Privacy, Terms & Conditions
When you access this website and/or log in to our website you agree to the following terms and conditions unless you are accessing this page to read the terms and conditions for the first time. We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the web site after changes are posted, you are taken to have accepted such changes.
- PRIVACY NOTICE
Agile Clinical Wellbeing Services for Individual Employees
As part of providing a psychological service to you, your specialist psychologist needs to collect and record personal information from you that is relevant to your situation, such as your name, contact information, medical history and other relevant information as part of providing psychological services to you.
This collection of personal information will be a necessary part of the psychological assessment and treatment that is conducted
Purpose of collecting and holding information
Consequence of not providing personal information
If you do not wish for your personal information to be collected your specialist psychologist may not be in a position to provide the psychological service to you. You may request to be anonymous or to use a pseudonym, however in most cases it will not be possible for you to be anonymous or to use a pseudonym.
Access to client information
At any stage you are entitled to access your personal information kept on file, subject to exceptions in the relevant legislation. The psychologist may discuss with you different possible forms of access.
Disclosure of personal information
All personal information gathered by the psychologist during the provision of the psychological service will remain confidential except when:
it is subpoenaed by a court, or disclosure is otherwise required or authorised by law; or
- failure to disclose the information would in the reasonable belief of the specialist psychologist place you or another person at serious risk to life, health or safety; or
- your prior approval has been obtained to
- provide a written report to another professional or agency. e.g., a GP or a lawyer; or
- discuss the material with another person, e.g., a parent, employer, health provider or third-party funder; or
- disclose the information in another way; or
- disclose to another professional or agency (e.g., your GP) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected.
Your personal information is not disclosed to overseas recipients, unless you consent, or such disclosure is otherwise required by law. Your personal information will not be used, sold, rented, or disclosed for any other purpose.
In the event that unauthorised access, disclosure or loss of a client’s personal information occurs, Adj.Professor Melissa Casey on behalf of Agile Mental Health Pty Ltd will activate its data breach plan and use all reasonable endeavours to minimise any risk of consequential serious harm.
Agile Clinical Online Course(s) and Website Material
If you access this website and log in to the on-line courses, other than to read these Terms for the first time, you agree to these Terms and conditions.
We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the web site after changes are posted, you are taken to have accepted such changes
Agile Mental Health Pty Ltd (ABN 84 936 843 341) collects your personal information (PI) for the purpose(s) of providing you with access to the Course, and for administering and operating the Course.
When you log in to use the Course, you will be required to provide certain PI (such as your Intranet username and password) to access the Course(s). The Course has been developed on the teachable platform. For further information regarding teachable please see https://teachable.com/
If you do not provide all of the PI requested, you may be unable to access the Course(s). The PI you provide to access the Course will not be disclosed to any third parties.
We may disclose de-identified statistical data (which does not personally identify you or your results), obtained from user participation in the Course, within the organisation.
2. MENTAL HEALTH & WELLBEING
The resources provided as part of this website are intended as a guide only and are not a substitute for the advice of your general practitioner or other qualified health or mental health care professional. Reliance on any information provided by Agile Mental Health Pty Ltd on this website is solely at your own risk.
You should always consult your doctor or other qualified health or mental health professional if you have questions or concerns about your health. If you think you have a medical or psychiatric emergency and are living in Australia, please call 000 or go to the nearest hospital. If you are not sure what sort of care you need, please call your doctor or local hospital.
Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and online images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the website are owned or controlled, and are reserved, by us. Agile Mental Health Pty Ltd retains ownership of its original content, its online production and learning methodologies including artwork and audio-visual materials, and associated Agile Mental Health Pty Ltd branding (“Content”) and that third parties will not obtain any intellectual property rights in the Content.
Apart from any use permitted under the Copyright Act 1968, no part of this publication may be reproduced, stored in a retrieval system beyond the agreed licence date, or transmitted, in any form or by any means, electronic, mechanical, photocopying, or otherwise, without written permission from the publisher, Agile Mental Health PTY LTD.
Use of this work for purposes other than those indicated above, requires the prior written permission of Agile Mental Health Pty Ltd
Agile Mental Health and Agile Mental Health logo are registered trademarks of Agile Mental Health Pty Ltd.
1.1 GENERAL DISCLAIMERS
Use of this website is at your risk. None of Agile Mental Health, its affiliates nor any of their respective employees, agents, third party content providers nor licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this web site, its use, its content or any products or services (including our products or services) referred to in this website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1.1.1 Your reliance on the completeness, accuracy, suitability or currency of the website or its content. For example, the animation at the state of the website uses creative license to simply illustrate visually, complex neuroscience concepts.
1.1.2 Failure of, or delay in, the performance, operation or transmission of this website or data on or through this website, a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
1.1.3 Accessing any web sites, applications or servers maintained by other organisations through links on this website. Links are provided for the convenience of our website users only, and we do not accept responsibility for the content or operation of those web sites or applications. Unless otherwise stated, we do not endorse linked web sites or their products and services. You link to any such web site at your own risk.
1.1.4 Defamatory, threatening, offensive or unlawful conduct of third parties.
1.2 NO ADVICE GIVEN
The resources provided on this website are not a substitute for the advice of your personal physician or other qualified healthcare professional.
1.3 WARRANTY DISCLAIMER
Agile Mental Health provides the information on this website. This website and its content and web site-related services are provided “as is”, with all faults, and with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You assume total responsibility and risk for your use of this website, web site-related services, and hyperlinked web sites. No oral or written information or advice given Agile Mental Health, its agents, or its authorised representatives shall create a warranty or in any way increase the scope of this warranty.
Agile Mental Health is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage, including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these terms and conditions by Agile Mental Health or the negligence of Agile Mental Health or its representatives.
1.4 LIMITATION OF OUR LIABILITY (IF ANY) TO YOU
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to: In the case of information or services supplied or offered by us for a fee – the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and
You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us (“Our Loss”) as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this website.
Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this Agile Mental Health.
1.6 RIGHTS WE CANNOT EXCLUDE, LIMIT OR DISCLAIM
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
1.7 INFORMATION ON THIS WEB SITE
The materials on this web site are provided “as is” and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. Agile Mental Health disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Agile Mental Health makes no claim or representation as to the accuracy of the content contained on this website. Agile Mental Health does not accept liability to any person for the information or advice provided on this web site including or incorporated into it by reference. Agile Mental Health does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.
All information on this website is provided by Agile Mental Health on the basis that all persons accessing this web site undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.
1.8 ACCESS, CORRECTION, AND DATA INTEGRITY
Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the website contains typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
1.9 REVISIONS, CHANGES, AND UPDATES
We may revise the information on this website or change or update the website and/or its contents without notice. Agile Mental Health may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.
1.10 PRIVACY AND SENSITIVE INFORMATION
1.10.1 WE RESPECT YOUR PRIVACY
Agile Mental Health Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
“Personal information” is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
1.10.2 WHAT PERSONAL INFORMATION IS COLLECTED
Agile Mental Health Pty Ltd will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your service request.
We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our practice manager.
Additionally, we may also collect any other information you provide while interacting with us.
1.10.3 HOW WE COLLECT YOUR PERSONAL INFORMATION
1.10.4 HOW WE USE YOUR PERSONAL INFORMATION
Agile Mental Health Pty Ltd may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
Agile Mental Health Pty Ltd will use personal information only for the purposes that you consent to. This may include to:
(a) provide you with services during the usual course of our business activities;
(b) administer our business activities;
(c) manage, research and develop our services;
(d) provide you with information about our services;
(e) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(f) investigate any complaints.
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
When you visit our website
When you come to our website (www.agilementalhealth.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Agile Mental Health Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every
website that collects personal identifiable information.
2.2 WE OWN OR CONTROL, AND RESERVE, ALL RIGHTS
Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages, online images (including text, graphics, logos, button icons, video images, audio clips and software), software code and data comprising this web site are owned or controlled, and are reserved, by us. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this website or expressly authorised in writing by us.
3. USER CONDUCT
You must use this website only for lawful purposes and for the purposes explicitly outlined and authorised in this website (including in these Terms).
You are authorised to:
- 1.1 Download and view content; and
- 1.2 Use the online course material for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You must not, without our prior written permission, exploit any of our website or website content for commercial purposes.
Otherwise you are not authorised, without our prior written permission or the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this website which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
3.2 PERSONAL USE
Agile Mental Health authorises you to print, copy, reproduce and download materials on this website, subject to the material being used exclusively for personal use, and the material not being modified in any manner.
Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of this website may be reproduced
3.3 COMMERCIAL USE
Printing, copying, downloading, reproduction or distribution of material from this website for commercial use is expressly prohibited without Agile Mental Health’s prior written consent.
3.4 GENERAL PROHIBITIONS
You must not (a) use this website, or any tools offered through this website, in a manner which; or (b) up-load, post, transmit or otherwise make available through this website any material which:
- 4.1 Violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
- 4.2 Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- 4.3 Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- 4.4 Restricts or inhibits any other user from using or enjoying this website;
- 4.5 Affects the functionality or operation of this website or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
- 4.6 Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
3.5 CO-OPERATION WITH AUTHORITIES
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
3.6 DISCLAIMER ABOUT OTHERS’ MATERIALS
You acknowledge that any third party materials appearing on this website are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
By using this website you agree to these terms and conditions of use.
This agreement is effective from your first use of this website until terminated by you or Agile Mental Health. You may only terminate this agreement by unsubscribing to all services provided by Agile Mental Health on this website and destroying all materials obtained from this website, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.
This agreement will terminate immediately, with notice from Agile Mental Health if, in Agile Mental Health’s sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this website and unsubscribe from all services provided by Agile Mental Health on this website.
4. APPLICABLE LAW
4.1 VICTORIA LAW APPLIES
This website (excluding any linked, third party applications) is controlled by us from Australia.
Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.
4.2 UNENFORCEABLE TERMS
If any provision of the Terms is found by a court to be not valid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
4.3 WEBSITE OR CONTENT MAY BE UNLAWFUL OUTSIDE AUSTRALIA
We do not warrant that the content of this website complies with the laws of any country outside of Australia. If you access this website from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
4.4 YOUR RESPONSIBILITIES UNDER LAWS AFFECTING YOU
You are responsible for ensuring that your use of this website is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority.
4.5 NO OFFERS WHERE ILLEGALITY ARISES
Nothing on this website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.