Monash University ("we", "us" or "our") created the MoodPrism website (www.moodprismapp.com) (Website) and the MoodPrism application (App).  By using the Website or the App, you are entering an agreement with us which includes the Disclaimer, the Terms and Conditions of Use and the Privacy Policy (together the "Terms"). If you do not agree with these Terms please do not use Website or the App.

Disclaimer

The materials contained in the Website and the App are presented for information purposes only. The material is in no way intended to replace expert advice or professional medical care and advice.

The materials in the Website and the App cannot and should not be relied on as a health monitor or as an alternative to medical or psychological treatment for a mood condition, nor should it be used as a basis for diagnosis or choice of treatment. The materials are not exhaustive.  The Website and the App cannot always reflect all the most recent research. Information on the Website and the App are based on the more commonly found aspects of mood conditions.  You should not delay seeking or disregard professional medical advice because of something you have seen on the Website or the App.

We do not accept any liability for any claims, losses or damages (whether direct or indirect) to any person who does rely on the content of the Website or the App.  No advice or information, whether oral or written, obtained by you from us or from the Website or the App shall create any warranty or other obligation not expressly stated in the Terms.

Terms and Conditions of Use

1.     All material contained on this site (including its selection and arrangement) is protected by copyright or other proprietary rights which belong to us and our licensors. You may access the Website to view, use, display and print material for your personal, non-commercial use.  All other rights are fully reserved.

2.     All data obtained by us is held and used in compliance with the privacy law in Victoria. However, you should be aware that the internet is not a secure medium and privacy cannot be guaranteed. 

3.     You are not permitted to change, store, copy, publish, sell or distribute any material on the Website or the App without our prior consent in writing.

4.     We may provide links to sites owned and operated by third parties. We have not reviewed all of the third party websites linked on this site and do not endorse the content of such sites.  If you visit such sites, this is undertaken at your own risk.

5.     You agree that your use of the Website and the App is at your sole risk and it is provided by us on an "as is" and "as available" basis. While we use reasonable efforts to seek to ensure the information provided on the Website and the App is correct at the time it is posted, we give no warranties in connection with the site including but not limited to warranties of satisfactory quality, fitness for any particular purpose or non-infringement of third party rights. Subject to the consumer guarantees provided for in the Australian Consumer Law, we make no warranty that:

a.     the Website, the App and/or any information will meet your requirements;

b.     your access to and use of the site will be continuous, timely, secure, or error-free;  or

c.     any errors or inaccuracies will be corrected.

6.     If your use of the Website or the App results in the need for servicing or replacing equipment or data, this will not be at our risk or expense. We do not accept responsibility for damage arising from unavailability of the Website or the App or from the introduction of a virus, worm, trojan, or other harmful or disruptive component to any computer used by you as a result of using the Website or the App. 

7.     You agree to fully indemnify us in respect of any and all losses and expenses (including legal fees) incurred by us in connection with any breach by you of these Terms.

8.     You consent to the:

a.              collection of health information in accordance with Health Privacy Principle 1 of the Health Privacy Principles set out in the Health Records Act 2001 (Vic) and the collection of personal information in accordance with Information Privacy Principle 1 of the Privacy and data Protection Act 2014 (Vic); and

b.              use and disclosure of health information in accordance with Health Privacy Principle 2.2 of the Health Privacy Principles set out in the Health Records Act 2001 (Vic) and the use and disclosure of personal information in accordance with Information Privacy Principle 2.2 of the Privacy and Data Protection Act 2014 (Vic); and

c.               storage of your personal and health information outside of Victoria.  

9.     You warrant that:

a.     all information provided through the Website or the App by you is about you and that you are not providing any information about any other individual; and

b.     if you are under the age of 18 your parent or guardian has consented to use the Website or App.

10.  These Terms form the entire agreement between us in connection with your use of the Website or the App and supersedes all other prior agreements between us.

11.  Occasionally we may, in our discretion, make changes to the Terms. Your use of the Website or the App will be governed by the most recent Terms posted on the Website and the App. By continuing to use the Website or the App, you agree to be bound by the most recent Terms. It is your responsibility to check the Website and App regularly for updated versions of the Terms.

12.  Any legal action or proceedings arising between you and us in relation to the Website or the App shall be governed by the law of Victoria and you submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.

Last updated:  28 April 2015