Voice of Health Terms and Conditions
Please note, the Voice of Health app is not designed for the provision of psychology services, professional mental health services, clinical diagnoses or medical prescriptions.
If you are suffering from depression, anxiety, self-harm, suicidal thoughts, abuse or addictions please seek help immediately by calling your country’s support agencies, such as Lifeline Australia on 13 11 14 or visit www.lifeline.org.au. If you have a medical emergency, please call 000 or contact your doctor without delay.
Voice of Health’s Active Listeners are not medical or health professionals and any advice given by them is not medical advice. Do not rely on any conversations with Active Listeners to replace the advice and services of a doctor or other qualified professional.
1.1 These terms and conditions (Terms) are entered into between HNFLive Pty Ltd T/A Voice of Health ABN 21 615 807 620 (we, us or our) and you, together the Parties and each a Party.
1.2 We provide a platform where individuals we have trained as active listeners (Active Listeners) and individuals seeking to use the services of Active Listeners (Users) can connect and hold conversations using our Voice of Health mobile application (Platform).
1.3 In these Terms, you means (as applicable) the person or entity registered with us as either a User or Active Listener or the individual accessing or using the Platform.
1.4 Any codes of conduct or policies provided to you on the Platform (Codes of Conduct) forms part of these Terms. By accepting these Terms, you agree to comply with our Codes of Conduct.
2 Acceptance and Platform Licence
2.1 You accept these Terms by checking the box, registering an account on the Platform (Account), or using the Platform or the Active Listening Services.
2.2 You must be at least 18 years old to use the Platform.
2.3 We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
2.4 If you access or download our mobile application from:
(a) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or
(b) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
2.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
3.1 You must register on the Platform and create an account (Account) to access the Platform’s features.
3.2 You must provide basic information when registering for an Account including your phone number, name and email address, date of birth, country, gender and areas of support required. Once your Account is registered, you may choose a display name to use on the Platform (Display Name). The Display Name you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
3.3 You may also link your Account to your existing Google or Apple accounts (Social Media Account).
3.4 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
3.5 You agree to provide and maintain up to date information in your Account and to not share your Account log in details with any other person. Your Account is personal and you must not transfer it to others.
3.6 You are responsible for keeping your Account login details confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.
3.7 If you want to become an Active Listener, you must first complete the Active Listening Training course we provide. We will then review your request to become an Active Listener before approving the request. We may request additional information, including your name, the country in which you are located and your contact details. If you do not provide us with information we reasonably request or if you provide us with any information which indicates you are not a fit and proper person to provide Active Listening Support Services (Active Listening Services), we may, at our sole discretion, refuse to allow you to become an Active Listener.
4 Platform summary
4.1 The Platform is a mobile application where Users and Active Listeners can find each other and participate in the Active Listening Services. You understand and agree that we only make available the mobile application and the platform for Active Listeners to provide Active Listening Services. We have no control over the conduct of Active Listeners, Users or any other users of the Platform.
4.2 An Active Listener wanting to provide Active Listening Services creates an Account on the Platform and posts a description of the areas in which they can provide support (Active Listener Profile).
4.3 A User wanting to receive Active Listening Services creates an Account on the Platform to view and browse Active Listener Profiles.
4.4 A User may request to start talking to an Active Listener by sending an initial message to an Active Listener through the Platform. The Active Listener may choose to respond to or may choose not to engage with a User’s initial message.
5.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
5.2 Users and Active Listeners can communicate privately using our private messaging service in our mobile application.
5.3 We may freeze correspondence between Users and Active Listeners if it becomes apparent to us that a User or Active Listener, or any third party, is in immediate danger and requires professional intervention or emergency services. You agree that we may contact emergency services, at our discretion, should we deem it necessary.
6 Reviews and Reports
6.1 You can submit reviews about the User or Active Listener you have been talking to. These reviews can only be viewed by us and will remain viewable until the relevant Accounts are cancelled.
6.2 You can also submit a report if:
(a) you experience inappropriate (including sexually inappropriate), abusive, threatening or violent language or behaviour from the User or Active Listener you have been talking to;
(b) you are receiving spam or scam content from a User or Active Listener;
(c) you have reason to believe that your identity or photos have been stolen or used without your consent by a User or Active Listener; or
(d) during or after an Active Listening conversation with a User or Active Listener, you believe that the User, Active Listener or a third party is in immediate danger.
These reports can only be viewed by us and will remain viewable until the relevant Accounts are cancelled.
7 Intellectual Property
7.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
7.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
7.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
7.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
7.5 This clause will survive the termination or expiry of these Terms.
8 Content you upload
8.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Platform.
8.2 If you make any User Content available on or through the Platform, we will use the User Content in the way you intended. You may request that any of your User Content is removed from the Platform by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
8.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform.
8.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
8.5 This clause will survive the termination or expiry of these Terms.
9.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
(e) where you are an Active Listener, you are responsible for complying with all laws, rules and regulations which apply to providing the Active Listening Services;
(f) where you are an Active Listener, you have attended the Active Listening course provided by us and have been approved by us to become an Active Listener; and
(g) where you are an Active Listener, you are solely responsible for determining which conversation requests to accept and the manner and method of support you provide to a User during the Active Listening Service. You are not our employee and are not entitled to any employment benefits. We do not direct or control any of the services you offer. We do not set your hours, your schedule or your location.
10 Australian Consumer Law
10.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
10.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
10.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
10.4 As a User, the services provided by an Active Listener may also confer on you certain rights under the ACL.
10.5 This clause will survive the termination or expiry of these Terms.
11 Exclusions to liability
11.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) any aspect of the User and Active Listener interaction including the support offered by the Active Listener, the description of the support requested or offered, any advice provided, the performance of support; and
(b) any event outside of our reasonable control.
11.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.
11.3 This clause will survive the termination or expiry of these Terms.
12 Limitations on liability
12.1 To the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Active Listening Services to you or, in our sole discretion, to us repaying you the amount of AUD$1000.
12.2 This clause will survive the termination or expiry of these Terms.
13.1 Your Account and these Terms may be terminated by you at any time, using the ‘delete Account’ functionality (or similar) in the Account page section of your Account settings.
13.2 We may terminate these Terms at any time by giving 7 days’ written notice to you (Termination for Convenience).
13.3 As an Active Listener, if you repeatedly receive negative reviews, then this will be considered a breach of a material term of these Terms and reserve the right to terminate your Account immediately upon written notice to you.
13.4 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
13.5 Upon expiry or termination of these Terms:
(a) we will remove your access to the Platform;
(b) we will immediately cease providing the Active Listening Services; and
(c) we will cancel any existing conversation requests.
13.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
13.7 This clause will survive the termination or expiry of these Terms.
14 Notice regarding Apple
14.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
14.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
14.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
14.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
14.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
14.6 You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
14.7 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
14.8 You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
15.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
15.2 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a User, or by an Active Listener.
15.3 Downloadable software: Our Services include the provision of downloadable software. This software may automatically update on your device once a new version or feature is available. You may wish to adjust your automatic update settings on your device.
15.4 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
15.5 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
15.6 Governing law: This Agreement is governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
15.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
15.8 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
15.9 Publicity: With your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Active Listening Services to you, including on our website or in our promotional material.
15.10 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
15.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
15.12 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase services from a third party website linked from the Platform, such third party provides the services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you procure the services of a third party organisation through a link or referral featured on our Platform (Affiliate Link). We will make it clear by notice to you which (if any) services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
16.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
16.2 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
16.3 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
16.4 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.