Terms of Use
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.
If you think you may have a medical emergency, call your doctor immediately or seek emergency
help (see emergency help resources here).
Introduction
This page sets out the terms and conditions that concern your use of the Moodgym program ('Moodgym') and the content
in it. When these terms use 'I', 'we', 'us', 'our', 'e-hub Health' or 'e-hub' it means e-hub Health Pty Limited, PO
Box 331, Goulburn, New South Wales, 2580, Australia. 'Moodgym' means the website provided at
https://moodgym.com.au.
By using Moodgym, you are agreeing to comply with these Terms of Use and the Privacy Policy for the Moodgym website (Privacy Policy available here), both of which are collectively referred
to as 'these Terms of Use'. If you do not agree with all of these Terms of Use, do not use the Moodgym website.
You will be made aware of any changes to these Terms of Use when you log in to your account and will be prompted to
agree to the changes. The changes shall be effective immediately upon posting to the Moodgym website unless
otherwise stated on the website. By continuing to use this website you accept the Terms of Use as they apply from
time to time.
We reserve the right to modify or discontinue all or any part of Moodgym, either temporarily or permanently.
General information and not medical advice
The information provided throughout Moodgym is intended for information and skill development
purposes only. It is not intended to be comprehensive, nor to constitute professional or medical advice
or be used for medical diagnosis or treatment. The information is not intended to suggest or recommend a course of
treatment or replace personal consultation with a qualified health care professional.
You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions
you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your
doctor or other qualified health provider due to something you read on the website. This site is not designed to
treat clinical levels of depression or anxiety or other mental health disorders. The diagnosis and treatment of
clinical anxiety and depression requires a medical practitioner or qualified mental health professional. One reason
this is important is that anxiety and depression are sometimes caused by physical illness or certain medications and
a doctor can check these out. People seeking a diagnosis or treatment of depression, anxiety or other mental
disorders should consult a medical practitioner or mental health professional.
None of the information on this website is a substitute for a diagnosis and treatment by an
appropriate health professional.
e-hub Health and its staff make no claims that Moodgym will be helpful for every or any particular individual.
The screening tests in Moodgym are intended solely for identifying anxiety and depressive symptoms, and are not
designed to provide a diagnosis. The personality, stress and attitude scales used in the Moodgym program are also
intended solely to provide information. Individuals who feel stressed or depressed are advised to talk to a health
professional.
Intellectual property rights
This website contains a range of content such as quizzes, articles, images, logos, and description of services. There
may be intellectual property rights in these things. Unless otherwise indicated, e-hub Health owns the copyright and
other intellectual property rights in the content of this website or has the right to use it in this context.
MOODGYM is a registered trademark which is either owned by, or exclusively licensed to, e-hub Health. You must not
use this trademark without the prior written consent of e-hub Health.
You can browse or print the content for non-commercial or personal uses but if you propose to use it for any other
purpose you will need our prior written permission.
Children's Privacy
The Moodgym website is not intended for use by children under the age of 14 or for children under the age of 18 in
the USA. We do not knowingly collect information from any person under the age of 14 or from any person under the
age of 18 in the USA, and you should not submit such information to us.
Liability
Your use of this website, and your reliance on its content, is entirely at your own risk.
We will try to keep the content on this website up-to-date but there may be delays, errors or omissions that could
affect its currency or accuracy. We may change the content on this website at any time without notice.
As the internet is inherently insecure and information will be transmitted over a medium that may be beyond e-hub’s
control and jurisdiction e-hub assumes no liability for or relating to the delay, failure, interruption, or
corruption of any data or other information transmitted in connection with your use of the website.
The website and its content are provided entirely “AS IS”. TO THE FULLEST EXTENT PERMITTED BY
LAW, E-HUB HEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE.
Without limiting the foregoing, e-hub makes no representations or warranties about the following:
- The accuracy, reliability, completeness, usefulness, adequacy,
suitability, currentness, or timeliness of the Content, software, text, graphics, links, or communications
provided on or through the use of the website;
- The satisfaction of any government regulations requiring disclosure of
information on prescription drug products or the approval or compliance of any software tools with regard to the
Content contained on the website;
- That the Content is free from errors and omissions; and
- That data flowing to and from the website or e-hub Health (regardless
of the means) will not be delayed, interrupted or experience losses of data, or that files available for
downloading from this website will be free of infection by viruses, worms, Trojan horses or other code with
destructive properties.
In no event shall e-hub Health be liable for any damages (including, without limitation, incidental,
special, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from
lost data or business interruption) resulting from the use of or inability to use the website or the content,
whether based on warranty, contract, tort, or any other legal theory, and whether or not e-hub Health is advised of
the possibility of such damages.
If, despite the previous two paragraphs, a court says that we are liable to you, that liability will be limited (at
our election) to either re-supplying the affected service or content to you or refunding what you have paid us for
it which liability shall not to exceed U.S. $1000. e-hub is not liable for any personal injury, including death,
caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the website
or any content must be brought within one (1) year of the date such action occurred. Remedies under these Terms of
Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Indemnity
You agree to defend, indemnify and hold harmless e-hub Health and its affiliates, licensors and suppliers, and their
directors, officers, members, owners, employees, agents and contractors from and against any claims, actions or
demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your violation of these Terms of Use.
Third party links
Our website may contain links to other sites over which we have no control. Those links are provided for your
convenience only, and we are not responsible for their use, effect or content.
We make no representations or warranties as to, and accept no responsibility for, the content or accuracy of
information on those sites, nor do we endorse any information, opinions, goods or services referred to on them. We
are not responsible or liable for any loss or damage arising from or in connection with your use of any other
site.
Payment Processing
If you purchase an individual user subscription, our order process is conducted by our online reseller Paddle.com . Paddle is the Merchant of
Record for individual user subscriptions. Paddle provides all customer service inquiries and handles returns for
these subscriptions.
Access to the Website; Responsibility for Login Access
In addition to the other restrictions in these Terms of Use, you agree not to access (or attempt to access) the
Moodgym website by any means other than through the Login Access protocols provided to you. As used in these Terms
of Use, your Login Access consists the user name and password that you register and an access token if this has been
provided to you. You agree not to share your Login Access with others or otherwise disclose your Login Access to
unauthorised third parties for any purpose whatsoever. If you knowingly share your Login Access with another person
who is not authorised to use the Moodgym website, your access to the Moodgym website may be suspended or terminated,
but we have no obligation to determine if this has occurred or to take further action if it has. You agree to
immediately notify us of any unauthorised use of your Login Access or any other breach of security that you are
aware of.
You may not circumvent or bypass any technological protection measures in or relating to the Moodgym website or
disassemble, decompile or reverse engineer any software or other aspect of the website, except and only to the
extent that the applicable copyright law expressly permits you to do so. You may not use the website for any
unauthorised way that could interfere with anyone else's use of the website or gain access to any service, data,
account or network. You may not enable access to the website by unauthorised third party applications.
You may not:
- resell, sublicense, transfer, assign or distribute any material
relating to; or
- modify or make derivative works based on; or
- 'frame' or 'mirror'
the Moodgym website on any other server or internet enabled device.
If you are accessing the Moodgym website through your employer or another organisation, it may have a separate
registration process, terms of use, privacy policy and other disclosures which we suggest that you review.
Consequences of Breach of Terms of Use
If we reasonably form the view that you do not comply with these Terms of Use we may:
- immediately suspend or terminate all or any part of your access to the
Moodgym website; or
- temporarily or permanently remove your data relating to the Moodgym
website.
Applicable law
These Terms of Use, and your use of our website, are governed by the laws of the Australian Capital Territory,
Australia. You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory,
Australia.
Your Contact Information
If you register to use the Moodgym website, you agree to keep your email address up to date so that we can contact
you if necessary regarding these Terms of Use and our Privacy Policy. If you fail to do so, we may be unable to
contact you.
Privacy
You can read our Privacy and Cookies Policy here.
Complete Agreement
These Terms and Conditions and the Privacy Policy are the entire agreement between you and e-hub Health with respect
to the use of the Moodgym website and privacy of your information and they supersede and take precedence over any
prior agreements, understandings or representations not incorporated into these Terms of Use or the Privacy
Policy.
Privacy Policy
THIS POLICY DESCRIBES HOW E-HUB HEALTH MAY USE AND DISCLOSE THE PERSONAL INFORMATION THAT YOU PROVIDE
IN CONNECTION WITH YOUR USE OF THE MOODGYM WEBSITE. PLEASE REVIEW IT CAREFULLY.
Introduction
e-hub Health recognises the importance of ensuring your personal information is kept secure and we understand that we
have a legal obligation to protect your personal information. This page sets out the policy which e-hub Health Pty
Limited (PO Box 331, Goulburn NSW 2580 Australia) will follow when managing, using and disclosing personal
information collected through the Moodgym program ('Moodgym').
When this policy uses 'I', 'we', 'us', 'our', 'e-hub Health' or 'e-hub' it means e-hub Health Pty Limited. 'Moodgym
program' means this website provided at moodgym.com.au.
If you do not agree to the collection, use and disclosure of your personal information as described in this Privacy
Statement, you will not be able to use the Moodgym website.
In order to ensure privacy was considered when developing this website, a privacy impact assessment was
undertaken.
Who does this policy apply to?
This privacy policy applies to all current, future and past users of, the Moodgym website whose personal information
has been collected by us.
What is collected?
The type of information we may collect and hold through the Moodgym website includes personal information about users
of the Moodgym website. If your subscription to Moodgym requires payment of a fee, we may use Paddle or other
payment providers to facilitate the subscription process.
The personal information we collect and hold relating to the Moodgym website consists of:
- age group, gender;
- email address, password nominated by you, answers to secret questions
nominated by you, and the information you submit when using the Moodgym website (including quizzes, workbooks
and diaries);
- information about your usage of the Moodgym website by using transient
cookies including your browser's internet address; the date and time of your visit to the site; the pages you've
accessed and documents downloaded; the type of browser you are using; the last viewed date; and the time of your
visit; and
- details about your subscription excluding credit card details;
collectively referred to as User Data.
We do not store your credit card details in any form.
How do we collect and hold personal information?
The Moodgym website is hosted on servers located within Australia, and data, including any personal information, is
stored on these servers located in Australia. The servers are provided by an Infrastructure as a Service (IaaS)
provider, and the server operating system and program software are managed by e-hub Health.
We collect personal information from you directly when you provide your information to us by entering data in the
Moodgym website or from you indirectly through emails and forms).
In order to use the Moodgym program you are required to register and log in using an email address. If you wish to
remain anonymous, you are welcome to create a new email address to protect your anonymity. The email address you
supply will be used only to send a welcome email, for retrieval of your login details should you forget your
password, and in extreme circumstances, to notify you if you have been affected by a data breach. When we share
aggregated reports with other parties detailed in the ‘Who do we disclose your personal information to?’ section, we
ensure email addresses are not shared so that de-identified data cannot be re-identified by any party.
In addition to the information that we collect, Paddle (or our other payment providers that we may use from time to
time) may collect personal information from you for the purposes of processing your recurring or one-off payment.
For more detailed information about how your personal information is collected, held, used and disclosed, you should
consult the website and/or privacy policy of the relevant payment provider. You can read Paddle’s privacy policy here.
We also make available a Status Page to communicate the program’s system status and details of any maintenance or
incidents. This page is provided through Site24x7 (a service delivered by Zoho). If you visit the status page, Zoho
may log information such as how you got to the site. You can read Zoho’s privacy policy here.
Protection of user privacy is a high priority for e-hub Health and we take reasonable steps to protect the security
of personal information. Our personnel are required to respect the confidentiality of personal information and the
privacy of individuals. We take reasonable steps to protect personal information held from misuse and loss and from
unauthorised access, modification or disclosure, for example by use of physical security and restricted access to
electronic records. Despite these measures, there is always some risk that an unauthorised third party will find a
way to penetrate e-hub Health’s security or that personal information transmitted over the internet will be
intercepted.
Where we no longer require your personal information we will take reasonable steps to destroy it. We reserve the
right to delete your information if we reasonably believe that your use of the Moodgym website has ended. We
typically will delete your information if you have not logged in to the Moodgym website for 24 months, or if our
arrangement with your employer or the organisation that provided you with access has terminated. We are not
obligated to delete your information from your account unless you direct us to do so (such as through the user tools
in the Moodgym website), but your personal information may continue to be maintained in backup media. We may
continue to store, use and maintain a de-identified version of your personal information as described in this
Privacy Policy.
Why do we collect, hold, use and disclose personal information?
Moodgym allows you to enter and store personal information on a voluntary basis. The Moodgym website is designed to
allow access only to the person who entered the information using the Login Access as described in the Terms of
Use.
In general, we may collect, hold, use and disclose your personal information collected through the Moodgym website
for the following purposes:
- to deliver the Moodgym website to you;
- to generate aggregated reports for user analysis (which include no
identifying User Data);
- to generate research reports for user analysis (only in the situation
where your Login Access has been provided as part of a research trial);
- to communicate with you to provide our services;
- to help us manage and enhance the delivery the Moodgym website;
- to facilitate payment and management of subscriptions; and
- to comply with our legal and professional obligations.
Where your access to Moodgym has been made available to you by your employer or another organisation, your personal
information (but not User Data) may be used to generate aggregated reports to your employer or the organisation that
provided you with access for the purpose of managing and recording the progress and completion of the Moodgym
website. User Data is excluded from reports to your employer or the other organisation that provided you with
access.
Where your access to Moodgym has been made available to you by a research institution that is conducting a research
trial (the RO), your personal information, including User Data, may be used to facilitate the research and generate
research reports for the RO. These reports may contain your registration data, your quiz scores and information
about your progress through the site and may be used by the RO to undertake that research trial.
You grant e-hub Health and all other persons or entities involved in the operation of the Moodgym website the right
to transmit, retrieve, store, use and monitor the information you enter so that they may operate the website and
make the information available as described above.
Who do we disclose your personal information to?
We may disclose your other personal information:
- where we are required to do so by law;
- with your prior written content;
- where your access to the website has been made available to you by your
employer or other entity, to this employer or entity, but only in the form of aggregated reports for user
analysis (which include no identifying User Data);
- where your access to the website has been made available by a research
organisation that is conducting a research trial, to this research institution;
- where you purchase access to the website via an individual
subscription, to Paddle (but only your email address so that Paddle can communicate with you about your
purchase); and
- to staff from Dialogue Health Technologies in Canada who are seconded
to e-hub Health to assist us in providing our services.
In addition, we may release your personal information (1) in response to a court order, search warrant, subpoena or
other legal action, (2) to protect persons or property or to defend or assert legal rights or (3) in connection with
a transaction or proceeding resulting in the transfer of e-hub Health assets or an e-hub Health business operation
that includes or uses such information.
Are we likely to disclose your personal information outside of Australia?
We may disclose your personal information to the following recipients outside of Australia:
- to anyone described above under “Who do we disclose your personal
information to?”
How can you access and correct your personal information?
Subject to the exceptions set out in the Australian Privacy Act, you may seek access to and correction or deletion of
the personal information which we hold about you by contacting us at privacy@ehubhealth.com. We will require you to verify your
identity and to specify what information you require. If a fee is charged for providing access, you will be advised
of the likely cost in advance.
How can you make a privacy related complaint?
If you have any questions about privacy-related issues or wish to complain about a breach of the Australian Privacy
Principles or the handling of your personal information by us, please contact our Privacy Officer at privacy@ehubhealth.com.
We may ask you to lodge your complaint in writing.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can
contact the Office of the Australian Information Commissioner:
GPO Box 5218
Sydney NSW 2001
Tel: 1300 363 992
www.oaic.gov.au
Children's Privacy
The Moodgym website is not intended for use by children under the age of 14 or for children under the age of 18 in
the USA. We do not knowingly collect information from any person under the age of 14 or from any person under the
age of 18 in the USA, and you should not submit such information to us.
Additional information: processing of personal data which is applicable under the GDPR
(Europe)
In accordance with Art. 15 GDPR you can request information about your personal data processed by us. In particular,
you may request information on the purposes of processing, the categories of personal data, the categories of
recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to
rectification, deletion, restriction of processing or opposition, the existence of a right of appeal, the origin of
your data, if not collected by us, about a transfer to third countries or international organisations and the
existence of automated decision-making including profiling and, if applicable, meaningful information on their
details.
In accordance with Art. 16 GDPR you can immediately demand the correction of incorrect personal data or the
completion of your personal data.
Pursuant to Art. 17 GDPR, you may request the deletion of your personal data stored by us, provided that the
processing is not necessary to exercise the right to freedom of expression and information, to fulfil a legal
obligation, for reasons of public interest or to assert, exercise or defend legal claims.
In accordance with Art. 18 GDPR, you can request the restriction of the processing of your personal data if you
dispute the accuracy of the data, if the processing is unlawful, if we no longer need the data and if you refuse
their deletion because you need them to assert, exercise or defend legal claims. You are also entitled to the right
under Art. 18 GDPR if you have filed an objection to the processing pursuant to Art. 21 GDPR.
Pursuant to Art. 20 GDPR, you may request that the personal data you have provided us with be received in a
structured, current and machine-readable format or you may request that it be transmitted to another person
responsible.
In accordance with Art. 7 (3) GDPR you can withdraw your consent at any time. As a consequence, we are no longer
allowed to continue the data processing based on this consent for the future.
You can exercise your rights by contacting us at privacy@ehubhealth.com. We will ask you to verify your
identity and indicate what information you wish to receive.
Cookies Policy
The Moodgym website uses 'transient cookies'. Cookies are pieces of information that a website transfers to your
computer's hard disk when you open the website. Cookies by themselves do not identify you but they do identify your
web browser.
When you access the Moodgym website our server makes a record of your visit and logs the following information: your
browser's internet address; the date and time of your visit to the site; the pages you've accessed and documents
downloaded; the type of browser you are using; the number of bookmarks created; the last viewed date; and the time
of your visit.
The information collected through the Moodgym website is used for statistical purposes and system administration
tasks to maintain this service.
Because the Moodgym website uses 'transient cookies' your computer does not retain the information delivered in the
cookies once you leave the Moodgym website. When you close your browser, the transient cookie set up by the website
is destroyed and no information is retained which could identify you or your browser next time you log onto the
Moodgym website.
We also make available a Status Page and display widget to communicate the program’s system status and details of any
maintenance or incidents. This page is provided through Site24x7 (a service delivered by Zoho). Site24x7 sets
functional cookies to store time-zone preferences. You can read Site24x7’s cookie policy here. If you choose to block any Site24x7 cookie this
will not affect your use of the Moodgym website.
We use Fathom Analytics which is website analytics software that tracks and reports aggregate website traffic
without compromising on your privacy. Fathom only reports on aggregates and does not collect personal data or use
cookies. You can read more about Fathom Analytics here.
Adwords tracking (Australia)
The Moodgym website uses Google Adwords Conversion Tracking which helps us to track how many users from Australia
who click on our Google Ads end up registering on Moodgym. This sets a tracking cookie on your browser only when you
click on a Google Ad. These cookies expire within 30 days and do not contain information that can identify you
personally. You can read more at the Google Advertising Privacy Notice including information about how to opt out.
Changes to this Privacy Policy
This Policy will be reviewed and may be revised from time to time to take account of new laws and technology, changes
to our operations and practices and the changing business environment. You will be made aware of any changes to the
privacy policy when you log in to your account and will be prompted to agree to the changes. The changes shall be
effective immediately upon posting to the Moodgym website unless otherwise stated on the website. By continuing to
use this website you accept the Privacy Policy then currently in effect.
Please be aware that any changes in the privacy practices of your employer or other organisation through which you
received access to the website will not be posted on the Moodgym website.
Last updated: 21 November 2022