Wellbeing Gateway by Springday – Terms of Use for Human Psychology clients

General 

• Springday is the host of the Gateway, a digital platform promoting better health and wellbeing available to Human Psychology clients pursuant to these Terms of Use.
• By using the Gateway, you are deemed to have accepted these Terms of Use.  If you do not agree with these Terms of Use, please discontinue your use of the Gateway.  
• The Gateway is for individuals who are eligible to receive, or access Human Psychology services and have received a company specific code issued by Human Psychology (Eligible Individual).   
• The Eligible Individual warrants that it will not disclose the company specific code to any persons other than other Eligible Individuals and their family members.  The code is to remain confidential at all times.  
• In order to access the Gateway, you will be asked to create a personal account and password.  You agree not to share this password with anyone else and take active steps to ensure the password is kept secure and confidential at all times.
• The information stated in the Gateway is for general use only and not intended to be specific to your personal circumstances.  We recommend that you seek independent professional advice tailored to your individual needs where appropriate.
• While we make every effort to ensure that information on the Gateway is accurate and up to date, we do not warrant or represent the completeness and accuracy of that information and accept no legal liability whatsoever arising from or connected to the content, accuracy, completeness, legality or reliability of the information contained on the Gateway. 
• You must ensure that information provided via the Gateway is true, accurate, complete and not misleading.   
• The Gateway must not be used in a way that is unlawful, illegal, harmful or fraudulent or is related to any purpose or activity that is unlawful, illegal, harmful or fraudulent.  
• We reserve the right to withdraw your access to and use of the Gateway if we determine that usage is in a manner that is unlawful, illegal, harmful, fraudulent or damaging to our reputation.  
• Please seek medical advice prior to undertaking any exercise program on the Gateway.
• We do not accept any liability for services or information provided by third party service providers including Otivo.
• We may vary these Terms of Use at any time.  Such variations shall be effective on posting of the new Terms of Use on the Gateway.  
• These Terms of Use are governed by the laws of Western Australia and all parties irrevocably submit to the exclusive jurisdiction of its Courts and Appellate Courts. 
• In these Terms of Use, the words ‘Springday’ refer to Springday Pty Ltd, ‘Human Psychology’ refers to Clinsych Psychology Services Pty Ltd and ‘Parent Company’ refers to Ingeus Australia Pty Ltd.  The word ‘Gateway’ refers to materials and services accessible via Wellbeing Gateway by Springday located at https://hp.wellbeinggateway.com and provided in the mobile app named ‘Wellbeing Gateway’, accessed via the App Store or Google Play.  The word ‘you’ refers to an Eligible Individual and their family members who have access to the Gateway.  The words ‘us’, ‘our’ or ‘we’ refer to Human Psychology, Springday and the Parent Company.  The term ‘Chat Now’ refers to the live chat service which operates via the Gateway.
   

Copyright Notice 

• We either own or control the copyright and other intellectual property rights in the materials on the Gateway or have a licence to do so. By uploading videos and other content onto Gateway, you are agreeing to licence to us for free, the right to use and retain these for purposes of the Gateway.   
• You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Gateway including code and software without our prior written consent.
• Articles, recipes, fact sheets, e-books and e-learning modules may be downloaded from the Gateway by an Eligible Individual but can only be shared with other Eligible Individuals and their family members.   
   

Chat Now Service 

• If you are accessing the Gateway’s Chat Now service, you agree and understand that this service is not intended to replace emergency services.  If you are in an emergency situation or require assistance with a life-threatening situation, the Chat Now service should not be engaged.  The appropriate course is to contact emergency services on 000. 
• Chat Now service is two-way instant messaging that provides counselling and coaching services.  It is delivered by the Parent Company.  Chat Now functionality is made possible by one or more third party service providers including Genesys. 
• Chat Now is provided ‘as is’ and ‘as available’.  We disclaim responsibility and liability for availability, timeliness, security or reliability of the service or accuracy of responses.  We may modify, suspend or stop the service at any time without notice and without liability to anyone.  Answers provided during Chat Now are informational and may be subjective. 
• We disclaim liability and by using Chat Now you agree we will not be liable for injury, loss or damage to you or anyone else from or related to your use of Chat Now or reliance on information provided in the service or from the operation of the service itself.  You agree to waive and release us and our personnel and service providers from all liability. 
• Use of Chat Now is an option available to you and not required to access our services. There are other ways of communicating with us if you do not want to use Chat Now, such as emailing Human Psychology at reception@humanpsychology.com.au or phoning its customer service number on 1300 277 924.