Terms of Use for Mindway EAP

Effective Date: 13 April 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 immediately discontinue use of our services and the 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: Includes all counselling, mental health support, and employee assistance services provided by Mindway EAP, which may include face-to-face, virtual, or telephone-based sessions.

Application Content: Encompasses all content, text, graphics, images, videos, and other materials available within the App or provided through the services, including content created by the Company and third-party partners.

Updates: Refers to any updates, patches, upgrades, or enhancements to the App or its functionality, which may include new features, bug fixes, or improvements.

Platform: Distribution platforms such as the App Store and Google Play Store, through which the App is made available for download.

Application Software: Includes all software, code, algorithms, and technology used to operate the App, including its infrastructure and backend services.

User: Any individual accessing and using Mindway EAP's services or App.

User Content: Any content created, uploaded, or shared by the User, including but not limited to journal entries, notes, or feedback within the App.

Services: All services provided by Mindway EAP, including EAP counselling, App-based resources, Application Content, Software, technical support, and any other services related to mental health and wellbeing.

2. Acceptance of Terms

By accessing or using Mindway EAP's services and the App, you acknowledge that you have read, understood, and agree to these Terms. This Agreement constitutes a legally binding contract between you and the Company. You agree not to transfer your rights or obligations under this Agreement to anyone else without the prior written consent of Mindway EAP.

3. Eligibility and Accounts

Age Requirement: You must be at least 18 years old to use the services provided by Mindway EAP. By using the services or App, you represent and warrant that you meet this age requirement.

Account Information: To access certain services, you must create an account with valid information, including but not limited to your name and email address. You agree to provide accurate and complete information when creating your account and to promptly update any changes.

Use of Personal Information: The information you provide during registration will be used to personalize your experience and facilitate service delivery. Your name and email may be shared with your employer during the signup process for verification and access management purposes.

4. Intellectual Property

License to Use: Mindway EAP grants you a limited, non-exclusive, revocable, and non-transferable license to use the App and access its services for personal, non-commercial purposes, subject to these Terms.

Ownership: All intellectual property rights in the EAP services, Application Content, software, and any other materials provided by Mindway EAP are owned by Mindway Group PTY LTD or its licensors.

Restrictions: You may not copy, modify, distribute, license, sell, or otherwise exploit any of the intellectual property associated with the EAP services, Application Content, or software without express written permission from the Company.

5. User Obligations and Conduct

By using the EAP services and App, you agree to comply with the following conduct guidelines:

• Compliance: You agree to comply with these Terms and all applicable laws and regulations while using the services.
• Accuracy of Information: You are responsible for maintaining accurate and up-to-date information in your account.
• Security: You are responsible for safeguarding your login credentials, including passwords, and must notify Mindway EAP immediately if you become aware of any unauthorized access to your account.
• Content Standards: You agree to use the App only for lawful purposes and to refrain from posting or sharing any content that is harmful, offensive, illegal, or violates the rights of others.

6. Confidentiality of EAP Services

Confidentiality Commitment: Mindway EAP takes confidentiality seriously and is committed to safeguarding all counselling sessions and related data. Any personal information, session details, or usage data collected through the EAP services will not be shared with your employer without your explicit consent.

Exceptions: Aggregated and anonymized data such as trends in employee wellbeing, usage statistics, and general insights may be shared with your employer, but no personally identifiable information will be included in these reports.

Data Use for App Access: Personal information, including your name and email, will only be used for user verification, billing, access management, and providing customer support.

7. User Content

Ownership: Users retain full ownership of any User Content that they create, upload, or share within the App.

Grant of License: By submitting User Content to the App, you grant Mindway EAP a worldwide, royalty-free, non-exclusive license to use, display, and distribute such content solely for the purpose of improving or operating the App and the EAP services.

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, offensive, or unlawful.

8. Access, Availability, and Data Security

Service Modification: Mindway EAP reserves the right to modify, suspend, or discontinue any part of the EAP services or App at its discretion, with or without notice.

Service Availability: While Mindway EAP strives to ensure the availability of its services, the Company does not guarantee that the services will be uninterrupted, error-free, or accessible at all times.

Data Security: Mindway EAP employs reasonable technical and organizational measures to protect your personal data from unauthorized access, disclosure, or alteration. However, no system is entirely secure, and we cannot guarantee the absolute security of your data.

9. Limitation of Liability

No Liability for Damages: To the fullest extent permitted by law, Mindway EAP will not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or business opportunity, arising from your use of the services or App.

Use at Your Own Risk: The EAP services and App are provided "as is" and "as available" without any warranty, express or implied, including but not limited to warranties of accuracy, reliability, or fitness for a particular purpose.

10. Dispute Resolution

Governing Law: These Terms are governed by the laws of the Commonwealth of Australia, and any disputes shall be subject to the exclusive jurisdiction of the courts of Australia.

Resolution Process: In the event of a dispute, both parties agree to attempt to resolve the dispute through good-faith negotiations.

11. Contact Information

If you have any questions or concerns about these Terms or the services provided by Mindway EAP, please contact us at:

Email: support@mindwayeap.com.au