My Mental Fitness Terms and Conditions
Please carefully read these terms and conditions (“Terms of Use”) for download, installation, display and use of the My Mental Fitness mobile application (“Application”) before you download, install, display or use the Application.
1. Terms of Use
1.1. By downloading, installing, displaying or using the Application, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your download, installation or use of the Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install, display or use the Application. If you do not agree with these Terms of Use, you must cease downloading, installing, displaying or using the Application immediately.
1.2. The Application is owned and operated by Converge International Pty Ltd (Converge). Converge reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Application to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the Application will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Application.
1.3. These Terms of Use also incorporate the following terms and conditions set out below:
(a) Converge’s Privacy Policy
(b) Converge’s website Terms and Conditions
1.4. In these Terms of Use:
(a) the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person accessing and using the Application; and
(b) the expression ‘we’, ‘us’, ‘our’ and “Converge” means Converge International Pty Ltd.
2. Use of the Application and data
2.1. Use
(a) You may download the Application, to view, use and display the Application on your mobile device for your personal use only. You may use the Application to view information and material provided by us and to access the Application. You may not use the Application for any other purpose.
(b) You acknowledge that you have no rights in, or to, the Application or technology used or support by the Application, other than the right to use the Application in accordance with the terms of this Agreement.
(c) The Application is currently available to mobile devices running the Apple iOS or Android OS. To access the Application you must have a mobile device. The Application is free to download however your provider’s rates and fees will apply for accessing and downloading information within the Application. You acknowledge that these Terms of Use supplement the terms and conditions of Apple, Inc. and/or Google Play or any other Android app store for the download and use of mobile applications.
2.2. Limitations of Use
You must:
(a) use the Application in accordance with these Terms of Use;
(b) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever;
(c) not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application;
(d) not use the Application in any way that could damage, disable, overburden, impair or compromise the Application;
(e) not use the Application for any commercial endeavours unless specifically endorsed or approved in writing by Converge; and
(f) comply with any applicable law and regulation relating to downloading or technology used or supported by the Application.
2.3. Push and email notifications
(a) As part of installation of the Application on your mobile device, the Application will ask if you would like it to send you “Push Notifications”, which may include alerts and sounds, on your mobile device. If you choose to allow Push Notifications then the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications.
(b) You may choose to stop receiving Push Notifications at any time within the Application’s settings menu or by deleting the Application from your mobile device.
(c) You agree to us sending to you communications via email (“Email Notifications”). You may opt out of receiving Email Notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.
2.4. Responsibility for login information
You are solely responsible for protecting the confidentiality of your account login details, including any password. You agree to advise us if you suspect any unauthorised use of your login details.
3. Privacy
3.1. You acknowledge that information about you, including information provided to us on signing up to the Application and information you input into the Application while using it will be held by Converge (Personal Information).
3.2. This Personal Information is collected by us for the purposes of operating the Application and providing you with information and material on mental health. Converge may also:
(a) process your Personal Information in accordance with its Privacy Policy; and
(b) de-identify and aggregate Personal Information collected about you to generate reports and other data which we may use internally or which may share with our customers and partners for their own use, or for any legal purpose.
3.3. You acknowledge that our employees or service providers may have access to Personal Information for the purposes of processing Personal Information or to enable the ongoing functionality of the Application. These service providers or employees may not be based in Australia. If this is the case, their access to Personal Information will be by way of remote means only.
3.4. Converge collects, protects and manages your personal information in accordance with the Privacy Act 1998 (Cth).
3.5. Converge may be required to disclose personal information by applicable law, under compulsion of law by a court or government agency. For information on how to gain access to your personal information, how we use your personal information, provision of contact details or other privacy matters, please see our Privacy Policy.
3.6. If you are a resident of the European Union (or following Brexit, you are a resident of the UK and the UK has laws equivalent to the GDPR in effect) you have certain rights and protections under the GDPR (or the UK equivalent) regarding the processing of your personal data.
4. Termination
4.1. We may cancel or suspend your access to use the Application at any time, with or without notice if you have breached the Terms of Use.
4.2. We reserve the right to cease operating the Application at any time, without notice, and to terminate our agreement with you.
4.3. On termination for any reason, you must immediately delete or remove the Application from any and all mobile devices, and immediately destroy all copies of the Application in your possession or control and certify, if we so request, confirmation that you have destroyed the copies of the Application.
4.4. At any time you may terminate this Agreement by deleting the Application from all mobile devices on which you have installed the Application.
5. Intellectual Property
Converge is the owner of the Application. All intellectual property in the information and material published on the Application is owned by Converge. You obtain no interest in the intellectual property. All content in the Application, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Application or any of its components.
6. Warranties & Liability
6.1. Exclusions of warranties
(a) All content and services on or available through the Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.
(b) To the maximum extent permitted by law, Converge excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
i. any material and/or information in the Application;
ii. any outputs generated by use of the Application; or
iii. the performance and availability of the Application.
6.2. Limitation of Liability
To the maximum extent permitted by law, Converge excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) as a result of:
(a) the use of, reliance on, or action taken as a result of, any information or material in the Application or output from the Application for any decision or otherwise;
(b) any interruption, suspension or termination of the Application in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;
(c) the unavailability, unsuitability and non-connectivity of third party sites; or
(d) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Application and or viruses or other technologically harmful material that may infect your mobile device due to your use of the Application.
The exclusion of liability applied to these Terms of Use as set out in this clause 6 applies to claims whether in contract, tort (including, without limitation, negligence) or at law and even if Converge has been notified of the possibility of such loss or damage.
6.3. Release
To the fullest extent permitted by law, you hereby waive, release, and relinquish any and all claims that you may have against Converge, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Application including but not limited to downloading or relying upon any information and materials in or output from the Application.
6.4. Health & Wellbeing
Without limiting the exclusions and limitations in this clause 6, we make no guarantees that by using the Application you will achieve your desired mental wellbeing or health outcomes. Information provided by the Application is not intended to provide or substitute medical advice from a health professional. We strongly recommend that you seek advice from a qualified health care professional before you make changes to your lifestyle or undertake any action to improve your mental wellbeing. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you as a result of you using or relying upon any information within or output by the Application.
6.5. Non-excludable liability
These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
7. Third party applications or websites
(a) The Application may contain links to websites and mobile applications owned and operated by third parties, who are not under the control of Converge.
(b) Converge does not endorse, recommend or sponsor these linked sites, their owners or operators, or any information, materials, products or services referred to or contained on those linked websites and mobile applications, unless specifically stated.
(c) Converge is not responsible for the content of these linked websites and mobile applications and makes no representation as to the accuracy of any material on these websites or mobile applications.
8. General
8.1. Governing law & jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
8.2. Entire agreement
These Terms of Use, together with other documents referred to in it, constitute the entire agreement between you and us relating to the Application.
8.3. Severability
The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect. If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:
(a) it is to be read down or severed to the extent of the invalidity or unenforceability; and
(b) that fact does not affect the validity or enforceability of the remaining provisions.
8.4. No-waiver
No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.
8.5. Contacts
Any questions, complaints or claims regarding the Application should be directed to: