Terms of Use

1. Background and Scope

Dr Egg Pty Ltd ACN 616 322 288 trading as MindSkiller® (We, Our, Us, Dr Egg) provides the MindSkiller® online platform for accessing educational services in relation to mental health literacy and other goods and services that relate to mental health and mental wellbeing (Platform).

By accessing, using or subscribing to the Platform, you agree to be bound by these Terms of Use.

We may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting the modified these Terms of Use on the Platform. We also have a Privacy Policy for users of the Platform.

The Platform enables users, which includes individuals who have registered as account holders, individuals who have not registered but still have limited access, authorised persons who have authority to act on behalf another individual, help providers including but not limited to clinicians, allied health workers, peers support workers, coaches and mentors, organisations providing goods and services and organisations seeking to provide mental health literacy based educational services to their members to access the Platform.

You agree to comply with any reasonable request by Us in relation to your use of and access to the Platform.

2. Copyright and Trademarks

Copyright in the material and trademarks on this Site are owned by Dr Egg Pty Ltd ACN 616 322 288. You agree not to infringe any intellectual property rights.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Platform including code and software.

3. Use of Platform for lawful purposes

You must not use this Platform for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Platform.

4. Educational information does not represent or equate with medical advice

You acknowledge and agree that information published by Us is intended to provide general and/or educational information ONLY. We are NOT providing medical advice.

It is your responsibility to obtain your own independent medical advice as appropriate for you and your circumstances.

We do not warrant the accuracy or completeness of information about the usefulness of the Platform in your circumstances.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information on the Platform as well as the internet generally.

In no event will We be liable or responsible to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Platform.

5. Privacy

By using the Platform, you acknowledge and agree that We will collect any personal information (including any health information) that you provide to Us and We will manage and deal with this personal information in accordance with Australian Privacy Principles and Our Privacy Policy may be amended over time.

6. Anonymity and pseudonymity

We acknowledge Australian Privacy Principle 2 (APP 2) providing individuals the option of not identifying themselves, or of using a pseudonym.

However, this does NOT apply if We are required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or if it is impracticable for Us to deal with individuals who have not identified themselves or who have used a pseudonym. “Impracticable” means not practicable; that cannot be put into practice with the available means.

Examples of situations where it is impracticable for Us to deal with individuals who do not wish to identify themselves (i.e situations where you may NOT use a pseudonym), include but are not limited to:

 
  • Help providers who have been subject to Our verification or credentialing processes, have subsequently been approved for verification by Us, and consent to be listed on one of Our online educational support registries as a verified help-provider.
  • Help providers who have consented to be listed on one of Our online educational support registries but are yet to be verified by Us and are licensed persons that are required to identify themselves to any persons with whom they are engaging in a professional interaction in accordance with the rules of their professional regulatory obligations (e.g. medical practitioners or licensed teachers).
 
Examples of situations where you may need to identify yourself include but are not limited to:
 
  • Help seekers who are lawfully using a pseudonym and subsequently wish to utilise a healthcare identifier (e.g. a Medicare number or a private health insurance policy number) in relation to a consultation with a medical practitioner or other help provider.
 
Examples of situations where anonymity and pseudonymity pursuant to APP 2 are permitted include but are not limited to:
 
  • Help seekers who wish to utilise eLearning modules solely and exclusively for educational purposes,
  • Help providers who:
- wish to utilise eLearning modules solely and exclusively for educational purposes AND
- have NOT consented to be listed on one of Our online educational support registries AND
- do not require Us to provide any confirmation of their progress (and therefore their true identity) to a Continuing Professional Development Provider for CPD purposes.
 
Verification of help providers
 
We conduct identity and credentialing checks of help providers who wish to be listed on any of Our online educational support registries. Help providers who have been successfully verified will be identified as such including the date of verification within their listing on the online educational support registries. Those help providers who are yet to be verified or are in the process of being verified by Us will display an “unverified” status against their names.
 
You agree to engage in communications with either verified help providers or help providers designated as unverified with whom you already have an existing professional or personal relationship.
 
Educational support services vs medical services from an APP2 perspective
 
MindSkiller® eLEARNING mental health literacy modules are solely educational support services. Therefore, pursuant to APP 2 there is scope for anonymity and pseudonymity. Undertaking these modules may lead to you engaging medical services which are subject to additional laws creating less scope for anonymity and pseudonymity pursuant to APP2. In certain circumstances therefore, it may be impracticable or unlawful to use a pseudonym and you may need to identify yourself accordingly.
 
 
7. Use of the Platform is at your own risk
 
You acknowledge and agree that accepting, using or participating in any service whatsoever, or engaging in any activity on the Platform is done so at your own risk and you hold Dr Egg, it's owners, employees, representatives, agents and related bodies harmless from any loss, cost, claim, injury, damage, liability, sustained or incurred.
 
 
8. Individuals aged under eighteen (18) years.
 
We acknowledge the Attorney General’s Report (2022) on the Privacy Act and apply additional protections and apply greater care for children by:
 
  • undertaking assessment on the potential impact on privacy before commencing any activity,
  • ensuring that the handling of personal information is within the individuals’ reasonable expectations and is not harmful and
  • ensuring that We do not profile children or otherwise use their data for advertising/ marketing purposes, unless it can clearly be demonstrated how and/or why it is in the best interests of children to do so.

Therefore you:

  • will be required to provide a date of birth upon registration,
  • may be asked to prove your age when undertaking the CONNECT service if a help provider suspects or believes that you are under the age of eighteen and/or have misrepresented your age.
  • will be required to provide a date of birth upon registration,
  • may be asked to prove your age when undertaking the CONNECT service if a help provider suspects or believes that you are under the age of eighteen and/or have misrepresented your age.

For individuals aged sixteen (16) and seventeen (17) years:

  • you should not engage help providers on the CONNECT service who:
- have not been verified by Us or
- have not had their credentials checked (where relevant) by Us or
- do not have a valid Working With Children Check.
 
For individuals under the age of sixteen (16) years.
 
You must obtain consent from your parent or legal guardian prior to registering with or subscribing to MindSkiller®.
 
You and your parent or legal guardian acknowledge that MindSkiller® eLEARNING modules and other MindSkiller® services may not be suitable for individuals under the age of sixteen (16) years.
 
For additional information refer to the Privacy Policy.
 
Important Disclaimer:
 

Whereas:

  • Our physical and online environments are managed with a view to safeguarding and minimising risks to children and
  • Such risks are identified, controls maintained and actively managed, and risks are reviewed regularly,

You or your parent or legal guardian (whichever is applicable) acknowledge and agree:

  • that accepting, using or participating in any service whatsoever, or engaging in any activity on the Platform is done so at your own risk and you hold Dr Egg, its owners, employees, representatives, agents and related bodies harmless from any loss, cost, claim, injury, damage, liability, sustained or incurred.
 
9. Individuals experiencing identifiable vulnerabilities
 
We acknowledge the Attorney General’s Report (2022) on the Privacy Act and apply both additional protections and greater care for individuals experiencing identifiable vulnerabilities by:
 
  • undertaking assessment on the potential impact on privacy before commencing any activity,
  • ensuring that the handling of personal information is within the individuals’ reasonable expectations and is not harmful.
  • ensuring that We do not profile individuals with identifiable vulnerabilities or otherwise use their data for advertising/ marketing purposes, unless it can clearly be demonstrated how and/or why it is in their best interests to do so.
 
For additional information refer to the Privacy Policy.
 
Important Disclaimer:
 

Whereas:

  • Our physical and online environments are managed with a view to safeguarding and minimising risks to individuals experiencing identifiable vulnerabilities and
  • Such risks are identified, controls maintained and actively managed, and risks are reviewed regularly,

You or your parent or legal guardian (whichever is applicable) acknowledge and agree:

  • that accepting, using or participating in any service whatsoever, or engaging in any activity on the Platform is done so at your own risk and you hold Dr Egg, its owners, employees, representatives, agents and related bodies harmless from any loss, cost, claim, injury, damage, liability, sustained or incurred.
 
10. Rules for account registration
 
In order to receive services, you must register an account with MyAccount through the Platform. You are responsible for compliance with the MyAccount requirements and any other requirements necessary to access the Platform.
 
You are responsible for ensuring that your account information with MyAccount is complete and up to date.
 
Services provided through the Platform are only available to individuals who are 16 years or older or individuals who have the correct legal supervision, oversight and/or guardianship.
 
You agree not to assign your Account without Our prior written consent.
 
11. Your responsibility for your login details
 
You agree that you are entirely responsible if you do not maintain the confidentiality of your login details including your email address and password.
 
You agree to immediately notify Us of any unauthorised use of your login details or any other breach of security relevant to your account.
 
 
12. Your responsibility for your activity and conduct
 
You agree that you are solely and entirely responsible for any and all activities that occur under your account.
 
You agree not to breach any laws in any jurisdiction or encourage or assist the commission of any illegal act.
 
You agree not to include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform.
 
You agree not to negatively impact any other user’s ability to access and use the Platform.
 
You agree not to impersonate any other person. This is different from using a pseudonym which is permitted under certain circumstances as outlined in the Privacy Act 1988.
 
You agree not to publish or create links to malicious content or engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person. Dr Egg is the final arbiter of what is malicious content, unlawful conduct, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing.
 
We have zero tolerance policy towards any incitement, encouragement or implicit open attitude towards self-harm to self, harm of others, illicit substance use, dangerous or risk taking behaviours, bullying, abuse, restricted eating and other measures to lose weight, or any unhealthy ideas or behaviours.
 
You agree not to use the Platform in a frivolous or vexatious manner.
 
CONNECT service and PLUS service where applicable.
 
You agree to the etiquette and other behaviours as outlined in the Code of Conduct
 
(see Code of Conduct (Appendix I ) at the bottom of these Terms of Use).
 
 
13. Our right to restrict your access and/or close your account
 
We reserve the right to restrict your access and/or close your account.
 
In the event that We close your account, your direct debit authority will be cancelled and you forfeit any prepayment made prior to that time.
 
 
14. Limitation of liability for services provided or products sold
 
Unless expressly stated, We make no representations or warranties, either express or implied, of any kind with respect to services provided or products sold through the Platform.
 
Unless expressly stated and subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010, Dr Egg expressly disclaims all warranties, express or implied, of any kind with respect to services provided or products sold through the Platform, including but not limited to merchantability and fitness for a particular purpose.
 
You agree that the sole and exclusive maximum liability to Us arising from any service provided or product sold or provided on the Platform shall be the price of the service provided or product sold. In no event shall Dr Egg, its directors, officers, employees, representatives or related bodies be liable for special, indirect, consequential, or punitive damages related to product sold or services provided.
 
 
15. No responsibility for third parties
 
We provide links to internet sites maintained by third parties, both domiciled on the Platform and independent of the Platform. Such sites are not under the control of Dr Egg and Dr Egg is not responsible for the contents (including but not limited to accuracy or legality) of any linked site or any link contained in a linked site.
 
We provide these links to you only as a convenience, and the inclusion of any link should not imply an endorsement by Dr Egg.
 
We will not be liable for any damages or loss arising in any way, out of or in connection with or incidental to, any information or third party service provided by any third party.
 
 
16. Disclaimer for the use of the software on the Platform
 
You expressly agree that your use of the software on the Platform is at your sole risk.
 
In no event will Dr Egg and its related bodies warrant that any software on the Platform will be uninterrupted or error-free.
 
Dr Egg and its related bodies do not make any warranty as to the results that may be obtained from the use of the software on the Platform, or use of the information, content, service, or products provided through the software on the Platform.
 
Dr Egg and its related bodies explicitly disclaim any responsibility for the accuracy, content, or availability of information found in the software on the Platform or sites that link to or from the software on the Platform from third parties.
 
You agree that Dr Egg cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you irrevocably waive any claim against Dr Egg with respect to such sites.
 
Under no circumstances shall Dr Egg or any other party or related body involved in creating, producing, or distributing software on the Platform be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if We have been advised of the possibility of such damages) that result from:
 
  • the use of or inability to use the software on the Platform,
  • the cost of procurement of substitute products and services resulting from any data, information or services purchased or obtained or messages received, or transactions entered into through or from the software on the Platform,
  • unauthorised access to or alteration of your registration information, transmissions or data,
  • statements or conduct by any third party within the software on the Platform,
  • negligent or wilful acts of Dr Egg, its directors, officers, employees and representatives or
  • any other matter relating to the software on the Platform.
 
You agree to indemnify and hold Dr Egg and its related bodies, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of any content you submit, post to or transmit through the software on the Platform, your use of the software on the Platform, your connection to the software on the Platform, your breach of these Terms of Use or your violation of any rights of another.
 
 
17. No guarantees of service or accuracy
 
We provide no guarantee or warrant to you that the Platform or services on the Platform will be uninterrupted or error-free or that defects and errors in the service will be corrected.
 
We cannot guarantee or warrant to you that files or materials available for downloading through Our Platform or delivered via electronic mail through the Platform will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
 
You are responsible for implementing protections, firewalls and security procedures to satisfy your particular requirements including for the reconstruction of any lost data.
 
 
18. Claims about the security of your information
 
We take all due care and diligence to ensure the privacy and integrity of the information you provide Us as per the Privacy Act 1988.
 
The possibility still exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on Our systems. Dr Egg disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
 
 
19. Availability of help providers and other third parties
 
Availability of help providers and other third parties on the Platform are subject to prevailing demand and may change over time. Your preferred help provider may not be available at your desired time.
 
It is possible that the help providers available through the Platform at any given time may not be suitable for your needs.
 
 
20. Costs for service
 
There is a fee structure for subscription to some services of the Platform.
 
We reserve the right to change the fee structure without notice.
 
Provision of services by a third party through the Platform may incur additional costs payable by you. The amount payable for each service you will be made available to you either in advance or upon request. You should consider any and all costs before booking an appointment with or purchasing goods or services from a third party.
 
 
21. Payment methods
 
Payment can be made by credit card, Google Pay, Paypal or direct debit.
 
It is your responsibility to keep your payment details up to date and current.
 
 
22. Cancellation fees
 
You may cancel your subscription by clicking on ‘Cancel plan’ which you can access through the ‘BILLING’ tab in My Account. The authority to deduct payments will be cancelled.
 
Cancellation fees may apply. Such fees apply to reflect the costs incurred by Us of creating and setting up services for you. In the event you cancel a monthly subscription, you forfeit the balance of that month’s prepayment.
 
 
23. General
 
If any part of these Terms of Use are held to be invalid, that part shall be severed and the remainder of the Terms of Use will continue to be valid and enforceable.
 
No part of these Terms of Use are waived unless We provide such waiver in writing.
 
Termination of the Terms of Use will not end those provisions that are capable of surviving the ending of the Terms of Use.
 
The laws of Australia and the state of New South Wales govern these Terms of Use. You agree to the jurisdiction of courts in the state of New South Wales for any disputes that may arise.
 
 
24. Emergencies
 
The Services through the Platform are not suitable for emergency circumstances. If you are in an emergency situation or need urgent and immediate assistance, please contact [000] or your local hospital emergency department
 
 
Appendix I - Code of Conduct
 
Code of Conduct for Help-Seekers and Help-Providers on the MindSkiller CONNECT service
 
Etiquette for help seekers and help providers
 
General etiquette for video-conference educational support:
 
  • Set up a suitably quiet space, free from distractions, especially for a virtual appointment.
  • Lighting is important. Don't sit with your back to a window as bright light may flood your camera obscuring the other person’s view of you.
  • Set up your device so it is stable and at eye level. You will have a better appointment if you are not holding your device. Establish a close up view rather than a distant view. Ensure you are within the frame
  • Have a stable internet connection. Where possible, avoid engaging CONNECT when you are moving, for example in a car or a train.
  • If you are meeting each other for the first time, introduce yourself.
  • Explain when you may break eye contact, for example to make notes.
  • Be mindful of your attire and the cleanliness of your immediate environment.
 

For help providers:

  • Physical presentation: wear appropriate attire, wear a name badge if you would like to identify yourself.
  • Physical environment: limit clutter, select a secure room to ensure the privacy of the person seeking your help, have an alternative power source in case of unforeseen technical issues.
  • Verbally confirm and document instances where consent is required.
  • Ensure the help seeker is aware of any fees for service or other consequences.
  • Where you are utilising an interpreter, be clear on your plans for such an engagement ahead of time.

Verbal communications

  • Be polite, courteous and respectful.
  • Enunciate your words clearly.
  • Repeat back what the other person has said in situations where understanding and comprehension are important.
  • Encourage the other person to clarify or repeat something said to ensure understanding.
  • Allow ample pause, about 5-10 seconds or longer depending on the situation.
  • Use understood Prompts: When signalling that you would like to wind up. say for example, “I’m ready to wind up” or “I'm ready to say finish”. This will give the other person fair warning to complete their sentence.

Non-verbal language

  • Positive non-verbal cues are encouraged (e.g. head nodding, leaning forward) to affirm that you are engaged.
  • Limit amount of hand gesturing, fidgeting, or negative body language (e.g. crossed arms).
  • Maintain eye-contact (ensure camera is well-positioned) as much as possible when speaking and listening to the other person.
  • Identify the goals of the episode of educational support.
  • For example: to engage in a brief episode of person-centred educational support in a safe and engaging manner regarding specific subject matter. Precisely articulate that subject matter and pose questions to be discussed.
 
Eligibility to use the service
 
You may be asked to prove your age when undertaking the CONNECT service if a help provider suspects or believes that you are under the age of 16 and/or have misrepresented your age as being over 17 when you appear to be aged 16-17.
 

Unacceptable behaviours

  • Behaviour that is malicious, unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person will not be tolerated.
  • You may not impersonate any other individual. This is different from using a pseudonym.
  • You may not use the CONNECT service in a frivolous or vexatious manner.
  • Using the CONNECT service while intoxicated or under the influence of narcotics will not be tolerated.
  • Individuals who have not previously met but who meet for the first time using the CONNECT service, must not engage in a personal or sexual relationship either during or subsequent to their meeting on CONNECT. CONNECT is not a dating service. All users must feel safe knowing that personal, romantic and sexual relationships are indefinitely off-limits (if individuals meet for the first time on the CONNECT service).
  • CONNECT is a healthcare enhancement service.
  • We have a no smoking and no vaping policy during a virtual meeting. We have zero tolerance policy towards any incitement, encouragement or implicit approving attitude towards self-harm to self, suicide, harm of others, illicit substance use, dangerous or risk taking behaviours, bullying, abuse, stalking, cyber-bullying, restricted eating or other measures to lose weight, or any harmful ideas or behaviours.
 
Feedback and Complaints
 
You may voice any concerns that may arise from your experience of the CONNECT service at support@mindskiller.com