Terms of use

Clearhead Ltd provides consumers with the Clearhead Platform to gain insights on their COVID-19 and mental health concerns through a self-assessment process, book online with mental health professionals and enable a self-referral process with participating general practitioners, access personalised recommendations on mental health resources available, utilise self-management tools to achieve mental wellbeing and other related activities. Clearhead Ltd also acts as a software as a service provider for mental health professionals through our booking management system, telehealth, invoicing and payment systems, and public service directory.

Clearhead Ltd is not responsible for the mental health professionals utilising our Clearhead Platform’s policies or practices or determine whether they are in compliance or conflict with the applicable law. However Clearhead does ensure that all mental health professionals on Clearhead’s national directory is currently registered with their respective regulatory bodies.

Application of terms

These Terms apply to your use of the Clearhead’s website and mobile application, whether as a guest or a registered user. By accessing and using the website and mobile application, hereby both known as the Clearhead Platform:

  1. you agree to these Terms; and

  2. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Clearhead Platform, and you must immediately stop doing so.

Changes

  • We may change these Terms at any time by updating them on the Clearhead Platform. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Clearhead Platform, you agree to be bound by the changed Terms.

  • We may change, suspend, discontinue, or restrict access to, the Clearhead Platform without notice or liability.

  • These Terms were last updated on 3/4/2020.

Definitions

In these Terms:

  • Including and similar words do not imply any limit

  • Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

  • Personal information means information about an identifiable, living person

  • Terms means these terms and conditions titled Clearhead Platform Terms of Use

  • Underlying System means any network, system, software, data or material that underlies or is connected to the Clearhead Platform

  • User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Clearhead Platform

  • We, us or our means Clearhead Limited

  • Clearhead Platform means https://www.clearhead.org.nz (for the consumer) and associated mobile app on iOS and Android. https://provider.clearhead.org.nz/ (for the mental health professionals)

  • You means you or, if it applies, both you and the other person on whose behalf you are acting.

Your obligations

  • You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

  • If you are given login details, you must keep your login details secure and:

    1. not permit any other person to use your login details, including not disclosing or providing it to any other person; and

    2. immediately notify us if you become aware of any disclosure or unauthorised use of your login details, by sending an email to [email protected]

  • You must:

    1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Clearhead Platform or any Underlying System, or otherwise attempt to damage or interfere with the Clearhead Platform or any Underlying System; and

    2. unless with our agreement, access the Clearhead Platform via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

    3. Information for the mental health professional provided is to be used only for personal use of accessing their services. No solicitation of the mental health professionals are allowed for any other uses

  • You must obtain our written permission to establish a link to our Clearhead Platform. If you wish to do so, email your request to [email protected]

  • You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Clearhead Platform by using your User ID.

Intellectual property and copyright

  • We (and our licensors) own all proprietary and intellectual property rights in the Clearhead Platform (for all non-third party information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

  • All third party material contained in this site is the copyright of individual contributors and is made available for personal use only. It may not be further copied and distributed without permission from the copyright owners concerned.

  • Where you are the owner of copyright work which you believe is available on this website in such a way that does not satisfy the fair dealing provisions of the Copyright Act 1994 or otherwise constitutes a copyright infringement, or a breach of an agreed licence or contract, please notify us at [email protected] and we will remove it immediately.

Disclaimers and informed consent

  • Clearhead’s digital wellbeing assistant Chatbot is not a health professional. It is a computer program that simulates human-like conversation with Users. This is achieved through the use of natural language processing techniques via the analysis free text and button inputs. There is no supervising human responding behind the conversation.

    1. By continuing with the use of the Chatbot, you are providing informed consent regarding understanding of the limitations of such service. This includes but is not limited to:

    2. The summary information the Chatbot provides from these conversations, such as psychological formulation and potential diagnosis and recommendations are subject to error; it can wrongly indicate a condition or attribute is present or absent.

    3. The self-assessment information provided by the Chatbot is designed to be considered by or alongside a registered health professional to support their assessment process. We encourage you to talk to a relative, friend, or health professional about using the Chatbot if you have any uncertainty about what it is or the errors it can make. The information provided should not be taken as a replacement for seeking professional advice.

    4. In the event that the Chatbot detects concerns regarding your safety. For example, suicidal intent with imminent risk, the Chatbot will stop the chat conversation. In this case, it will ask for your consent to send a pre-populated message to a free, available 24 hours, 7 days a week helpline, where there would be trained counsellors to assist with your distress. To ensure your safety, you are highly recommended to provide consent to be connected to the helpline as prompted by the Chatbot.. In the case of a medical emergency, the Chatbot will stop the chat conversation and recommends that you call 111. To ensure your safety, you are highly recommended to contact 111 directly as prompted by the Chatbot.

    5. In the event of disclosure of illegal activity, or activity that places another person at risk, or reason to be concerned that you may be at risk to yourself, then the Clearhead team may need to inform other authorities. Whenever possible this will be discussed with you and other authorities will not be contacted if the risk is considered sufficiently reduced by the discussion.

    6. You can withdraw your consent at any time by opting to stop using the Clearhead chatbot.

    7. We encourage you not to use the Chatbot if you are having difficulty understanding informed consent. Informed consent requires you to be competent, voluntarily making this decision on your own free will and able to comprehend the information that has been provided in the terms of use, privacy policy and through the chatbot. This includes minors under the age of 16 who are not legally able to provide informed consent. In the case of minors, consent should be obtained from the child’s guardian to continue using Clearhead.

    8. Please stop using the Chatbot if you have difficulty understanding the questions it asks or the information provided in the terms of use and privacy policy. Informed consent is an active process that occurs with every interaction with the Clearhead platform and when you are no longer able to provide informed consent, please do not use Clearhead.

    9. It’s also important for you to consider the security of the information you disclose, what we do with it, and your control of it. Please read our Privacy Policy in full so you understand what you are consenting to.

    10. You will be asked to complete an additional consent process at the time, prior to any of your self-assessment information being shared to a healthcare provider such as your general practitioner.

  • Clearhead serves as an aggregator of third party content of mental health resources. The information and recommendations provided to you on the Clearhead platform is for informational purposes only and should not be construed as professional advice.

    1. No person should act solely in reliance on any statement contained in the information provided, it is not intended as a substitute for professional health advice. You should seek independent professional advice from a person who is licensed and/or qualified as a health professional, this could include but is not limited to your GP, Psychiatrists and other mental health professionals.

    2. Clearhead functions to assist individuals looking to engage in preventative and proactive health care to achieve wellbeing. It is not a site suitable for those that are acutely distressed, unwell, or in crisis and should not be used as such.

    3. Clearhead provides recommendation of useful mental health resources. These recommendations contain links to third party internet sites. Clearhead does not endorse content on these sites, nor can Clearhead accept any responsibility for the content or accuracy of them. The content of the material provided on this site belongs to the individual authors and is representative only of the respective author(s) opinions, positions/stand, practices, experiences, thoughts, views, concepts, perceptions, ideas and/or beliefs and as such does not represent the views of Clearhead.

    4. Clearhead have made reasonable efforts to ensure that the information published is as accurate and up-to-date as possible. The information is provided in good faith with no guarantee as to outcomes or the accuracy or currency of any information.

  • To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

    1. the Clearhead Platform is not responsible for any injury, loss or damage caused by reliance on any part of this information.

    2. the Clearhead Platform being unavailable (in whole or in part) or performing slowly;

    3. any error in, or omission from, any information made available through the Clearhead Platform;

    4. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Clearhead Platform. To avoid doubt, you are responsible for ensuring the process by which you access and use the Clearhead Platform protects you from this; and

    5. any site linked from the Clearhead Platform. Any link on the Clearhead Platform to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

  • We make no representation or warranty that the Clearhead Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Clearhead Platform is not illegal or prohibited, and for your own compliance with applicable local laws.

  • We may restrict access to some parts of our site, or our entire site, to registered users only.

Liability

  • To the maximum extent permitted by law:

    1. you access and use the Clearhead Platform at your own risk; and

    2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Clearhead Platform, or your access and use of (or inability to access or use) the Clearhead Platform. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

    3. If you post your personal information on the website’s online community forum, you acknowledge and agree that the information you post is publicly available to those that are registered within the online community forum.

  • Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

  • To the maximum extent permitted by law and only to the extent the above points under the Liability section of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Clearhead Platform, or your access and use of (or inability to access or use) the Clearhead Platform, must not exceed NZD100.

Privacy Policy

Please see separate privacy policy document for details:https://www.clearhead.org.nz/privacy-policy

Suspension and termination

  • Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Clearhead Platform (or any part of it).

  • On suspension or termination, you must immediately cease using the Clearhead Platform and must not attempt to gain further access.

General

  • If we need to contact you, we may do so by email or by posting a notice on the Clearhead Platform. You agree that this satisfies all legal requirements in relation to written communications.

  • These Terms, and any dispute relating to these Terms or the Clearhead Platform, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Clearhead Platform.

  • For us to waive a right under these Terms, the waiver must be in writing.

  • Clauses in the Terms of Use are intended to survive termination of these Terms and continue in force.

  • If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

  • These Terms set out everything agreed by the parties relating to your use of the Clearhead Platform and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Clearhead Platform that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.