Wellbeing Connection Limited User Terms
Please read these Wellbeing Connection User Terms ("Terms") carefully. By accessing, downloading and/or using all or any part of the Wellbeing Connection Services (as defined in paragraph 1 below), you ("You" and, where applicable, "Your") indicate Your acceptance of these Terms from Wellbeing Connection Limited ("Wellbeing Connection", "we", "us", "our"). If You do not agree to these Terms, You may not access, download and/or use the Wellbeing Connection Services. These Terms apply to users of the Platforms and Services. Your organisation will have an Enterprise Agreement with Wellbeing Connection which will also govern your organisation's relationship with Wellbeing Connection.
Wellbeing Connection Services:
Wellbeing Connection offers a range of resources, tools, experts and support in relation to wellbeing and includes the right to access and use Wellbeing Connection's website, mobile applications and other online platforms (the "Platforms"), and the right to allow You to download and use the Platforms for specified periods (each, a "Subscription Period"), and standard Wellbeing Connection support (collectively, the "Services"). Wellbeing Connection will provide the Services pursuant to orders that Your employer or organisation (as applicable) submit through the Platforms (once accepted by Wellbeing Connection, each, an "Order"). Each Order will include the applicable Subscription Period and the associated fees for the Services which shall be paid by Your employer or organisation (as applicable). Each Order must be accepted by Wellbeing Connection to become valid.
Your Interactions and Restrictions:
Your interactions with Wellbeing Connection in connection with the Services are subject to these Terms. Wellbeing Connection may use any data, information or materials collected or received from You through these interactions, in accordance with these Terms and the Privacy Notice (refer ‘Privacy' section below for more information). You are responsible for establishing Your own policies (if any) with Your employer as to what work or business information is appropriate to share as part of the Services. You will not (and will not allow anyone else to):
- rent, lease, copy, disclose, provide access to or sublicense the Platforms,
- use the Platforms for the benefit of, or to provide any service to, a third party (unless agreed with Wellbeing Connection), or
- publicly disseminate information regarding the performance of the Platforms.
You will at all times comply with the terms of the Acceptable Use Policy
You agree to:
- provide complete and accurate information when creating an account for the Platforms;
- maintain and update Your account information;
- maintain the security of your account by not sharing your username or password or access to your account;
- not transfer Your account to another user or maintain more than one account with us without our consent;
- promptly notify Wellbeing Connection if You suspect any unauthorised use/access or other security breaches related to the Platforms and/or Services; and
- assume responsibility for all activities that occur under Your account and accept all risks of unauthorised access.
You release us from and renounce any claim in respect of or arising from any reasonable reliance by us upon any use of Your password, including us disclosing information relating to Your registration and/or affairs with us. You agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of Your password.
Suspension and termination:
We may, at our sole discretion, suspend or terminate Your account and limit Your access to the Platforms and/or Services if we reasonably suspect:
- You are in breach of these Terms (including for avoidance of doubt the Acceptable Use Policy); or
- You have undermined the security or integrity of the Platforms and/or Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLBEING CONNECTION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WELLBEING CONNECTION WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, ERRORS OR MISSTATEMENTS, OR OTHER PROBLEMS INHERENT IN THE PLATFORMS OR SERVICES.
Use of information and content provided through the Platforms or Services is at Your own risk. To the maximum extent permitted by law, we are not responsible for any adverse consequences arising out of such use. The Platforms are a general information service only. The content provided through the Platforms and Services has not been prepared by taking into account the particular objectives, situation or needs of any individual users.
The availability of the information through the does not constitute a recommendation or endorsement by us or any other person regarding any particular business entity, goods, services or transaction. To the maximum extent permitted by law, we do not warrant in relation to the suitability of the Platforms, the Services, content providers or coaches. You agree that we are not responsible or liable for any misconduct or non-performance by any content providers or coaches. If you enter into any agreement subsequent to accessing the Platforms or Services, you do so entirely in reliance on your own judgement and enquiries and not in reliance on us.
Exclusion of Liability and Indemnity:
To the maximum extent permitted by law, we exclude all liability in relation to the Platforms and the Services whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
No medical advice:
Nothing provided to You through the Services constitutes therapy or medical advice. There is no doctor-patient relationship or therapist-patient relationship created in connection with the Services. The Services are not a substitute for the advice of a medical professional and any information provided through the Services cannot be relied upon when making medical decisions. If You require medical advice You should consult with a medical professional.
If You are a Wellbeing Connection Care user, Your program may provide access or direction to a mental health provider. Any services provided by any such provider do not constitute Services under these Terms. Unless otherwise instructed, Your relationship with any such provider is wholly separate from Your relationship with Wellbeing Connection.
"Confidential Information" is non-public information of a party which is provided to the other party hereunder and which is either designated as confidential or of a type which should be recognised by a commercially reasonable party as confidential. Confidential Information of Wellbeing Connection includes the Services and its related documentation and materials. The party receiving Confidential Information may use it only for purposes connected with the facilitation of these Terms or Services and may not disclose it to any third party unless such third party is supporting the provision of the Services or otherwise performing obligations hereunder and is bound in writing by confidentiality restrictions substantially similar to those required hereunder. The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential by the owning party. The limitations on disclosure or use of Confidential Information shall not apply to information which:
- these Terms are valid, binding and enforceable against it, and
- it will fulfil its obligations under these Terms in accordance with all applicable laws.
- is rightfully obtained by the recipient without breach of any confidentiality obligation;
- is or becomes known to the public through no act or omission of the recipient;
- the recipient develops independently without using Confidential Information of the other party; or
- is disclosed in response to a valid court or governmental order, if the recipient has given the other party prior written notice (unless prohibited by law or governmental authority) and provides reasonable assistance.
General Provisions, Governing Law, and Venue:
Governing Law and Venue:
These Terms will be governed by and construed in accordance with the laws of New Zealand and You submit to the exclusive jurisdiction of the Courts of New Zealand.
As between the parties, Wellbeing Connection owns all right, title and interest in and to the Platforms and Services and anonymous/aggregate data, feedback, and any and all patents, copyright, designs, contents, trade marks, trade secrets and other intellectual property rights related to the foregoing. No part of the Platforms or Services may be distributed or copied for any commercial purpose and You are not permitted for any purpose to incorporate the contents of the Services or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may print or download extracts from the Platforms only for Your own non-commercial use. Further, You may not copy, use, remove or alter any trademarks or logos that appear on the Platforms or on any content on the Platforms.
Wellbeing Connection may use the services of third-party content providers and coaches and other subcontractors, and permit them to provide aspects of the Services.
Information collected through the Services may include Your personal information, and You agree to the terms of our Privacy Notice. By registering an account on our Platforms, You consent to receiving marketing, promotional and other material by way of electronic messages from us.
Third-Party Tools and Advertising:
You acknowledge and agree that the Services utilise certain third-party videoconferencing, communications tools and other services in connection with the Services, e.g., Skype or FaceTime ("Third-Party Tools"). While Your data provided to Wellbeing Connection through Third-Party Tools remains subject to these Terms, use of Third-Party Tools themselves is subject to the terms and conditions of the Third-Party Tool providers. Wellbeing Connection is not responsible for the operation of or any changes to the Third-Party Tools or the acts or omissions of Third-Party Tool providers.
The contents of the Platforms may include links to third party materials. We will not be responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by You from accessing, using, relying on or trading with third parties. The linked sites are provided to You only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators.
Any dealings with any advertiser appearing on the Platforms are solely between You and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
Links to the Platforms:
We reserve the right to prohibit links to the Platforms and You agree to remove or cease any link upon our request. You may not frame any part of the Platforms' content by including advertising or other revenue generating material.
Users outside New Zealand:
The Platforms are operated, and the Services are provided, by Wellbeing Connection from New Zealand. The information on the Platforms may not be appropriate or available for use in other jurisdictions. If You choose to access the Platforms from a jurisdiction other than New Zealand, You do so on Your own initiative and You are responsible for compliance with any applicable laws of that jurisdiction.
Where You download, install or use the Wellbeing Connection App on an Apple mobile device, You acknowledge and agree that:
- these Terms are an agreement between You and us and not between You, and Apple, Inc. nor any subsidiary of Apple, Inc. ("Apple");
- Apple has no responsibility or liability in respect of any matter relating to the Wellbeing Connection App, including Your use or possession of the App; and
- these Terms supersede any agreement between You and Apple in relation to Your use of the Wellbeing Connection App.
We and You agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against You as a third party beneficiary.
Where You download, install or use the Wellbeing Connection App on a mobile device running an Android operating system, You acknowledge and agree that:
- these Terms are an agreement between You and us and not between You, and Google, Inc. nor any subsidiary of Google, Inc. ("Google");
- Google has no responsibility or liability in respect of any matter relating to the Wellbeing Connection App, including Your use or possession of the Wellbeing Connection App; and
- these Terms supersede any agreement between You and Google in relation to Your use of the Wellbeing Connection App.
We and You agree that Google, and any Google subsidiary, are third party beneficiaries of these Terms and that Google has the right to enforce these Terms against You as a third party beneficiary.
Wellbeing Connection may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect Your rights under it. You may not transfer Your rights or obligations under these Terms to anyone else. These Terms are personal to You and no third party is entitled to benefit under these Terms except as provided for in these Terms.
Unless otherwise specifically indicated, all notices given by You to us must be given to firstname.lastname@example.org. We may give notice to You at the e-mail address You provide to us when You register or in any other way. Notices will be deemed given as of the day they are sent by email, messenger, delivery service, or NZ mail (postage prepaid, certified or registered, return receipt requested), and addressed as set forth below, or to such other address as the party to receive the notice so designates by notice.
Waiver and Severability:
A party's delay or failure to exercise a right or remedy will not result in a waiver of that right or remedy. If a court of competent jurisdiction holds any provision of these Terms to be illegal, invalid or unenforceable under the governing law, the remaining provisions will remain in full force and effect, and will be construed so as to most nearly reflect the parties' intent with respect to such provision.
Changes to Terms:
Wellbeing Connection may revise these Terms from time to time and at its sole discretion. When such changes are effected, Wellbeing Connection will publish an updated version on the Platforms. The changes will become effective and will be deemed accepted by You,
- immediately for those who register for the Services after the updated version is published on the Platforms, or
- for those having pre-existing accounts, the updated Terms will be deemed effective with Your continued use of the Services. You have rights to dispute an updated term which materially alters Your rights or obligations (with exception to changes required by law) within ten (10) business days from the date of the new Terms being published, upon written notification to: email@example.com.
Please note: Your rights and access to the Services may be temporarily disrupted until such dispute is resolved between You and Wellbeing Connection. If we are unable to resolve the dispute within thirty (30) days of Your written notification of dispute, these Terms will be terminated.
If you have any questions or concerns in relation to the Services or these Terms please contact us at firstname.lastname@example.org.
These Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and You.
You will take all necessary action to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by You of these Terms.
If you have any questions about our privacy notice, or any other matter, please feel free to contact us by email at email@example.com.
This privacy notice was last updated on 27/01/2022