TERMS OF USE FOR MINDWAY EAP
Effective Date: 26 January 2025
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 be bound by these Terms. If you do not agree with these Terms, you must not use our services or App.
1. Definitions
By accessing or using Mindway EAP’s services, including the EAP and the App, you confirm your acceptance of these Terms. This Agreement is legally binding, and all rights granted to you are non-transferable without the Company’s prior written consent.
3. Eligibility and Accounts
When using Mindway EAP services, you agree to:
10. Dispute Resolution
The EAP services and App are not substitutes for professional medical advice, diagnosis, or treatment. Users should consult qualified healthcare professionals for any health concerns.
12. General Provisions
If you have questions or concerns, please contact us at support@mindwayeap.com.au.
Effective Date: 26 January 2025
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 be bound by these Terms. If you do not agree with these Terms, you must not use our services or App.
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: Includes 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: Refers to 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: Refers to content created, posted, or submitted by Users within the App, such as notes or journal entries.
- Services: Includes all services provided by the Company, such as EAP counselling, App-based resources, Application Content, Software, and technical support.
By accessing or using Mindway EAP’s services, including the EAP and the App, you confirm your acceptance of these Terms. This Agreement is legally binding, and all rights granted to you are non-transferable without the Company’s prior written consent.
3. Eligibility and Accounts
- Age Requirement: You must be at least 18 years old to access Mindway EAP services. By using the services or App, you confirm that you meet this requirement.
- Account Information: Users must provide a valid name and email address for registration and identification purposes.
- Use of Personal Information: Personal information provided during registration is used solely to personalise your experience and facilitate service delivery. Your name and email may be shared with your employer at signup for verification and access management purposes.
- Licence to Use: The Company grants you a limited, non-exclusive, and non-transferable licence to use the EAP services and App for personal, non-commercial purposes.
- Ownership: All rights, titles, and interests in the EAP services, Application Content, Software, and related intellectual property remain with Mindway Group PTY LTD.
- Restrictions: Users may not copy, modify, distribute, or exploit Application Content, EAP materials, or Software without the Company’s prior written permission.
When using Mindway EAP services, you agree to:
- Compliance: Adhere to these Terms and all applicable laws and regulations.
- Accuracy: Provide and maintain accurate and up-to-date account information.
- Security: Protect your login credentials and report any unauthorised access immediately.
- Content Standards: Ensure all User Content posted within the App complies with these Terms and does not contain offensive or inappropriate material.
- Confidentiality Commitment: Mindway EAP is committed to maintaining the confidentiality of all counselling sessions and related data. Personal information, session details, and individual usage data will not be shared with your employer.
- Exceptions: Aggregated, anonymised metrics and trends (e.g., counselling reasons data, and usage statistics) may be shared with your employer to provide insights into workplace wellbeing. No personally identifiable information will be included in these reports.
- Data Use for App Access: Your name and email will be used only for signup verification, billing, employer access management, and support provision. Counselling session data is not linked to personal identifiers.
- Ownership: Users retain ownership of any content they create or post within the App.
- Moderation: While Mindway EAP does not pre-screen User Content, the Company reserves the right to remove any content that violates these Terms or is deemed inappropriate.
- Feedback: Any feedback provided to support@mindwayeap.com.au grants the Company a royalty-free licence to use and incorporate it into improving the services.
- Service Modification: The Company reserves the right to modify, suspend, or discontinue any aspect of the EAP services or App without prior notice.
- Availability: While we strive for uninterrupted access, the Company does not guarantee continuous availability of the App or services.
- Updates: Users are responsible for installing App updates to access the latest features and maintain security.
- Data Security: We implement reasonable measures to protect personal data from unauthorised access, disclosure, or alteration.
- Data Deletion Requests: Users may request deletion of their data by contacting support@mindwayeap.com.au. Deletion requests will be processed promptly unless retention is required by law.
- No Liability for Damages: The Company is not liable for indirect, incidental, or consequential damages arising from your use of the services or App.
- Use at Your Own Risk: All services are provided “as is,” without warranties of performance, accuracy, or reliability.
- Counseling Outcomes: The Company is not liable for any outcomes of counselling or professional advice received through the EAP services.
10. Dispute Resolution
- Governing Law: These Terms are governed by the laws of Australia.
- Resolution Process: Parties agree to engage in good faith negotiations to resolve disputes before pursuing legal action.
The EAP services and App are not substitutes for professional medical advice, diagnosis, or treatment. Users should consult qualified healthcare professionals for any health concerns.
12. General Provisions
- Review of Terms: Users are responsible for reviewing these Terms regularly to stay informed of updates.
- Severability: If any provision is found to be invalid, the remaining provisions will remain enforceable.
- Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and the Company.
If you have questions or concerns, please contact us at support@mindwayeap.com.au.
© All Rights Reserved 2024. Mindway Group PTY LTD. ABN: 29682230075.
Mindwayeap.com.au
Mindwayeap.com.au