Terms of Use

Please carefully read these terms and conditions (“Terms of Use”) for use of the Converge Website and/or download, installation, display and use of the Converge mobile application (“Application”) before you access, download, install, display, or use the Converge Website and/or Application. By using the Converge Website and/or Application and accessing the Website and/or Application you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms, you must not use the Converge Website or Application.

These Terms of Use include important disclaimers about our liability, and acknowledgements by you about risks you are responsible for – please refer to section 6.

 

Terms of Use

 

1.1.        By accessing, downloading, installing, displaying, or using the Converge Website and/or 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 access, download, installation or use of the Converge Website and/or Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you access, download, install, display, or use the Converge Website and/or Application. If you do not agree with these Terms of Use, you must cease accessing, downloading, installing, displaying, or using the Converge Website and/or Application immediately.

1.2.       The Converge Website and Application is owned and operated by Converge International Pty Ltd ABN 12 113 688 627 (Converge). Converge reserves the right to amend, modify, add, delete, and make corrections to the Terms of Use or by updating the Website and/or 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 Converge Website and/or Application will constitute your acceptance of the variation of the Terms of Use. If you do not accept the changes to the Terms of Use, your exclusive remedy is to stop using the Converge Website and/or Application. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Converge Website and/or Application.

1.3.       We may update and make changes to the Converge Website and/or Application from time-to-time to reflect changes to our products, our Client’s needs, changes in law and our business priorities. We will make every endeavour to give you reasonable notice of any major changes.

1.4.       You are responsible for ensuring that all persons who access the Converge Website and/or Application through your internet connection or device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

1.5.       These Terms of Use also incorporate Converge’s Privacy Policy

(https://convergeinternational.com.au/privacy-policy/)

 

1.6.       In these Terms of Use:

1. Application means a type of software designed to run on a mobile device, such as a smartphone or tablet computer. Mobile applications provide users with similar services to those accessed on PCs and are small, individual software units with limited function.
2. Client means any person who enters information or data on via the Converge Website or Application and who is an employee or member of a Client, or is otherwise entitled to use our services, for example as an immediate family member of an employee, or other authorised agent of a Client;
3. Converge Website means https://www.convergeinternational.com.au/ including all pages using the ‘convergeinternational.com.au’ domain name;
4. Client means an organisation that has engaged us to provide Employee Assistance Programs (EAP) and other services;
5. General Visitor means any person who accesses the Site or Application but does not enter information or data on a Page;
6. Page means a page on the Converge Website or Application through which a Client can make an EAP booking (a Consultation) by clicking the ‘MAKE AN EAP BOOKING’ (or similar) button;

AND

1. the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person accessing and using the Converge Website and/or Application;
2. the expression ‘we’, ‘us’, ‘our’ and “Converge” means Converge International Pty Ltd and our subsidiary companies.

 

2. Use of the Converge Website and/or Application and data

 

2.1.       Use

1. 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.

 

1. 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.

 

1. You acknowledge that you have no rights in, or to, the Converge Website and/or Application or technology used or support by the Converge Website and/or Application, other than the right to use the Converge Website and/or Application in accordance with the terms of this Agreement.

 

1. You may use the Converge Website and/or Application to book a Consultation. This requires you to enter your personal and contact details, as well as your preferred Consultation time and place and any free text comments about the Consultation. You must not enter false, misleading, or deceptive information or data on the Converge Website and/or Application.

 

1. You may print off one copy, and may download extracts, of any page(s) from the Converge Website and/or Application for your personal use and you may draw the attention of others to content posted on the Converge Website and/or Application.

 

2.2.      Limitations of Use

 

You must:

1. use the Converge Website and/or Application in accordance with these Terms of Use;

 

1. not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Converge Website and/or Application in any way whatsoever;

 

1. comply with any applicable law and regulation relating to use of the Converge Website and/or Application or technology used or supported by the Application, including laws regarding privacy, health records and data security, and export controls, and not use the Converge Website and/or Application in any unlawful manner, for any unlawful purpose;

 

1. not use the Converge Website and/or Application in a way which infringes any intellectual property rights, privacy rights or any other rights of us or any third party;

 

1. not promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury, or which involve false or misleading information;

 

1. not introduce to the Converge Website and/or Application malicious code such as viruses or Trojans that can damage the Converge Website and/or Application or erase or make inaccessible data stored on the Converge Website and/or Application;

 

1. not use the Converge Website and/or Application in any way that could damage, disable, overburden, impair or compromise the Converge Website and/or Application, including hacking into it or bypassing technical security measures of the computer systems used by us or other users of the Converge Website and/or Converge Website and/or Application;

 

1. not use the Converge Website and/or Application for any commercial endeavours unless specifically endorsed or approved in writing by Converge.

 

1. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

1. Our status (and that of any identified contributors) as the authors of content on the Converge Website and/or Application must always be acknowledged. If you print off, copy, or download any part of the Converge Website and/or Application in breach of these Terms of use, your right to use the Converge Website and/or Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

1. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Converge Website and/or Application.

 

1. You may use the Converge Website and/or Application only for lawful purposes and in accordance with these Terms.

 

You agree not to:

• use the Converge Website and/or Application in any manner that could disable, overburden, damage, or impair the Converge Website and/or Application;
• use any robot, spider or other automatic device, process or means to access the Converge Website and/or Application for any purpose, including monitoring or copying any of the material on the Converge Website and/or Application;
• use any manual process to monitor or copy any of the material on the Converge Website and/or Application or for any other unauthorised purpose without our prior written consent;
• use any automatic or manual process to reverse engineer or decompile any part of the Converge Website and/or Application;
• use any device, software or routine that interferes with the proper working of the Converge Website and/or Application;
• introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program, or material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage, disrupt or destroy any parts of the Converge Website and/or Application including data, the server on which the Converge Website and/or Application is stored, or any server, computer or database connected to the Converge Website and/or Application;
• attack the Converge Website and/or Application via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Converge Website and/or Application or use the Converge Website and/or Application in any other unlawful manner or for any unlawful purpose.

 

1. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Converge Website and/or Application will cease immediately.

 

2.3.      Push and email notifications.

1. Upon booking a Consultation via the Converge Website or Application, you will receive automated email and/or mobile notifications confirming the details of the Consultation. You agree to us sending these notifications.

 

1. 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.

 

1. 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.

 

1. 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 or by selecting the “opt out of email” option in the App settings screen.

 

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 by entering the Converge Website and/or on signing up to the Application and information you input into the Converge Website and/or Application while using it will be held by Converge (Personal Information). The Personal Information may include text you enter in the ‘Comments’ text box, such as your reason for booking a Consultation.

3.2.      By using the Converge Website and/or Application to book a Consultation, you consent to disclosing your Personal Information to us.

3.3.      Converge collects, protects, and manages your personal information in accordance with the Privacy Act 1998 (Cth) the terms of our Privacy Policy (and these Terms).

3.4.      Personal Information is collected by us for the purposes of operating the Converge Website and/or Application to confirm your identity for the purpose of booking a Consultation and for providing you with information, including material on mental health, personalised health insights and recommendations. Converge may also:

1. process your Personal Information in accordance with our Privacy Policy(https://convergeinternational.com.au/privacy-policy/); and

 

1. 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.

 

3.5.      You acknowledge that our employees or service providers may have access to your Personal Information for the purposes of processing Personal Information, to facilitate a Consultation or to enable the ongoing functionality of the Converge Website and/or Application.

3.6.      Converge may be required to disclose your 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 (https://convergeinternational.com.au/privacy-policy/).

3.7.      If you are a resident of the European Union or the United Kingdom, 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 Converge Website and/or Application at any time, with or without notice if we determine that you have breached the Terms of Use, or performed any act which is harmful or likely to be harmful to us or other parties.

4.2.      We reserve the right to cease operating the Converge Website and/or 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 and Use of Converge Website and Application

 

5. 1. You acknowledge that Converge (or one of our subsidiary companies) is the owner of the Converge Website and Application and all intellectual property in the information and material published on the Converge Website and Application including domain names, related names, logos, product and service names, designs, slogans, copyrights, trademarks, patent rights, know-how, programming code and content. All content in the Converge Website and/or Application, including all software, design, brand names, text, photographs, information, sound recordings, images and any other material is protected by copyright and trademark laws and treaties around the world and intellectual property laws in Australia. All such rights are reserved.

5.2       You obtain no interest or intellectual property rights in these materials. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Converge Website and Application or any of its components.

 

6. Warranties & Liability

 

6.1.       Exclusions of warranties

1. All content and services on or available through the Converge Website and 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.

 

1. 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:

1. any material and/or information in the Converge Website and/or Application;
2. any outputs generated by use of the Converge Website and/or Application; or

• the performance and availability of the Converge Website and/or Application.

 

1. Without limiting the above, you acknowledge that we do not give any warranties or guarantees that the Converge Website and/or Application will be accessible at all times, and without any errors, interruptions, or failures. We may suspend, withdraw, or restrict the availability of all or any part of the Converge Website and/or Application for business or operational reasons. You accept that failures in the Converge Website and/or Application can occur as a result of failures in the Internet or phone connection or as a result of viruses and/or other software defects.

 

1. Although we make reasonable efforts to update the information on the Converge Website and/or Application, we make no representations, warranties or guarantees, whether express or implied, that the content on Converge Website and/or Application is accurate, complete or up-to-date.

 

1. Where the Converge Website and/or Application contains links to other sites (including banner advertisements and sponsored links) and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third-party websites entirely at your own risk and subject to the terms and conditions of use for those third-party websites.

 

1. We do not guarantee that the Converge Website and/or Application will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access the Converge Website and/or Application. You should use your own antivirus software.

 

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, exemplary damages, or punitive damages, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.as a result of:

 

1. the use of, reliance on, or action taken as a result of, any information or material on the Converge Website and/or in the Application or output from the Converge Website and /or Application for any decision or otherwise;

 

1. any interruption, suspension, or termination of the Converge Website and/or Application in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;

 

1. the unavailability, unsuitability, and non-connectivity of third-party sites; or

 

1. any loss, damage, corruption or degradation of any data or other material as a result of the use of the Converge Website and /or Application and or viruses or other technologically harmful material that may infect your mobile device due to your use of the Converge Website and /or 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.

 

1. damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Converge Website and /or Application, any websites linked to them, any content on the Converge Website and /or Application, or such other websites or any services or items obtained through the Converge Website and /or Application or such other websites. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

 

6.3.      You release us from liability.

1. 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 (‘Converge Persons’), in connection with, or arising out of, or incidental to, your access to or use of the Converge Website and/or Application including but not limited to downloading or relying upon any information and materials in or output from the Converge Website and/or Application.

 

1. You acknowledge that you use the Converge Website and/or Application at your own risk. You are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Converge Website and/or Application.  You accept the risk of loss, theft, or damage to any data you enter into the Converge Website and/or Application.

 

1. You agree that you are using the content on the Converge Website and/or Application for general information purposes only, and you are not relying on the Converge Website and/or Application as any form of professional or medical advice.

 

6.4.      Your Health & Wellbeing

Without limiting the exclusions and limitations in this clause 6:

1. By using the Converge Website and/or Application, you certify that you are healthy and that your physical condition allows you to perform moderate to intense exercise. If you experience any physical symptoms such as abnormal or sudden blood pressure changes, fainting, dizziness, or irregular heartbeat or any other physical symptoms which seem abnormal to you while participating in the Converge Website and/or Application or undertaking any of the proposed experiments, stop exercising immediately and consult your doctor without delay.

 

1. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR LEARNED THROUGH YOUR PARTICIPATION IN THE CONVERGE WEBSITE AND/OR APPLICATION. If you have any medical condition, consult a medical practitioner before using the Converge Website and/or Application, engaging in an exercise program, or changing your lifestyle behaviours or diet.  If you have any medical issues that you have recorded in the Converge Website and/or Application, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.

 

1. We make no guarantees that by using the Converge Website and/or Application you will achieve your desired mental wellbeing or health outcomes. The information we provide is for educational and informational purposes only and should not be considered medical advice, diagnosis, or treatment. Information provided by the Converge Website and/or Application is not intended to provide or substitute medical advice from a health professional, nor is it a diagnostic or medical consultation, nor does it prescribe how you are to treat any medical issues you may have or treat, cure, or prevent any disease. This can be performed only through consulting a medical professional (such as a GP or specialist).

 

1. We are not responsible for any health issues or complications that may result from information, exercise, products, or third-party services you learn about through the Converge Website and/or Application. If you use any program or device or third-party service that you learn about through the Converge Website and/or Application, you agree that you do so at your own risk and are voluntarily participating in these activities. 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 Converge Website and/or 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.

6.6.      You indemnify us.

You indemnify and hold harmless Converge and all Converge Personnel from and against any claims, actions, suits, disputes, demands, allegations, or investigations and all liabilities, damages, losses, costs, and expenses, including reasonable lawyers’ fees, arising out of or in any way connected with

• your access to or use of the Converge Website and/or Application,
• your content uploaded to the Converge Website and/or Application,
• your breach of these Terms or Use, or
• your violation of any law or the rights of a third-party.

 

7. Third party applications or websites

 

1. The Converge Website and/or Application may contain links to websites and mobile applications owned and operated by third parties, who are not under the control of Converge.

 

1. 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.

 

1. 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. You agree that we are not liable for any financial or physical damages that you may incur as a result of, or in connection with, your use of third-party websites, resources, or services.

 

1. Rules about linking to the Converge Website and /or Application. You may link to our Converge Website and /or Application home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Converge Website and /or Application must not be framed or mirrored on any other Site, nor may you create a link to any part of the Converge Website and /or Application other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on the Converge Website and /or Application other than that set out above, please contact info@convergeintl.com.au.

 

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 Converge Website and/or Application.

8.3.      Severability

If any provision in these Terms of Use is held to be invalid or unenforceable, the other provisions of these Terms of Use shall remain in full force and effect.  In such a case, we will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be considered as far as possible.

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

The Converge Website and Application are operated by Converge International Pty Ltd ACN 113 688 627 of Level 16, 180 Lonsdale Street, Melbourne, VIC 3000, email info@convergeintl.com.au

Last Updated 1 November 2024