1. Introducing the Leora website and app
(a) Welcome to Leora. Leora is an online tool designed to provide services as part of an employee assistance program (EAP). Leora is available through two platforms, an app (App) and a website (Website). For the purposes of this document, the term “Leora” collectively refers to both the App and the Website.
(b) Leora has been developed to assist you (you or User) to self-evaluate your need for mental health support through access to an EAP online chat functionality with an artificial intelligence (AI) chatbot. Leora also provides mental health and other supports, where applicable.
(c) Leora (including associated materials, tools, information, reservations function, AI chatbot, self-assessments and a service directory) has been prepared, and is managed, by Leora Technologies Pty Ltd(ABN 12 654 735 887) (Leora Technologies, we, us or our).
(d) This document sets out the terms and conditions which governs the use of Leora (Terms). By accessing and/or using Leora, you agree to be bound by these Terms. You must not access or use Leora if you do not agree with these Terms.
(e) If you are not accessing Leora for mental health support but for some other purpose not set out in paragraph 1(b)above (for example, you are an employer who is trialling Leora for use by your employees for EAP services or you are a health care professional seeking to become a third-party service provider through Leora), then you agree to comply with the Terms as if you are a User.
In order to use Leora, you must first register and create an account. You will have the ability to register for an account if you are at least 18 years old.
3. Your access to and use of Leora
(a) When you register to use Leora, you will be asked to enter an email address and password.
(b) You agree that, to the extent permitted by law:
- you are solely responsible for keeping your login and password details (and/or the device on which you have accessed Leora) confidential;
- you will not share your access details with any other person;
- you will not sell, transfer or assign any rights you have in relation to Leora;
- you will not modify or reverse engineer Leora in any way;
- you will notify us if you are aware of any misuse of Leora by any other person;
- we cannot guarantee uninterrupted, virus, error or risk-free access to Leora;
- you will be solely responsible for the internet connectivity required for Leora; and
- you are solely responsible for any content that you post on the App or Website including in the AI chatbot functionality and the consequences of doing so.
(c) If you are accessing or using Leora on behalf of another person (Represented Person), you must ensure that you have consent from theRepresented Person and that you are acting in the best interests of theRepresented Person.
(d) We do not guarantee the performance of Leora. We will try to ensure that Leora is accessible 24 hours a day, 365 days of the year but, from time to time, Leora may be inaccessible, unavailable or inoperable for any reason, including:
- equipment malfunction;
- periodic maintenance procedures, upgrades or repairs (whether scheduled or unscheduled) which Leora may undertake at its discretion; and
- causes beyond the control of Leora, including interruption or failure of telecommunications or digital transmission links, hostile network attacks, the unavailability, operation or inaccessibility of theWebsite or interfaces, network congestion or other failures.
(e) We may have to make changes to Leora or these Terms at any time. If it is a material change that is unfavourable to you, we will endeavour to notify you 30 days’ prior to implementing those changes via electronic means. However, we may give less notice in special circumstances (for example, if we are required to make a change for regulatory or legal reasons). If you continue to use Leora after we make those changes, we will take that to mean that you have accepted the changes. We may however also require you to confirm acceptance of those changes to continue using Leora. If you do not want to accept any proposed change, then you should notify us immediately, stop using Leora and, where applicable, uninstall the App.
4. Information only, not personal advice
(a) While we have made every effort to ensure that the information provided on the App and Website is complete and correct, you are advised to check any information before making any decisions about your health and wellbeing, having regard to your personal circumstances and needs.
(b) To the extent permitted by law, we do not guarantee the availability, timeliness, reliability, accuracy or completeness of the information available throughLeora or that the information will be relevant to your circumstances. If you are unsure, please seek advice from an appropriately qualified healthcare professional before making decisions about your circumstances. You should not rely on any information disseminated by Leora to delay obtaining professional advice or disregard any professional advice you do receive. The information may contain views or recommendations of third parties and does not necessarily reflect the views of Leora Technologies.
(c) You agree that:
- Leora is powered by an AI chatbot that is intended to complement, but not replace, human led therapy and other therapeutic practises that assist in resilience building and improved mental health;
- Leora is not intended for crisis situations, including when an individual may be experiencing suicidal ideations or be in danger of harming themselves or others;
- information on the App or Website is for your personal use;
- the information provided on the App or Website remains our property or that of our third-party service providers;
- Leora is not intended to be a replacement for any other clinical treatments and is not intended to provide any diagnosis, prognosis, treatments or cures for any disease, condition, disorder, disability or similar;
- you should seek medical advice from a suitably qualified professional if you require clinical advice or treatment;
- you will consult a health practitioner prior to accessing or using Leora if you are already diagnosed with any mental health condition.
(a) Leora Technologies grants you a personal, non-exclusive, non-transferable, limited and revocable licence to use Leora for personal use for the sole purpose of accessing and receiving EAP services, mental health self-help tools and access to healthcare practitioners.
(b) The licence does not allow you to:
- use Leora on a device that you do not own and/or control;
- lend, sell, redistribute or sublicense Leora or any information contained within the App or Website;
- copy (except as expressly permitted by this licence), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Leora(except to the extent any foregoing restriction is prohibited by law);
- violate any applicable laws or access or use Leora for any unlawful purpose;
- distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any tablet, hand-held device or computer hardware or software;
- access another user’s Leora account and/or collector store personal data about other users of Leora;
- distribute through Leora (including the AI chatbot functionality) any inappropriate communication, including any defamatory, offensive, harassing or illegal material or content; or
- by pass any security mechanisms imposed by Leora, or tamper with, hinder the operation of, or make unauthorised access or modifications to, Leora.
(c) You agree to comply with any applicable third party terms when using Leora (for example, an agreement with your mobile service provider or internet service provider). You also acknowledge that your use of Leora through any third-party branded device may be subject to additional terms and privacy policies of third parties, which Leora Technologies is not responsible for.
6. Third party service providers and content
(a) Leora contains content from third parties, including information, material and links to other websites and applications (Third Party Material). Leora also permits you to make an appointment with healthcare professionals (Service Providers). While we take reasonable care in including links to Third Party Material and contracting withService Providers, we do not have direct control over, and are not responsible for, any Third Party Material or Service Providers. Unless we expressly state otherwise, we do not sponsor or endorse any Third Party Materials or Service Providers.
(b) To the extent permitted by law, we do not make representation that any Third Party Material or Service Providers will be fit for your needs and objectives. If you are unsure, please seek advice from an appropriately qualified healthcare professional. Further, we do not warrant that Third PartyMaterial does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.
(c) Before including Third Party Material on Leora or providing access to Service Providers through Leora, we take reasonable steps to ensure that:
- Third Party Material is accurate and up-to-date;
- Service Providers:
(i) are reliable and have sufficient availability to attend sessions with you, if required;
(ii) are of good fame and character;
(iii) comply with the Australian Psychological Society Code of Conduct;
(iv) have not been convicted of a serious criminal offence;
(v) have and maintain qualifications, certificates, licences, permits, approvals and expertise that are necessary to deliver mental health support, counselling and EAP services; and
(vi) have processes in place to maintain and keep their content (including any Third Party Material) accurate and up-to-date.
7. Limiting/withdrawing your access to the App or ending this agreement
(a) You acknowledge and agree that, to the extent permitted by law, we reserve the right, at any time (and without notice), to:
- limit, withdraw or terminate your access to Leora or any features or services available through Leora; and
- refuse to process a service or appointment booking request or provide access to a session (either through Leora or by linking through to another third party platform) if:
(A) you have given us false or inaccurate information;
(B) you include or use inappropriate content whilst accessing Leora;
(C) for security, technical, maintenance or operational reasons and we consider it necessary or appropriate to do so;
(D) you are in breach of these Terms;
(E) you are in breach of your employment terms with respect to accessing EAP services;
(F) we believe Leora has been or may be used illegally or in a way that may cause loss to you, us or a third party; or
(G) we are required to do so to comply with any applicable laws.
(b) Should any of these events occur, you acknowledge that your personal Leora account settings and other saved data may be lost and that we will not be responsible for any such loss. In no event will we be liable for the removal of or disabling of access to Leora or any associated EAP services. We may also impose limits on the use of or access to certain elements of Leora, in any case and without notice or liability.
(c) Upon termination of these Terms pursuant to this clause 7, you must immediately cease all use of Leora and, if applicable, uninstall the App.
(a) Leora may allow you to receive certain notifications and alerts. These will be sent to you electronically (including, to your registered email address or on the display screen of your device). Please check your contact information and notifications settings to ensure that the settings are appropriate for your use. You may not be able to use certain services or you may miss sessions or appointments if notifications are switched off. For example, notifications or alerts may include incoming messages or information from the AI chatbot or information about:
- upcoming sessions with healthcare professionals;
- security issues or upcoming maintenance / upgrades to Leora; or
- other changes we make to Leora.
(b) You acknowledge that delivery of notifications and alerts may be subject to the quality of your connection, and it is your responsibility to check any information before acting on it.
9. Your information
(a) When you create an account with Leora, you do not need to provide personal identifiers such as your real full name, date of birth or healthcare history unless specifically required by your employer (for example, for insurance purposes). We encourage you to use nicknames and non-identifiable information.
(b) We may collect data in connection with your use and engagement with Leora’s AI chatbot functionality (Chat Data). All ChatData is anonymous, de-identified and encrypted. As the Website and App is constantly evolving and being updated, there may be times when we use de-identified Chat Data for the purposes of training and improving Leora’s AI chatbot functionality.
(c) To the extent necessary to ensure compliance with law, we may retain your data, including your personal information, for a period of up to 7 years or such other period as required by law.
10. Cookies (Website only)
(b) We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer Leora, track users’ movements and gather broad demographic information.
(a) We take reasonable steps to protect the information that you transmit using Leora (for example, when you use the AI chatbot). However, we cannot guarantee the security of any information that you transmit to us using Leora. Therefore, any information you transmit using Leora is transmitted at your own risk.
(b) When using Leora, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage the device that you use to access Leora (for example, your computer, tablet or mobile phone). We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of Leora.
12. Intellectual property
Leora Technologies is the owner or licensee of all the intellectual property rights in Leora, including the layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, databases, other information and software. By using Leora, you agree that you:
- do not have any right, title or interest in or to any proprietary rights relating to the information contained in Leora; and
- will not reproduce information obtained by using Leora, except where such reproduction is for your own personal, non-commercial use in accordance with these Terms.
(a) You acknowledge and agree that, to the extent permitted by law, use of Leora is at your sole risk and that, subject to the terms of this clause 13:
- we disclaim all conditions, warranties, guarantees and rights with respect to Leora and any associated mental health support, counselling and EAP services provided in connection with the App and the Website;
- we do not warrant that the operation of the App or Website will be uninterrupted or error-free, or that defects in the App or Website will be corrected;
- we will not be liable in any way for any consequential or indirect loss, loss of data, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance on any part of Leora or any content (including any third party materials, the inability to use any part of Leora or associated EAP services provided in connection with Leora) whether or not it is caused by our negligence; and
- the maximum aggregate liability of Leora Technologies to you for all claims under these Terms is limited to the value of the annual subscription fee actually paid for your access and use of Leora in the 12 months before the claim arose (for example, if AUD $66.00 is the annual fee an employer pays for an individual employee to access Leora, then the maximum aggregate liability is AUD$66.00). Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contributed to or caused the relevant loss or damage.
(b) You have certain rights at law which cannot be limited or excluded. This includes under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)and the Privacy Act 1988 (Cth). Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty or any right or remedy (implied or imposed by any law or legislation) which cannot lawfully be excluded or limited.
14. Apple and Google terms and conditions (App only)
(a) You must separately agree to the App Store terms and conditions and Google Play Store terms and conditions (as applicable) in order to download, register and use the App.
(b) You agree to the additional minimum terms and conditions imposed by Apple and Google set out in Annexure 1 in respect of the use of the App.
15. Other legal terms
(a) If any provision (in part or in whole) of these Terms is unenforceable, the unenforceable part is to be severed and will not affect the validity of any remaining provisions which will remain in full force and effect.
(b) If we do not assert any rights under these Terms, it does not mean we waive those rights, nor will such failure be taken to be a further or continuing waiver of that term.
(c) You are not permitted to assign, novate or transfer any of your rights or obligations under these Terms without our prior written consent. We can assign, novate or transfer our rights and obligations at any time without your consent.
(d) These Terms are governed by and shall be construed in accordance with the law applicable inNew South Wales, Australia and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
16. Questions or complaints
(a) If you have any questions about Leora, we will do what we can to help you. You can reach out to us by emailing us: email@example.com. If you are still not happy and wish to make a complaint, you can lodge a complaint through other channels. See the process here.
(b) For the avoidance of doubt, the App is not provided by Apple, Google or any other third party distributor so if you have any queries regarding the App, please contact us directly.
© Leora Technologies Pty Ltd, 29 Dec 2022
Annexure 1 – Additional terms (App Store)
For users of the App Store, the following additional terms apply:
(a) Leora Technologies and you both acknowledge that the licence as it applies to the App (set out in clause 5 of the Terms) is between Leora Technologies and yourself only and not with Apple or any other person. Subject to the Terms, Leora Technologies, not Apple, is solely responsible for the App and the content of the App.
(b) Leora Technologies and you acknowledge that:
- Leora Technologies, not Apple, is responsible for addressing any claims of you or any third party relating to theApp or your possession and/or use of the App, including:
(A) product liability claims;
(B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(C) any claims arising under consumer protection, privacy or similar legislation; and
- in the event of any third party claim that the App or your possession and use of it infringes a third party’s intellectual property rights, Leora Technologies, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
2. Scope of licence
The licence granted to you by Leora Technologies as it applies to the App (set out in clause 5 of the Terms) is limited to a non-exclusive, non-transferable licence to use theApp on the Apple-branded device that you download it to and is subject to the“Usage Rules” set forth in the Apple Media Services Terms and Conditions (Usage Rules).
3. Notification to Apple
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the extent permitted by law,Apple will have no other warranty obligation whatsoever with respect to theApp, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Leora Technologies.
4. Legal compliance
You represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting”country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
The App is compatible with iOS (minimum version 14.0). Leora Technologies may from time to time upgrade the App, including updating associated minimum operating system requirements. These Terms will govern any upgrades, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern. You acknowledge that, in the event that Leora Technologies upgrades the App, earlier versions of the App may no longer be downloaded or supported.
6. Maintenance and support
Leora Technologies and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may, however, report defects or performance issues in respect of the App to LeoraTechnologies via the details listed in clause 16 of the Terms. Leora Technologies may address material defects and performance issues that we determine have a substantial impact on the operation of the App for all users.
7. Third party beneficiary
Leora Technologies and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.