Global, 21st century digital solutions for mental health and wellbeing

The InnoWell Platform

Terms of Use

Welcome to the InnoWell platform

05 August 2019

Agreement to Terms of Use of the InnoWell platform and associated website

‘InnoWell’ is InnoWell Pty Limited A.C.N.617 239 166, Shop 1-3 66 -70 Parramatta Rd, Camperdown, NSW, 2050, Australia.

The ‘InnoWell platform’ or ‘platform’ (also currently known as Synergy or the Synergy Online System) means the whole or any part of the InnoWell web site and its associated functionality located at https://www.innowell.org/ and includes all content embodied in it. 

If you are a person registered with a care service provider, in order to use the platform you must first be invited to do so by a care service provider approved by InnoWell and the InnoWell platform is provided to you free of charge by InnoWell.

If you are a family member or support person of a person registered with a care service provider, in order to use the platform you must first be invited to do so by a person registered with a care service provider and the InnoWell platform is provided to you free of charge by InnoWell.

If you are staff/contractor of a care service provider who is licenced to use the platform, in order to use the platform you must first be invited to do so by your service manager or his/her nominee and the InnoWell platform is provided to you as part of your organisations licence.

These Terms and Conditions of Use (‘terms of use’) apply to the InnoWell platform. The InnoWell platform is the property of InnoWell. References in this terms of use to ‘the platform’ means the InnoWell platform.

By using the InnoWell platform, you agree to these terms of use. If you do not agree, do not use it.

InnoWell reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms of use, at any time. It is your responsibility to check these terms of use periodically for changes. Your continued use of the platform after we post changes means that you accept and agree to the changes. As long as you comply with these terms of use, InnoWell grants you a personal, non-exclusive, non-transferable, limited right to enter and use the platform.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (‘content’), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of content, embodied in the platform is owned, controlled or licensed by or to InnoWell, and is protected by intellectual property rights and laws.

Except as expressly provided in these terms of use, no part of the platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without InnoWell’s express prior written consent.

You may use information published in the platform (such as the personal information you and/or InnoWell collects or produces) and any similar information InnoWell makes available for you to access or download from the Site, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media through any means not purposely made available by InnoWell; make no modifications to any such information; and that you do not make any additional representations or warranties relating to such information.

Your use of the platform

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by InnoWell. InnoWell reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the platform, or to any of the services offered on or through it, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the platform or any connected network, nor breach any security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the platform or any other customer of InnoWell, including any platform account not owned by you, to its source, or exploit the platform or any service or information made available or offered by or through the platform in any way where the purpose is to reveal any information, including but not limited to personal information, through any means not purposely made available by InnoWell, other than your own personal information, as provided for by the platform.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the platform.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the platform or any transaction being conducted on, or any other person’s use of, the platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or communication you send to InnoWell on or through the platform or any service offered on or through it. You must not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the platform for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal or unlawful activity.

Accounts, passwords and security

If you are a person registered with a care service provider, in order to use the platform you must first be invited to do so by a care service provider approved by InnoWell and then complete the account creation process nominated by InnoWell. 

If you are a family member or support person of a person registered with a care service provider, in order to use the platform you must first be invited to do so by a person with an InnoWell platform account and then complete the account creation process nominated by InnoWell. 

If you are a staff/contractor of a care service provider who is licenced to use the platform, in order to use the platform you must first be invited to do so by your service manager or his/her nominee and then complete the account creation process nominated by InnoWell. 

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify InnoWell immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by InnoWell or any other user of, or visitor to, the platform attributable to using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s password or account at any time without InnoWell’s express, prior, written permission. InnoWell will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

InnoWell’s privacy policy applies to the use of the platform, and its terms are made a part of these terms of use by this reference. To view the platform privacy policy click here. By using the platform you acknowledge that Internet communications are never completely private or secure. You understand that any message or information you send to the platform or that the platform sends to you may be read or intercepted by others, even if there is a special notice that a particular communication is encrypted.

FitBit Integration

You may, through the platform, elect to integrate your Fitbit account with the InnoWell platform. If you do so, we will receive data and information about you from Fitbit such as your health, sleep and mood data and display such information on your dashboard.

 If you choose to integrate Fitbit into your account, you acknowledge and agree that you are subject to and bound by the Fitbit Terms of Service, as modified by Fitbit from time to time. InnoWell takes no responsibility, and will not be liable for any information received from Fitbit or any loss you incurred as a result of relying on such information. 

Any amounts payable to Fitbit under their terms are your sole responsibility and will be paid directly by you to Fitbit

Links

The platform may contain links to other independent third-party web sites or resources (‘linked sites’). These linked sites are provided solely as a convenience. Linked sites are not under InnoWell’s control, and InnoWell is not responsible for and does not endorse their content, including any information or other content embodied in them. You will need to make your own independent assessment of linked sites.

General disclaimer

While every effort is taken to ensure that the information on the platform is accurate, InnoWell makes no representations and gives no warranties that this information is correct, current and complete. 

InnoWell takes reasonable steps to ensure that the platform remains available. However, InnoWell takes no responsibility for, and will not be liable for, the platform being temporarily unavailable due to technical issues beyond our control, or for maintenance or other technical reasons. We do not warrant that the functions of the platform will be uninterrupted or error-free, that defects will be corrected, or that the platform or the servers that make it available are free of viruses or other harmful components.

In no event will we be liable for any loss or damage including without limitation, any direct, indirect, incidental, consequential, special or exemplary loss or damage, for:

  • any loss or damage whatsoever arising from the use of or inability to use the platform;

  • any transaction conducted through or facilitated by the platform;

  • any claim arising from errors, omissions, or inaccuracies appearing on the platform;

  • unauthorised access to, or alteration of, data or communications; or

  • any loss of data arising out of, or in connection with, the use of the platform.

If you are dissatisfied with the platform, your sole and exclusive remedy is to discontinue using it.

Your visits to the platform

We use cookies (small data files that are stored on your computer) to collect anonymous traffic data and to improve your user experience. You can remove or block cookies using the settings in your web browser, but this may impact your ability to use the platform.

We may also collect and store information about your visit to the platform, including:

  • The name of the domain from which you accessed the Internet;

  • The Internet address of the email invitation from which you accessed the platform;

  • The date and time you accessed the platform;

  • The pages you accessed while using the platform;

  • The type of device from which you accessed the platform; and

  • The location from which you accessed the platform.

All of the information we collect is aggregated and is not used to identify you. This information is used to measure visitor numbers and to assess how the platform was used in order to maintain its effectiveness.

We do not collect this information for any type of advertising.

General provisions

These terms of use and the platform privacy policy constitute the entire agreement between InnoWell and you about the platform and your use of it.

The platform is only made available to people who are lawfully residing in Australia at the time of using the platform. If you are not lawfully residing in Australia, you must not use it. 

If any part of these terms of use is determined by a court to be invalid or unenforceable the remainder of the terms of use continue to have full force and effect.

Your use of the platform and any dispute arising out of such use is subject to, and governed by, and will be interpreted in accordance with the laws of New South Wales, without regard to any conflict of law’s provisions.

Last updated: 5 August 2019