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Liminal Wellbeing terms of use

The Liminal Wellbeing mobile application and web dashboard application (collectively, LW App) is a wellbeing tracking service developed and offered by Liminal Group Pty Ltd (ABN 51 642 091 423) (LW, we, us or our). Some Australian Organisations encourage their personnel (members, employees and/or students) to use the LW App to monitor the overall wellbeing of their people. This document sets out the terms on which you may access and use the LW app and/or our website, liminalwellbeing.com.au (Website). By accessing or using the LW App or the Website you: (i) agree to and are bound by these Terms of Use; and (ii) consent to the collection, use and disclosure of your personal information to or by LW (as operator of the LW App and the Website) in accordance with the Liminal Privacy Policy.

Breach of any of the Terms of Use may result in your use of the LW App being blocked and/or your access credentials disabled in our or LW’s absolute discretion. These Terms of Use may change from time to time and will be published on the login page for the LW App and your continued use of the LW App is your deemed acceptance of the changes.

If you do not consent to these Terms of Use then do not access or use the LW App, do not access or use the Website and ensure your child does not access or use the LW App or Website.

If you are a Student aged 15 years or under you must show these Terms of Use to a parent/guardian and obtain their permission for you to use the LW App and/or Website prior to your access to the LW App and/or Website.

You

  • you are 15 years of age or older or, if you are under 15 years old, you have obtained permission from your parent/guardian/caregiver to use the LW App and provided such permission to your teacher;
  • you are a student, employee, or member of an Organisation; and
  • we have not previously banned you from using the LW App for breach of these Terms of Use or for any other reason.

Your device

To use the LW App via your smartphone or other device, your device must satisfy certain technical specifications. These specifications can be found on the download page for the LW App on the Apple App Store and Google Play Store platforms.

Content, access and disclaimers

You acknowledge and accept that content on the LW App and Website is general in nature and may include technical, factual, and typographical errors. It is your responsibility as a User to ensure the accuracy and currency of information you access on the LW App or Website before applying it to your situation. To the extent permitted by law, LW disclaims all liability for loss directly or indirectly arising from your use of or reliance on the LW App and Website and content on the LW App and Website.

LW does not guarantee that access to the LW App will be interrupted.

If you have any concerns about the LW App and/or how to use it or require any support, we recommend first contacting your Organisation.

Your wellbeing and medical disclaimer

We provide software. We are not a health service. The LW App is not a medical device. Only a qualified medical practitioner or a health professional can give you advice about your health and wellbeing. While the LW App may help your Organisation to monitor and understand your wellbeing, we do not claim, represent, or warrant that the LW App provides any physical or therapeutic benefit.

Any health information and links accessible on the LW App and/or Website are provided for your convenience and for general information purposes only. They are not intended to be relied on and are not a substitute for professional clinical advice based on your individual condition and circumstances. We are not liable or responsible for any consequences of you having read or been told about such advice or other materials and you accept and assume full responsibility for your decisions and actions.

User Support Request

From time to time, Users (members, employees and/or students) may submit a support request to their Organisation through the Liminal App. Organisations will endeavour to respond to support requests as soon as reasonably practicable, however it is acknowledged that some delays may occur due to additional work requirements, meeting schedules and other matters as they arise. Organisation Admin will be able to view User support requests during hours (8am-5pm) between Monday and Friday (excluding public holidays and formal holidays). If a User submits a support request to the organisation outside of these time, Organisation Admin will be able to view that support request at 8am the following weekday. In the event of an emergency, or if the User requires professional support, the User should contact either emergency services or a professional helpline (details in the support function of the app through the Support option).

Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses arising out of your use of or in connection with your use of the LW App contrary to these Terms of Use. This applies to your parent/guardian if they let you use the LW App.

Use of de-identified data

Please note that we may collate, extract and/or aggregate data in de-identified form that is generated by us and the others of the LW App so as to create de-identified research datasets. Research datasets are not (and do not contain) personal information. We and/or external researchers in Australia or overseas may use the research datasets to better understand organisation wellbeing at an aggregate/statistical level.

Intellectual Property

Intellectual property rights in:

  1. software in the LW App, including any source code;
  2. the Website, including its source code; and
  3. the LW logo,

are our property unless otherwise noted. You agree not to reproduce, transmit, distribute, disseminate, sell, publish, broadcast, or circulate materials comprising the LW App or any LW intellectual property without our express prior written consent.

Intellectual property rights in the content on the Website is our property or licensed to us (i.e. used with permission). You agree not to use or reproduce any content or material where the intellectual property rights of such are owned by us or any other person unless you have an appropriate licence to do so.

Third party Websites

The LW App and Website may contain links to other websites operated, controlled, or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party websites or their content. We do not provide any warranty or take any responsibility for any aspect of those websites or their content.

Acceptable Use

You must not and must not attempt to change, add to, remove, deface, hack or otherwise interfere with the operation of the LW App or Website or any material or content displayed on the LW App or Website unless we authorise you to do so.

You must not:

  • impersonate another person on the LW App;
  • provide inaccurate information about your identity on the LW App;
  • do anything unlawful, misleading, fraudulent or for an illegal or unauthorised purpose;
  • interfere with or impair the operation of the LW App or Website or other individuals’ legitimate use of the LW App or Website;
  • use or attempt to use any automated computer program (e.g. a bot or web scraper) to access the LW App or Website;
  • enter, upload or post any content to the LW App or Website that is bullying, harassing, defamatory, objectionable or explicit in nature;
  • attempt to buy, sell or transfer your account or access credentials to another person;
  • post private or confidential information about yourself or any other person; and/or
  • use the LW App or Website to violate any other person’s rights, including intellectual property rights.

Accounts, Password and Security

Use of the LW App requires that you have appropriate access credentials (i.e. a username and password) and that you have agreed to these Terms of Use. You are entirely responsible for maintaining the confidentiality of your access credentials. You are responsible for any and all activity that occurs through use of your account on the LW App, including where such activity arises as a result of your failing to keep your access credentials secure and confidential.

You must not use any other person’s access credentials to access the LW App.

If you become aware that your account on the LW App has become compromised or that your account on the LW App is being accessed or used by a person other than you, you must immediately notify us using the contact details below.

Support and Contact Details

If you require any support in relation to the LW App or its use, wish to report abuse or unauthorised use of your account or need help in relation to your access credentials (e.g. your username and password), please direct your query to us using the following contact details:

support@liminalwellbeing.com.au

Changes to Terms of Use

We reserve the right to change our Terms of Use at any time and may, from time to time, update these Terms of Use. You can find the date of the most recent review of this policy at the end of the document. When we make material changes to these Terms of Use we will highlight these in a banner on the Website and send a notification to Users by email or by way of a popup when you next login to the LW App.

Your continued use of the LW App, any of our services and/or the Website after these Terms of Use have been revised will be deemed to be your acceptance of and consent to the revised Terms of Use.

These Terms of Use were last revised on 20 November 2021.