You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to Therapy or have your Parent/Guardian consent to Therapy, and (ii) physically located when creating your Account. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Therapist to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the therapists you access (“Therapist(s)”) are relying upon this certification in order to interact with you and provide the Services.
Other than information received directly by you from a Therapist, the Platform Content should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Site Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, MyMind does not recommend or endorse any specific tests, providers, medications, products or procedures. MyMind does not discourage Users to attend regular face to face therapy.
To access the Services, you must first enrol to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrolment form (understanding you may use an anonymous user name or nickname after you provide your Contact Information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyMind has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, MyMind reserves the right to transition your treatment to another Therapist off the Platform and refuse any future request(s) to use the MyMind Service. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. MyMind will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge.
In addition to the registration described above, access to the Services through a EAP or an Employer sponsored benefit plan or other insurance backed plans may require you to provide additional registration information. This information is collected to confirm your eligibility with the EAP or network benefit administer and is not shared with your Therapist (who will collect your contact information separately) Further, your Employer not be provided this information (you likely already gave them similar information in your employee file unless you are a family member of an eligible employee) and your employer will not be told you or your family member are using the Services unless such information is shared by you or part of a pre-arranged special program. Information collected under these circumstances will include but not be limited to:
This information is required to confirm program or benefit eligibility and specifics of your benefits and to prevent insurance and benefit fraud. Industry standard clinical surveys' results may be shared with data analysis partners working with your employer where applicable.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither MyMind nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that:
If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or MyMind may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
Payment for use of the Services is used to compensate MyMind for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage. You confirm and agree that all payment related information that you provided and will provide in the future are accurate, current and correct and will continue to be accurate, current and correct. You confirm and agree to use only payment means (credit cards or others) which you are duly and fully authorised to use. You agree to pay all fees and charges associated with your Account a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorise us to bill and charge you through that credit card once a month from the date of registration. You agree to maintain valid credit card information in your Account information. You agree to be charged for the service on a monthly basis, even if you have not been using the service, unless you unsubscribe from your plan or cancel your account.
The Therapists practicing through the Service also pay for use of the MyMind technology and for administrative fees. Part of your payment, accounted for separately, is remitted to the Therapist for the clinical services provided to you. MyMind not hold itself out as the direct provider of any Therapist services. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published by MyMind from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the credit card provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing MyMind with credit card information you authorise MyMind to bill and charge your credit card.
If you access the Services through a EAP or an Employer sponsored benefit plan or other insurance backed plans; your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which will be explained in your benefit program.
MyMind does not employ the Therapists matched through the Service. Furthermore, MyMind assumes no responsibility for the quality of the therapeutic services a Therapist provides, nor any act, omission or wrongdoing of any Therapist. While MyMind will help you match with a Therapist, help you find a new Therapist if the match is unsuccessful and follow up on any complaints about your current Therapist, MyMind makes no representation or warranty whatsoever as to whether you will find the Therapist’s services relevant, useful, correct, satisfactory or suitable to your needs.
While MyMind does arrange extensive credentialing on Therapists practicing on the Platform, MyMind cannot legally guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Therapist as documents may be presented to MyMind, third party credentialing services and other State Boards as accurate when they are not. Your relationship relating to the Therapist is strictly with the Therapist. MyMind is not involved with the actual substance of that relationship and does not validate or control any of the Therapist provided counselling. You are advised to exercise a high level of care and caution in the use of the MyMind. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the care offered through the service may not be a full and complete substitute for a face-to-face session by a licensed Therapist. You should never rely on or make health or well-being decisions purely on use of MyMind. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare therapist, or by traditional face-to-face appointment; because of information or advice you received through MyMind.
All of the content available on or through the Service is the property of MyMind or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of MyMind or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
The license granted herein does not permit you, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYMIND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MYMIND DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MYMIND MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. MYMIND CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL MYMIND, ANY MYMIND LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL MYMIND, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF MYMIND OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by MyMind, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to MyMind. MyMind does not endorse the content on any third-party websites. MyMind is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. MyMind does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
MyMind may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. MyMind has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organiSation at any time, for any reason or for no reason at all, in our sole discretion. MyMind reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must these Terms as a court would.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration MyMind and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms constitute the entire agreement between MyMind and yourself regarding the Service, and supersede and replace any prior agreements you and MyMind might have regarding the Service. MyMind may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
You agree to submit to the venue and jurisdiction of the state Queensland in the cases that arbitration is not successful or is assigned or appealed to a civil court. MyMind’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by MyMind may be delivered by electronic mail to the address provided during the creation of your Account.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement. These Terms constitute the entire agreement between MyMind and yourself regarding the Service and supersede and replace any prior agreements you and MyMind might have regarding the Service. MyMind may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.