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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', 'eHub Health' or 'eHub' it means eHub Health Pty Limited, PO Box 331, Goulburn, New South Wales, 2580, Australia.

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.

We may change these Terms of Use whenever we choose without notice to you. The changes shall be effective immediately upon posting to the Moodgym website unless otherwise stated on the website. You agree to review these Terms of Use periodically to make sure that you are aware of any changes. 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.

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, eHub 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, eHub. You must not use this trademark without the prior written consent of eHub.

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 (USA and Canada)

The Moodgym website is not intended for use by children under the age of 18 in the USA or Canada. We do not knowingly collect information from any person under the age of 18 in the USA or Canada, 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 eHub’s control and jurisdiction eHub 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, EHUB 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, eHub 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 eHub (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 eHub 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 eHub 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. eHub 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 eHub 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.com 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 eHub 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 EHUB MAY USE AND DISCLOSE THE PERSONAL INFORMATION THAT YOU PROVIDE IN CONNECTION WITH YOUR USE OF THE MOODGYM WEBSITE. PLEASE REVIEW IT CAREFULLY.

Introduction

eHub 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 eHub Health Pty Limited will follow when managing, using and disclosing personal information collected through the Moodgym program ('Moodgym').

When this policy uses 'I', 'we', 'us', 'our', 'eHub Health' or 'eHub' it means eHub 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.

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 eHub.

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, forms and telephone conversations).

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.

Protection of user privacy is a high priority for eHub 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 eHub’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 eHub 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;
• to your employer or other entity that provided you with access to the website but only in the form of aggregated reports for user analysis (which include no identifying User Data);
• to the organisation that is conducting a research trial and provided you with access to the website; and
• to entities who assist us in providing our services (including hosting and data storage providers and payment providers).

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 eHub assets or an eHub 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 other companies or individuals who assist us in providing services or who perform functions on our behalf (such as third party service providers and specialist consultants); and
• 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 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 (USA and Canada)

The Moodgym website is not intended for use by children under the age of 18 in the USA or Canada. We do not knowingly collect information from any person under the age of 18 in the USA or Canada, 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 eHub website. When you close your browser, the transient cookie set up by the eHub Access website is destroyed and no information is retained which could identify you or your browser next time you log onto the Moodgym website.

The Moodgym website pages may use third-party tools to better understand how people use the site. This makes information similar to that of routine server logs available to Google or other third-party statistics providers. The analytic reports that are produced are aggregated and do not identify individual users.

The Moodgym website uses Google Adwords Conversion Tracking which helps us to track how many people 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. We may revise this Privacy Policy whenever we choose without notice to you. The changes shall be effective immediately upon posting to the Moodgym website unless otherwise stated on the website. You agree to review this Privacy Policy periodically to make sure that you are aware of any changes. 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: 26 May 2020