Terms and conditions

My Mind Check Portal – terms of use for participating staff members

Date of last revision: September 2024

1. Introduction

1.1 Macquarie University (ABN 90 952 801 237) (the University) has been engaged by the Commonwealth of Australia (represented by the Department of Education) (the Commonwealth) to design, develop and deliver a ‘Voluntary Mental Health Check Tool’ for use by schools in each state / territory of Australia (the My Mind Check Tool).
1.2 The My Mind Check Tool is accessible via a dedicated online portal (the My Mind Check Portal).
1.2.1 The My Mind Check Portal, the My Mind Check Tool and any content, documents or other resources which are linked to or available via the My Mind Check Portal (My Mind Check Resources) are collectively referred to in these terms as My Mind Check; and
1.2.2 References in these Terms to My Mind Check Content include a reference to any content, documents or other resources which are linked to or available via the My Mind Check Website, including Linked Websites and Third-Party Content.
1.3 The My Mind Check Tool is made available to schools by the University (we, us or our) as a contracted service provider to the Commonwealth.
1.4 Schools may use My Mind Check to undertake a point in time assessment of their students’ mental health and wellbeing.
1.5 In these Terms, “you” and “your” refers to the Participating Staff Member browsing, accessing or using My Mind Check.
1.6 In these Terms:
1.6.1 Participating School means a school which has entered into a My Mind Check Use Agreement with the University to access and use the My Mind Check Tool;
1.6.2 Participating Staff Member means a staff member who has been nominated by a Participating School to access and use My Mind Check on the Participating School’s behalf, including the Participating School’s School Administrator; and
1.6.3 Participating Student means a student who has (or whose parent or guardian has) provided informed consent to a Participating School to complete a point-in-time assessment of their mental health and wellbeing via the My Mind Check Tool and who has, whether themselves or by a parent or guardian acting on their behalf, consented to the collection and handling of their personal information by us in accordance with the Privacy Collection Notice.

2. Application of these Terms

2.1 These Terms, together with the My Mind Check Privacy Collection Notice apply to and govern your use of My Mind Check.
2.2 Unless expressly stated otherwise, these Terms do not apply in relation to the use of the publicly accessible My Mind Check website or web content, available via: www.mymindcheck.org.au (My Mind Check Website).
2.3 My Mind Check is designed to be used by schools in each state / territory of Australia who have been authorised by the University to use the My Mind Check Tool via a My Mind Check Use Agreement. If you are not associated with a Participating School located within Australia you must not access or use My Mind Check.

3. Acceptance of Terms

3.1 By browsing, accessing or using My Mind Check, you agree to be bound by these Terms. If you do not agree to these Terms, you will not be able to access or use My Mind Check.
3.2 We may amend these Terms at any time and will take reasonable steps to bring any material changes to your attention, such as by posting the amendments on the My Mind Check Portal. As you will be bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to use My Mind Check after any amendment to these Terms, you will be deemed to have accepted the amended Terms. You may choose to stop accessing or using My Mind Check at any time.

4. Access to My Mind Check

4.1 To access or use My Mind Check each Participating School must nominate and create profiles for the staff member(s), and student(s) who are permitted to access or use My Mind Check in connection with the school as outlined below.
4.2 Each Participating School will have its own dedicated area within the My Mind Check Portal. Participating Staff Members and Participating Students can access and use the My Mind Check Tool and My Mind Check Resources via the Participating School’s My Mind Check Portal.
4.3 If you are a Participating School’s authorised delegate to create and manage the Participating School’s school account (School Administrator), you must register for an account (School Account) by providing us with certain true and correct information about yourself (School Administrator Information), as requested via the school registration form shared by us.
4.4 In order for a Participating Staff Member other than the School Administrator to access and use My Mind Check, one of the Participating School’s School Administrators must create a profile for the Participating Staff Member in the Participating School’s My Mind Check Portal (Staff Profile) by providing us with certain true and correct information about the Participating Staff Member (Staff Information), as requested via the “Manage Staff” page of the My Mind Check Portal.
4.5 In order for a Participating Student to access and use the My Mind Check Tool, a Participating Staff Member must create a profile for the Participating Student in the Participating School’s My Mind Check Portal (Student Profile) by providing us with certain true and correct information about the Participating Student (Student Information), as requested via the “Manage Students” page of the My Mind Check Portal.

5. Privacy and security

5.1 If you hold or create a Staff Profile we will need to collect personal information in relation to you or the individual for whom you are creating the Staff Profile.
5.2 If you are a Participating Staff Member and a School Administrator creates your Staff Profile, we will need to collect your personal information from the School Administrator on your behalf.
5.3 Where a Participating Staff Member creates a Student Profile for a Participating Student, we will need to collect personal information about the Participating Student from the relevant Participating Staff Member.
5.4 We will collect, use, disclose and handle personal information in accordance with all applicable privacy laws and the My Mind Check Privacy Collection Notice (which is available at https://mymindcheck.org.au/privacy/) (Privacy Collection Notice).
5.5 You must ensure that all of the information you provide to us in connection with My Mind Check, including any personal information relating to yourself, another Participating Staff Member or Participating Student, is complete, true and correct.
5.6 You must promptly notify the University and/or update the relevant Staff Profile or Student Profile if you become aware that any Staff Information or Student Information (as applicable) is incorrect or changes from time to time. This include immediately updating a student’s profile if the authorised parent(s) or guardian(s) or the student withdraws consent.
5.7 You acknowledge that the internet is an inherently insecure communication medium, and your use of My Mind Check is at your own cost and risk. You must take your own precautions to ensure that the processes which you employ for accessing My Mind Check and any documents or other resources which are linked from the My Mind Check Website or My Mind Check Portal do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. You agree that you are responsible for all data charges you incur through use of My Mind Check.
5.8 You must keep all security-based information (e.g., one time codes, student session codes) secure and private at all times. If security-based information is lost or stolen, you must notify the University in writing immediately and take any reasonable steps we advise you to take to mitigate the adverse impact.
5.9 By accessing and using My Mind Check, you agree:
5.9.1 to comply with all applicable privacy laws, including in relation to any data (including personal information of a Participating Staff Member and personal or health information of a Participating Student) which is generated or collected by or entered into My Mind Check;
5.9.2 to treat as strictly confidential and only use My Mind Check and any data or personal information accessed via My Mind Check solely for the purposes expressly contemplated by these Terms;
5.9.3 not to, without the prior written consent of us or of the Participating Student (as applicable), publish, use or otherwise disclose to any person any data or personal information accessed via My Mind Check, except in accordance with and for the purposes expressly contemplated by these Terms;
5.9.4 to maintain adequate security for My Mind Check while in your possession or control, including protecting the same against any use, disclosure, access, damage or destruction, which is inconsistent with these Terms; and
5.9.5 not to make use of My Mind Check or the My Mind Check Resources to the commercial, financial or competitive disadvantage of the University or the Commonwealth.
5.10 You agree that the University and the Commonwealth have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via     My Mind Check.

6. Participating Staff Member Information and User Feedback

6.1 You may choose to submit user reviews, suggestions or feedback through My Mind Check, or directly via email in response to a request from us (together, User Feedback).
6.2 User Feedback that you submit or share about My Mind Check is submitted directly to the University.
6.3 You agree that the University may:
6.3.1 share Staff Information and User Feedback with the Commonwealth in accordance with the Privacy Collection Notice;
6.3.2 use your Staff Information and User Feedback to operate and improve My Mind Check, including for promotional or marketing purposes as further described in the Privacy Collection Notice;
6.3.3 use your User Feedback (in de-identified form) for non-commercial research and development, education or publications that relate to developing and operating My Mind Check and understanding and measuring youth       mental health and wellbeing; and
6.3.4 share (in de-identified form) your User Feedback with other users of My Mind Check and your Participating School.
6.4 We do not claim ownership rights in the User Feedback you submit in relation to My Mind Check. However, by submitting your User Feedback you are deemed to grant us an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence (including the right to sublicense) to use, copy, modify, distribute, publish, communicate to the public and process that User Feedback in connection with My Mind Check.

7. Cookies

7.1 By using My Mind Check, you acknowledge and agree that we may use cookies or other similar tracking technologies to help us track your My Mind Check usage and remember your preferences.

8. Licensed Content

8.1 Subject to clause 6.4, the entire contents and design subsisting in, relating to or arising out of My Mind Check and available through the My Mind Check Website, the My Mind Check Portal, or the My Mind Check Tool (as applicable), but excluding any Linked Websites and Third-Party Content (the Licensed Content) are the intellectual property of the University, the Commonwealth or their respective licensors, with all rights reserved.
8.2 You must not do anything, or omit to do anything, which may infringe the University or the Commonwealth’s intellectual property rights, or modify or disrupt the Licensed Content in whole or in part, except with our express written permission.
8.3 Other than as expressly permitted by these Terms, you must not reproduce, frame, transmit (including broadcast), duplicate, adapt, link to, licence or assign, or otherwise use any of the Licensed Content in whole or in part, including audio and video excerpts, except as expressly permitted by statute or with our express written permission.
8.4 Other than as expressly permitted by these Terms, no Licensed Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, sublicensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with My Mind Check or the My Mind Check Content.

9. Prohibited activities

9.1 When browsing, accessing or using My Mind Check, or when accessing or using My Mind Check Content or posting or submitting User Feedback, you must not:
9.1.1 infringe the intellectual property rights or other rights of any person;
9.1.2 reproduce any My Mind Check Resources or My Mind Check Content without our express written permission;
9.1.3 seek reimbursement from any other party for access to or use of My Mind Check or My Mind Check Content or on-sell any information obtained from My Mind Check;
9.1.4 engage in any conduct which is likely to mislead or deceive us or any other person, including impersonating any other person;
9.1.5 conduct yourself in an offensive, obscene, threatening, harassing or inappropriate manner;
9.1.6 violate these Terms or any applicable law;
9.1.7 submit, upload or otherwise send or transmit to My Mind Check, or any users of My Mind Check, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to My Mind Check; or
9.1.8 interfere with My Mind Check or networks underlying or connected to My Mind Check.

10. Linked Sites and Third-Party Content

10.1 My Mind Check may include links to the websites of third parties for your convenience (Linked Websites). My Mind Check may also include or enable you to view documents or other resources which are linked from the My Mind Check Resources, My Mind Check Website or My Mind Check Portal (Third-Party Content) that we do not verify, control, maintain or endorse. We are not responsible for the availability, accuracy or content of any such Linked Websites or Third-Party Content.
10.2 The provision of Linked Websites or Third-Party Content by us does not mean that the University or the Commonwealth has any association with, the Linked Website or the relevant third party goods and services.
10.3 Access to or use of Linked Websites or Third-Party Content may be subject to their own terms and conditions and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when accessing or using a Linked Website or Third-Party Content.

11. Availability

11.1 While we take reasonable steps to ensure the availability and security of My Mind Check, you accept that My Mind Check is provided on a ‘as is’ basis. We will use reasonable endeavours to ensure that My Mind Check is available for use during each school term, excluding routine maintenance times or unplanned or emergency outages. We will not be liable if My Mind Check or any part of My Mind Check are unavailable at any time or for any reason. We also do not represent, warrant or undertake that My Mind Check will be error, defect, ‘bug’ or ‘virus’ free.
11.2 My Mind Check is not a data storage service and you agree that we have no obligation to store, maintain or provide you with a copy of any information or content, including User Feedback, that you provide or enter into My Mind Check, except to the extent required by applicable law or as provided in our Privacy Collection Notice.

12. Disclaimer

12.1 My Mind Check is intended to provide general information only (including general education information about mental health and wellbeing).
12.2 My Mind Check is intended to facilitate schools with undertaking a point-in-time assessment of students’ self-reported mental health and wellbeing. It is not intended to provide a definitive assessment of the student’s mental health and wellbeing or an end-to-end mental health service. Neither My Mind Check nor any My Mind Check Content provides (and we are not qualified to provide) professional or medical advice nor is My Mind Check or My Mind Check Content intended to be a substitute for medical advice. If you or a student are in a medical emergency or need urgent medical attention, call 000.
12.3 While every effort is taken to ensure My Mind Check and any My Mind Check Content is accurate at the time it is published, we do not represent or warrant that My Mind Check or any My Mind Check Content is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you, a Participating School, or any other person (including a Participating Student) as a substitute for appropriate advice tailored to specific circumstances (such as from a doctor or other registered health practitioner (within the meaning of that term in the Health Practitioner Regulation National Law)).
12.4 My Mind Check and any My Mind Check Content is made available on the basis that all persons accessing the My Mind Check or the My Mind Check Content take responsibility for assessing the relevance and accuracy of its content, or, if necessary, seeking appropriate professional advice (including, where applicable, from a registered health practitioner) to assist them to understand and assess the information provided.
12.5 Nothing in My Mind Check or the My Mind Check Content is to be taken as the University or the Commonwealth promoting, endorsing or advertising any particular health practitioner, treatment option, therapeutic good or regulated health service.
12.6 If a person uses My Mind Check or any My Mind Check Content in a manner that includes connecting the person to a registered health practitioner, that connection is made solely for the purpose of providing that person with the opportunity to obtain additional general educational information about mental health and wellbeing and does not replace the need for the person to seek their own specific medical advice from a doctor or other registered health practitioner.

13. Limitation of liability and indemnity

13.1 Nothing in these Terms is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded, restricted or modified by agreement (Non-excludable Rights).
13.2 Without limiting any provisions of these Terms, neither the University nor the Commonwealth will be liable to you for any kind of loss or damage incurred as a result of your use of any of My Mind Check or the My Mind Check Content, including any viruses or other malicious software that may affect you while you use My Mind Check or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications made using My Mind Check except to the extent such loss or damage arises directly due to our negligence or wilful misconduct.
13.3 To the maximum extent permitted by law, neither you, the University or the Commonwealth will be liable (whether in contract, tort (including negligence), in equity or under statue) for any special, indirect, consequential, incidental or punitive damages, including damages for loss of opportunity, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
13.4 Except for liability in relation to breach of any Non-excludable Rights, our total maximum liability to you in contract, tort (including negligence), statue or otherwise, is limited in the aggregate for all claims to one thousand Australian dollars (AUD $1,000).

14. Cancellation, suspension and termination

14.1 We may terminate a School Account or your Staff Profile, or your access to My Mind Check, at any time and without notice.
14.2 Where a School Account is cancelled, all Staff Profiles associated with the School Account will be cancelled and any data or personal information we have collected about the Participating School or associated Participating Staff Members’ and Participating Students’ use of My Mind Check will be retained and/or destroyed in accordance with the Privacy Collection Notice and these Terms.
14.3 Should you wish to cancel your Staff Profile, you may do so at any time by notice to us using the contact details set out in these Terms from time to time. Cancelling your Staff Profile will end your ability to access your Staff Profile (as applicable) and any data or personal information we have collected about you or your use of My Mind Check will be retained and/or destroyed in accordance with the Privacy Collection Notice and these Terms.
14.4 Where a Student Profile is cancelled (because the student leaves the school, graduates or consent for the student to participate is withdrawn) this will end the Participating School’s ability to access any data or personal information we have collected about the relevant Participating Student or their use of My Mind Check. In addition, any data or personal information we have collected about the Participating Student or their use of My Mind Check will be retained and/or destroyed in accordance with the Privacy Collection Notice.
14.5 Notwithstanding anything else in these Terms, we may immediately suspend or terminate access to My Mind Check (including by cancelling a School Account, your Staff Profile or a Student Profile) without notice or cause for any of the following reasons:
14.5.1 you breach these Terms and such breach is either (i) incapable of being remedied (ii) or is capable of being remedied but you fail to remedy the breach within a reasonable time after being notified by us to do so;
14.5.2 you are no longer employed or engaged by your Participating School;
14.5.3 your Participating School no longer has a Use Agreement with the University;
14.5.4 we cease to provide My Mind Check or any part thereof;
14.5.5 our business or contractual relationships with each other or with a third party require us to do so; or
14.5.6 we consider that you have done something that is detrimental to either or both of our business interests or reputation.
14.6 You acknowledge that neither the University, the Commonwealth, nor any other person, will have any liability to you for any reason whatsoever arising from suspension or termination of your access to My Mind Check.

15. General

15.1 Entire agreement: These Terms, the Privacy Collection Notice and any additional terms and conditions notified to users, from time to time, constitute the entire agreement relating to its subject matter and supersede and cancel any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
15.2 Trademarks: The trademarks, names, logos and service marks (collectively “Trademarks”) displayed through My Mind Check are both registered and unregistered trademarks of the Commonwealth. Nothing contained in My Mind Check should be construed as granting any license or right to use any Trademark without the prior written permission of the Commonwealth.
15.3 Force majeure: We will not be in breach of these Terms or otherwise liable to you or any other person for any unavailability or failure of My Mind Check or any delay or other failure by us to comply with these Terms that is caused by or arises from any event or circumstances beyond our control.
15.4 Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Terms are cumulative and not exclusive of any rights, powers, privileges or remedies provided under any provision of these Terms or by applicable law or otherwise.
15.5 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms will impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms will prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
15.6 Invalidity: Any clause or provision of these Terms held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a clause or provision as required by this clause, part or all of the provision or clause of these Terms will be severed from these Terms and the remaining clauses or provisions continue in force.
15.7 Inconsistency: If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to My Mind Check, these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
15.8 Assignment: Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
15.9 Relationship of the parties: These Terms do not create or evidence a partnership or joint venture between us and you. These Terms do not: create any relationship of partnership, joint venture, employment, agency or representation between the University and the Commonwealth; or give a party the power or authority to: act for another party as an agent or otherwise; exercise any right on behalf of another party; or incur any obligation on behalf of another party.
15.10 Interpretation: In these Terms, unless expressed to the contrary:
15.10.1 a person includes a firm, partnership, joint venture, association, corporation or other body corporate;
15.10.2 the word ‘includes’ in any form is not a word of limitation;
15.10.3 where a word or phrase is defined, another part of speech or grammatical form of that word of phrase has a corresponding meaning;
15.10.4 references to the singular include the plural and vice versa;
15.10.5 a gender includes all other genders; and
15.10.6 headings and sub-headings are for ease of reference only and do not affect the interpretation of these Terms.
15.11 Governing law: These Terms are governed by the laws of New South Wales, Australia. My Mind Check may be accessed throughout Australia. We made no representation that My Mind Check or My Mind Check Content complies with the laws of any country outside Australia. In the unlikely event that you access My Mind Check from outside Australia, you do so at your own risk and you are responsible for ensuring that your access to My Mind Check is not illegal or prohibited by laws which apply to you.

16. Contact us

If you have any questions about these Terms or concerns about any aspect of My Mind Check or the My Mind Check Content, please contact us at [email protected].