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Disclosure Notice

Date of last revision: [26 April 2024]

Disclosure Notice in accordance with section 47A of the Fair Trading Act 1987 (NSW)

These Terms of Use are important and you should read them fully. However, there are some specific terms we want to make you aware of. These are set out below.

Ability to use My Mind Check (see clause 2.2 of these Terms of Use)

My Mind Check must not be accessed or used by any person who is not associated with a school located in a state or territory of Australia. Examples of people associated with a school include: staff employed by a school, students who attend the school and parents or guardians of students who attend the school.

Content you submit (see clause 6 of these Terms of Use)

If you submit user reviews or feedback (User Feedback) we may use this User Feedback to operate or improve My Mind Check and (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.

Participating Student Information (see clause 7 of these Terms of Use)

If you are a Participating Student, you may choose to submit certain information to the University about your mental health and wellbeing through My Mind Check which is your sensitive personal and health information. The University will use information submitted by Participating Students in accordance with the Privacy Collection Notice for My Mind Check, available via mymindcheck.org.au/privacy/.

Reliance on My Mind Check & Disclaimer (see clause 13 of these Terms of Use)

The University makes My Mind Check available for general information only. My Mind Check will provide schools with a point-in-time assessment of a student’s self-reported mental health and wellbeing and 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 My Mind Check Content is a substitute for appropriate professional advice (including medical, mental health and wellbeing advice). If you are in a medical emergency or need urgent medical attention, call 000.

Neither My Mind Check, nor any of the My Mind Check Content, are to be taken as promoting, endorsing or advertising any particular good or service.

Our limitation of liability (see clause 14 of these Terms of Use)

To the extent permitted by applicable law and subject always to the Non-Excludable Provisions (defined below), we will not be liable to you in any way for any loss you suffer or incur in connection with your use of My Mind Check. Our liability to you will be limited as set out in clause 14 of these Terms of Use.

 

 

1. Introduction

1.1  Macquarie University (ABN 90 952 801 237) (the University, we, us or our) 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’ (My Mind Check) for use by schools in each state / territory of Australia. My Mind Check is owned by the Commonwealth but is made available to schools by the University as a contracted service provider to the Commonwealth.

1.2  My Mind Check will enable schools to undertake a point in time assessment of their students’ mental health and wellbeing.

1.3  In these Terms of Use (Terms), “you” and “your” refers to the person browsing, accessing or using My Mind Check (as defined below).

2. Application of these Terms

2.1  These Terms, together with My Mind Check Privacy Collection Notice, apply to and govern your use of My Mind Check available via: mymindcheck.org.au (My Mind Check Website), your Participating School’s My Mind Check Portal, the My Mind Check Tool and any My Mind Check Content (as defined below) (collectively referred to in these terms as My Mind Check).

2.2  My Mind Check is designed to be used by schools in each state / territory of Australia. If you are not a person who is associated with a school located within Australia (examples of people associated with a school may include a staff member of the school, a student who attends the school or the parent or guardian of a student who attends a school) you must not access or use My Mind Check.

3. Acceptance of Terms

3.1  By browsing, accessing or using any of My Mind Check, you agree to be bound by these Terms.

3.2  These Terms form a legally binding agreement between the University and you. If you do not agree to these Terms, you must immediately exit and not access or use My Mind Check.

3.3  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 Website or 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 any of My Mind Check after any amendment to these Terms, you will be deemed to have accepted the amended Terms. If any change has a detrimental effect on you, you may elect to cease accessing or using My Mind Check.

4. Access to My Mind Check

4.1  The My Mind Check Website is available for use by any person. However, in order to access or use any of the other elements of My Mind Check a school will need to obtain a licence from the University and nominate the staff member(s) and student(s) who are permitted to access and use My Mind Check on the school’s behalf.

4.2  In these terms:

4.2.1  Participating School means a school who has been granted a licence to access and use My Mind Check by the University;

4.2.2  Participating Staff Member means a person who has been nominated by a Participating School to access and use the My Mind Check Portal on the Participating School’s behalf, including the Participating School’s School Administrator; and

4.2.3  Participating Student means a person who has been nominated by 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 the University in accordance with the Privacy Collection Notice.

4.3  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 Content via the Participating School’s My Mind Check Portal.

4.4  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 the University with certain true and correct information about yourself (School Administrator Information), as requested via the school registration form shared by the My Mind Check team.

4.5  In order for a Participating Staff Member other than the School Administrator to access and use My Mind Check, the Participating School’s School Administrator must create a profile for the Participating Staff Member in the Participating School’s My Mind Check Portal (Staff Profile) by providing the University 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.

4.6  If you hold a School Account or a Staff Profile you must promptly notify the University and/or update your profile if any of your personal information is incorrect or changes from time to time.

4.7  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 the University 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.

4.8  If you create a Student Profile, you must promptly notify the University and/or update the profile if any of the Participating Student’s personal information is incorrect or changes from time to time.

5. Privacy and security

5.1  If you hold a School Account we will need to collect your personal information.

5.2  If you are a Participating Staff Member and the School Administrator creates your Staff Profile, we will need to collect your personal information from the School Administrator on your behalf.

5.3  If you are a Participating Student and a Participating Staff Member creates your Student Profile, we will need to collect your personal information from the relevant Participating Staff Member on your behalf. We will also collect certain personal and health information from you when you access and use the My Mind Check Tool as contemplated by clause 7 of these Terms.

5.4  The collection, use, disclosure and handling of personal information is governed by 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, including any personal information, is complete, true and correct.

5.6  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 downloading and accessing My Mind Check 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.

5.7  If you create a School Account, Staff Profile or a Student Profile, you must keep all usernames, passwords and other security-based information secure and private at all times. If your username, password or other security-based information is lost or stolen, you must notify the University in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of the lost or stolen security-based information at the earliest possible opportunity.

5.8  By accessing My Mind Check, you agree:

5.8.1  to treat as strictly confidential and only use My Mind Check Content for the purposes expressly contemplated by these Terms;

5.8.2  not to, without the prior written consent of the University, publish, use or otherwise disclose to any person any My Mind Check Content, except for the purposes expressly contemplated by these Terms;

5.8.3  to maintain adequate security for the My Mind Check Content 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

5.8.4  not to make use of the My Mind Check Content to the commercial, financial or competitive disadvantage of the University.

5.9  You agree that we 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. User Feedback – Participating Staff Members

6.1  If you are a Participating Staff Member, you may choose to submit user reviews, suggestions or feedback through My Mind Check (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  use your User Feedback to operate and improve My Mind Check and (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

6.3.2  share (in de-identified form) your User Feedback with other users of My Mind Check, the Commonwealth and your, and your Participating School.

6.4  The University does not claim ownership rights in your User Feedback, however, by submitting your User Feedback to My Mind Check you are deemed to grant the University (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to use, copy, modify, distribute, publish, communicate to the public and process that User Feedback in connection with My Mind Check.

7. Participating Student Information

7.1  If you are a Participating Student, you may choose to submit certain information about your mental health and wellbeing through the My Mind Check Tool (Participating Student Information).

7.2  Participating Student Information that you submit or share on the My Mind Check Tool is submitted directly to the University and will not be visible to any other user.

7.3  Participating Student Information will contain the sensitive personal and health information of the Participating Student, and will be handled by the University in accordance with the Privacy Collection Notice, including that certain mental health and wellbeing indicators will be disclosed to your Participating School.

7.4  You agree that the University may handle your Participating Student Information in the manner contemplated by the Privacy Collection Notice.

8. Cookies

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

9. Intellectual property

9.1  Subject to clause 6.3, 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) (the My Mind Check Content) are the intellectual property of the University or our licensors, with all rights reserved.

9.2  You must not do anything, or omit to do anything, which may infringe our intellectual property rights, or modify or disrupt the My Mind Check Content in whole or in part, except with our express written permission.

9.3  You must not reproduce, frame, transmit (including broadcast), duplicate, adapt, link to, licence or assign, or otherwise use any of the My Mind Check Content in whole or in part, including audio and video excerpts, except as expressly permitted by statute or with our express written permission.

9.4  No My Mind Check Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed 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.

9.5  You may view the My Mind Check Content using your web browser and save an electronic copy, or print out a copy, of parts of the My Mind Check Content solely for your own information, research or study, but only if you:

9.5.1  do not modify the copy from how it appears unless expressly authorised by us and then only in accordance with these Terms; and

9.5.2  include the copyright notice reasonably specified by us in writing on the copy.

10. Prohibited activities

10.1  When browsing, accessing or using My Mind Check, including when a posting or submitting User Feedback, you must not:

10.1.1  infringe the intellectual property rights or other rights of any person;

10.1.2  reproduce any My Mind Check Content without our express written permission;

10.1.3  seek reimbursement from any other party for access to My Mind Check or on-sell any information obtained from My Mind Check;

10.1.4  engage in any conduct which is likely to mislead or deceive us or any other person, including impersonating any other person;

10.1.5  conduct yourself in an offensive, obscene, threatening, harassing or inappropriate manner;

10.1.6  violate these Terms or any applicable law;

10.1.7  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

10.1.8  interfere with My Mind Check or networks underlying or connected to My Mind Check.

11. Linked Sites and third-party content

11.1  We may provide links to the websites of third parties for your convenience (Linked Websites). My Mind Check may also include third-party content that the University does not verify, control, maintain or endorse. The University does not endorse and is not responsible for the availability, accuracy or content of Linked Websites or third-party content.

11.2  The provision of Linked Websites by the University does not mean that we have any association with, the Linked Website or the relevant third party goods and services.

11.3  Linked Websites 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 using a Linked Website.

12. Availability

12.1  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 so My Mind Check is available within school hours during school term, however you accept there may be periods of outages from time to time. We do not represent, warrant or undertake that My Mind Check will be error, defect, ‘bug’ or ‘virus’ free.

12.2  My Mind Check is not a storage service and you agree that we have no obligation to store, maintain or provide you with a copy of any User Feedback that you provide, except to the extent required by applicable law or as provided in our Privacy Collection Notice.

13. Disclaimer

13.1  My Mind Check is intended to provide general information only (including general education information about mental health and wellbeing). My Mind Check will provide schools with a point-in-time assessment of a student’s self-reported mental health and wellbeing and 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 the University is 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 are in a medical emergency or need urgent medical attention, call 000.

13.2  While every effort is taken to ensure the information is accurate at the time it is published, we do not represent or warrant that the My Mind Check Content is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to specific circumstances (such as from your doctor or other registered health practitioner (within the meaning of that term in the Health Practitioner Regulation National Law)).

13.3 The My Mind Check Content is provided on the basis that all persons accessing the My Mind Check Content undertake 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 My Mind Check Content.

13.4  Neither the My Mind Check Content, nor My Mind Check, are to be taken as the University promoting, endorsing or advertising any particular health practitioner, treatment option, therapeutic good or regulated health service.

13.5  If a person uses My Mind Check 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.

14. Limitation of liability and indemnity

14.1  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).

14.2  Without limiting any provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of any of My Mind Check, 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 the University’s negligence or wilful misconduct.

14.3  To the maximum extent permitted by law, neither of us will be responsible to the other or any third party 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.

14.4  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).

15. Cancellation, suspension and termination

15.1  The University may terminate your access to My Mind Check at any time and without notice.

15.2  Should you wish to cancel your School Account or Staff Profile, you may do so at any time by notice to the University at the contact details below.

15.3  Cancelling your School Account or Staff Profile will end your ability to access your School Account or Staff Profile (as applicable) and any data or personal information the University has collected about you or your use of My Mind Check will be retained and destroyed in accordance with the Privacy Collection Notice.

15.4  Should you or your nominated parent or guardian wish to cancel your Student Profile, you may do so at any time by completing a Withdrawal of Consent form that can be accessed via your Participating School.

15.5  Cancelling your Student Profile will end your ability to access My Mind Check and end your school’s ability to access any data or personal information the University has collected about you or your use of My Mind Check. In addition, any data or personal information the University has collected about you or your use of My Mind Check will be retained and destroyed in accordance with the Privacy Collection Notice.

15.6  Notwithstanding anything else in these Terms, the University may immediately suspend or terminate your access to My Mind Check (including by cancelling a School Account, Staff Profile or Student Profile) without notice or cause for any of the following reasons:

15.6.1  you breach any of 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 the University to do so;

15.6.2  the University ceases to provide My Mind Check or any part thereof;

15.6.3  the University’s business or contractual relationships with third parties require the University to do so; or

15.6.4  the University considers that you have done something that is detrimental to the University’ business interests or reputation or those of any of its third parties.

15.7  You acknowledge that neither the University, nor any other person, will have any liability to you for any reason whatsoever arising from suspension or termination of your access to your Account except to the extent such liability arises directly due to the University’s negligence or wilful misconduct.

16. General

16.1  Entire agreement: These Terms, together with 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.

16.2  Trademarks: The trademarks, names, logos and service marks (collectively “Trademarks”) displayed through My Mind Check are both registered and unregistered trademarks of the University or its licensors. 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 University.

16.3  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.

16.4  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.

16.5  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.

16.6  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.

16.7  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.

16.8  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.

16.9  Relationship of the parties: These Terms do not create or evidence a partnership or joint venture between us.

16.10  Interpretation: In these Terms, unless expressed to the contrary:

16.10.1  a person includes a firm, partnership, joint venture, association, corporation or other body corporate;

16.10.2  the word ‘includes’ in any form is not a word of limitation;

16.10.3  where a word or phrase is defined, another part of speech or grammatical form of that word of phrase has a corresponding meaning;

16.10.4  references to the singular include the plural and vice versa;

16.10.5  a gender includes all other genders; and

16.10.6  headings and sub-headings are for ease of reference only and do not affect the interpretation of these Terms.

16.7  Governing law: These Terms are governed by the laws of New South Wales, Australia. My Mind Check may be accessed throughout Australia. The University makes no representation that the 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.

17. 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].