TERMS OF USE FOR MINDWAY EAP
Effective Date: 05/09/2024
1. Definitions

• Company, We, Our, or Us: Refers to Mindway EAP, based in Victoria, Australia, which operates the "Mindway EAP" Application.
• Application Content: All content in the Application provided by the Company.
• Updates: Software improvements or patches released by the Company.
• Platform: The app distribution platforms, such as the App Store and Google Play.
• Application Software: All software associated with the Application.
• User: Any individual using the Application who agrees to this Agreement.
• User Content: Content created or posted by the User in the Application.
• Services: The Application Content and Software.

2. Acceptance of Terms
By installing and using the Mindway EAP App, you agree to these terms. Use of the App is bound by this Agreement, and User rights are non-transferable without prior written consent from the Company.
3. Eligibility and Accounts

• Users must be at least 18 years old.
• An anonymous account will be created for each User.
• Personal information is optional and used only to personalise your experience.

4. Intellectual Property

• You are granted a limited, non-transferable license to use the App for personal purposes.
• The Company retains ownership of all intellectual property rights to the Application Content and Software.
• Users may not reproduce, modify, or distribute Application Content without explicit permission.

5. Usage Rules
Users must:

• Adhere to this Agreement.
• Provide accurate account information.
• Report stolen credentials promptly.
• Protect account login details.
• Follow content posting guidelines.

6. User Content

• Users retain ownership of their User Content.
• The Company will not pre-screen content but reserves the right to remove inappropriate content.
• Feedback can be submitted to support@mindwayeap.com.au, granting the Company a license to use it.

7. Access and Availability

• The Company reserves the right to modify or discontinue the App without notice.
• We do not guarantee uninterrupted access and are not responsible for downtime.
• Users are responsible for installing updates.
• Deleting the App results in loss of data, and the Company is not liable for data loss.

8. Data Security

• Reasonable measures are in place to secure personal data.
• Users may request data deletion by contacting support@mindwayeap.com.au.

9. EAP Services Confidentiality

• We will not share any personal information with your workplace, including:
• App usage data.
• Name & email for counselling
• Emotion tracking data.
• Counselling session details.
• Exceptions: We may share your name and email for app verification only & counselling session date for billing and statistical purposes (no personal information).

10. Advertising

• The App may display Company advertisements.
• No third-party advertising or access to personal data is permitted.

11. Liability

• The Company is not liable for indirect damages, user content, or third-party products/services.
• Use of the App is at the User's risk, provided "as is" without any guarantees.

12. Dispute Resolution
Disputes will be resolved through negotiation and subject to Australian law.
13. Medical Disclaimer
The App is not a substitute for professional medical advice. Users should consult healthcare professionals for any health-related issues.
14. Final Provisions

• This Agreement is governed by Australian law.
• Users are responsible for regularly reviewing these terms for updates.
• Invalidated terms will not affect the remaining terms of this Agreement.
• The App is provided "as is" without guarantees of specific results.
• The Privacy Policy is an integral part of these Terms of Use.

15. Disclaimer of Liability

• The Company disclaims liability for any consequences arising from the use of the App.
• Users are solely responsible for actions taken based on App content.
• The Company is not liable for the outcomes of counselling services or third-party products.

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See Privacy Policy