Terms of Service

Effective as of 28/01/2019

 

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 000 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

 

SEEK IMMEDIATE IN PERSON ASSISTANCE. THE APP IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE ACTIVE LISTENERS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

 

THE APP IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

 

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE APP.

 

Introduction

 

Please read these Terms of Service (these "Terms") carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved. These Terms should be read together with, and incorporate our Privacy Policy.

 

Voice of Health (“VOH”) is owned and operated by HNFLive Pty. Ltd. (“HNF”). HNF (“VOH”, “we”, “us”, “our”) provides the VOH mobile application (the “App”) and its website located at www.voiceofhealth.com.au (the “site”) (collectively, such App, Site and all services made available through the App and/or Site, are referred to as (the “Service”), subject to the terms and conditions set forth in our Terms of Service Agreement and this Privacy Policy (this “Privacy Policy”).

 

By accessing any service of HNF, you signify that you have read, understand, and agree to be bound by these Terms regardless of whether or not you are a registered user of VOH. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the effective date of the revised Terms. Your continued use of our services, including the websites, after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, do not use or access, or continue to use or access our services, including those made available on our websites and/or app store. It is your responsibility to regularly check these Terms and to review any changes.

 

You must be 18 years of age or over to use the Services, and children under the age of 18 cannot use or register for the Services. We may terminate your account if we find that you are younger than the minimum age specified above. We may at any time request additional information to confirm your age.

 

You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by HNF or any of its affiliates regarding future functionality or features.

 

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

 

Using Our Services

 

Don’t misuse or abuse our Services. Don’t interfere with our Services or try to access them in a way other than what we provide. You can use our Services only as permitted by law. We may suspend, ban, or stop providing our Services to you if you do not follow our policies or terms of service or if we are investigating suspected misconduct.

 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you may access. You may not use content from our Services unless you have obtained permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos from our Services without written consent from HNF. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

 

Our Services may display some content that does not belong to us. This content is the sole responsibility of the individual who makes it available. We may review content to determine whether it is illegal or violates any of our policies, and we will remove or refuse to display content that we believe violates our policies or the law. We do not necessarily review all content, do not assume that we do.

 

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into this Agreement.

 

Disclaimer of Warranty

 

The Service is provided for informational purposes only. It is not, and is not intended as, a substitute for qualified professional advice, guidance, counselling, rehabilitation or treatment. Always seek the advice of a qualified health care professional for medical or health related issues.

 

IN CASE OF A MEDICAL EMERGENCY, CONTACT 000, YOUR LOCAL MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELY or a crisis emergency line (which can be found here).

 

You acknowledge and agree that the Services constitute, primarily, an Active Listening peer support Service(s) to help you improve your own mental health and well, and that if you choose to utilise the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that HNF is not a health care provider and does not provide you with any medical advice.

 

Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.

 

If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Services then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through these Services. If you think you may have a medical emergency, call your doctor or 000 (or the relevant emergency services telephone number) immediately.

 

Limitation of Liability

 

Information available on the App, including information and advice provided by Active Listeners is not, and must not be construed as, professional advice or a service provided by HNF. You should always consult with a relevant qualified professional familiar with your particular circumstances for advice concerning your specific needs before making any decision.

 

You release HNF and our officers, employees, contractors, agents and representatives (the “released parties”) from any and all liability in connection with your use of the Services and your Content and promise not to sue the released parties for any claims, actions, injury, damage or loss associated with such use.

 

You indemnify HNFLive Pty Ltd and its officers, employees, contractors and agents against any and all damages, losses and costs (including but not limited to our reasonable legal fees) relating to all third party claims, proceedings and investigations arising from your use of the Service and any breach by you of these Terms.

 

You understand, agree and acknowledge that the App is provided "as is" without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the App is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.

 

You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.

 

You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the App will not exceed the total amount of money paid by you through the App in the 3 months period prior to the date of the claim.

 

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

 

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

 

Privacy and Security

 

Protecting and safeguarding any information you provide through the App is of the highest importance to us. The Apps Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services you agree to the use of your User Content and personal information in accordance with these Terms and Privacy Policy.

 

Active Listener Services

 

You acknowledge and agree that Active Listeners are neither employees nor agents nor representatives of HNF, and HNF assumes no responsibility for any act or omission of any such Active Listener.

 

You understand and agree that, although a mental or medical health professional, physician, attorney or other professional may have been accessed through HNF, HNF cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other Active Listener. You also acknowledge and agree that you take full responsibility for the decision to access an Active Listener through the Site and to continue to interact with the Active Listener, and that the role of HNF is limited to providing access to such Active Listeners for your consideration.

 

Your relationship relating to the Active Listening Services is strictly with the Active Listener. We are not involved in any way with the actual substance of that relationship or any part of the Listening Service (whether provided through the Platform or not).

 

HNF makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Platform or the Sites, (b) the willingness or ability of the Active Listener to listen, (c) the willingness or ability of any Active Listener to communicate, (d) whether the user shall find an Active Listener useful or satisfactory, (e) whether the user shall find an Active Listener relevant, useful, accurate or satisfactory, (f) whether the listening of the Active Listener will be helpful, (g) whether questions are answered accurately, or (h) whether the Active Listening conversations advice will otherwise be suitable to the users needs.

 

HNF does not verify the skills, degrees, qualifications, credentials or background of any Acitve Listeners. While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Active Listener. It is your responsibility to conduct independent verification regarding any Active Listener that provides you with Active Listening Services (whether through the Platform or not). WE STRONGLY RECOMMEND THAT YOU CHECK THE CERTIFICATION AND/OR LICENSING OF THE MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL LISTENER WITH THE APPLICABLE STATE LICENSING BOARD OR AUTHORITIES IN THE LISTENER’S STATE OR COUNTRY.

 

HNF DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY ACTIVE LISTENERS AND HNF WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

 

Active Listener Conduct

 

Prior to becoming an Active Listener, all aspiring Active Listeners must successfully complete all components of the Active Listener Training Course (“Training Course”) (Visit page here). HNF reserves the right to approve, disapprove or terminate any Active Listener, regardless of whether they have successfully completed the Training Course or not at any point. Upon being registered as an Active Listener on the App, Active Listeners agree to the Volunteer Agreement and terms set throughout. The Volunteer Agreement would have been emailed to Active Listeners through the email they have supplied. If you have misplaced, deleted or did not receive the Volunteer Agreement, please email us at info@voiceofhealth.com.au to request another copy.

 

IF AN ACTIVE LISTENER DECIDES TO PROVIDE USERS SERVICES THROUGH THE USE OF THE APP, ACTIVE LISTENERS MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS ACTIVE LISTENER WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER.

 

ACTIVE LISTENERS SHALL NOT HOLD THEMSELVES OUT AS MEDICAL OR ANY OTHER HEALTH PROFESSIONAL OR HOLD THEMSELVES OUT AS HAVING ANY LICENSE OR CERTIFICATION TO PROVIDE HEALTH OR MEDICAL TREATMENT OR SERVICES.

 

You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. Active Listeners will be solely and fully liable for all conduct, services, advice, postings and transmissions of an HNF Service that are made under your user name and password.

 

Active Listener agrees that any information or content that Active Listener posts or transmits through HNF will not be considered Active Listeners confidential information, but rather this information, whether personal in nature or not, shall be owned by HNF. Active Listener further agrees and consents to Active Listener chats or transcripts, being captured in any format, controlled, processed and shared by HNF with third parties as designated solely by HNF.

 

Active Listeners will not impersonate any person or entity, or make any false statement regarding Active Listeners employment, agency or affiliation with any person or entity.

 

Active Listeners will not stalk, threaten or harass Users or other Active Listeners or invade or attempt to invade their privacy.

 

Active Listeners will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.

 

Active Listeners will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.

 

Active listeners will not encourage a User to disclose his or her confidential information, such as information that could personally identify the User, or any protected health information (“PHI”) as defined in our HIPAA Notice to the Peer or other Users.

 

Active Listeners will not disclose any information that was provided to an Active Listener by a User and will use his or her best efforts to guard Users' privacy. Active Listeners will not take any actions that violates our HIPAA notice.

 

Active Listener agrees to comply with all applicable laws regarding use of HNF’s Services.

 

Third Party Platforms

 

Use of the Service may involve the use of third-party services and platforms, such as Facebook, Google etc. (“Third Party Platforms”). For example, you may “share” Content through Third Party Platforms. Use of Third-Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.

 

Registration and User Account

 

To gain full access to our Services you must become a registered user (“Registered User”).

 

To become a Registered User you will need to sign up. You may sign up through your Facebook or by creating an account on the Service. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service.

 

You hereby confirm and agree that all the information that you provided in or through the App, and the information that you will provide in or through the App in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information, so it will continue to be accurate, current and complete.

 

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account. HNF advises you to change your password frequently and to take extra care in safeguarding your password.

 

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

 

As a Registered User, when you communicate with an Active Listener, you can choose to post them anonymously (screen name), or to associate them with your name and other data that you selected on your Registered Users' profile.

 

You are solely responsible for all acts or omissions associated with your access and use of the Service or your User account. Registered Users are prohibited from selling or transferring their User account information or making it available to anyone else. You confirm that HNF will not be liable for any damage or loss incurred as a result of someone else using your account, with or without your permission and/or knowledge.

 

We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your User account on the Service. If you fail to provide us the requested information, we reserve the right to suspend or terminate your User account, pursuant to these Terms.

 

If you receive any file from us or from an Active Listener, whether through the App or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

 

Termination of Use

 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website, App and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

Payment Terms

 

Certain aspects of the Services may be provided for a fee, subscription or other charge. If you purchase a subscription from HNF, this subscription will automatically renew at the end of each billing cycle, typically every thirty (30) days, at which point you will automatically be charged on your anniversary date for the next billing cycle. HNF may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.

 

You confirm and agree to only use credit cards or other payment means, with which you are duly and fully authorised to use. You are responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. HNF does not store ANY of the user’s payment details. Users payment details are stored through the third-party provider (“Stripe”) and bound by there policies and agreements. Users must keep accurate and current payment information on file with Stripe and User’s account must be adequately funded to pay for any services rendered. Payment for use of the Services is used to compensate HNF for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

 

By agreeing to these terms, you are giving HNF permission to charge your on-file credit card, Stripe account or any payment method with which you have supplied to us for fees for your subscription.

 

Users may cancel their subscription at any time by indicating such in the settings of their account. Cancellation will take effect at the end of the then-current billing cycle. There will be no refunds or return of prorated membership fees for unused days in a membership cycle.

 

If you have any issues or concerns regarding a bill or payment, please contact us immediately by sending an email to info@voiceofhealth.com.au. We will always take reasonable steps to resolve any issue at a case by case basis. Please bare in mind that resolving your case is solely at our discretion.

 

Disruptions to the App

 

You confirm and agree that HNF may modify, suspend, terminate or discontinue the App, any aspect of the App or the use of the App, whether to all Registered Users or solely you, at any time with or without notice to you. HNF will not be liable for any losses or damages sustained by any of the aforementioned actions.

 

While we take the necessary steps to ensure the Apps reliability and accessibility, the App depends on numerous factors such as, software, hardware, tools and/or third-party platforms (such as, but not limited to Wix, Thinkific, Zoom). These may be owned and operated by us and/or operated by our contractors or suppliers. You understand and agree that no App can be 100% reliable and accessible and so we cannot guarantee access to the App will be uninterrupted or that it will accessible, consistent, timely or error-free at all times.  

 

Feedback

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about HNF and/or our Services are voluntarily provided by you to HNF, are non-confidential, and shall become the sole property of HNF. We shall own exclusive rights, including all intellectual property rights, to, and shall be entitled to the unrestricted use and dissemination of, these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

 

Contact Us

 

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: info@voiceofhealth.com.au.

 

When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.

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