au. Data will be deleted within a reasonable timeframe unless retention is required by law.

9.Limitation of Liability

No Liability for Damages: The Company is not liable for indirect, incidental, or consequential damages resulting from your use of the EAP services or the App.
Assumption of Risk: Use of the EAP services and App is at your own risk, provided “as is” without any warranties, express or implied, regarding performance, accuracy, or reliability.
Counseling Outcomes: The Company is not liable for any outcomes of counseling or professional advice received through the EAP services.

10 Dispute Resolution

Governing Law: This Agreement is governed by the laws of Australia.
Negotiation Requirement: Both parties agree to engage in good faith negotiation to resolve any dispute before pursuing further legal action.

11 Medical Disclaimer

No Substitute for Medical Advice: The EAP services and App are not a substitute for professional medical advice, diagnosis, or treatment. Users should consult healthcare professionals for health-related concerns.

12. Final Provisions

Review of Terms: Users are responsible for regularly reviewing these Terms to stay informed of updates.
Severability: If any provision of this Agreement is deemed invalid, it does not affect the validity of the remaining provisions.
No Guarantee of Results: The EAP services and App are provided "as is" without any guarantee of specific results or outcomes.
Privacy Policy Integration: The Privacy Policy is incorporated into these Terms and applies to all Users.

13. Disclaimer of Liability

Use at Your Own Risk: Mindway EAP disclaims liability for any consequences arising from actions taken based on information or content within the EAP services or App.
Counseling and Third-Party Services: Mindway EAP is not liable for outcomes of counseling services or any third-party products or services accessed within or recommended by us.

These Terms of Use constitute the entire agreement between you and Mindway Group PTY LTD regarding the use of Mindway EAP’s services and App. By using our services, you acknowledge that you have read, understood, and agree to these Terms.

Contact Information: If you have any questions or concerns regarding these Terms, please contact us at support@mindwayeap.com.au.

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