Table of Contents for Terms of Use, Appendix I, Appendix II and Appendix IV

Terms of Use

1. Scope

2. Copyright and Trademarks

3. Use of Platform for lawful purposes

4. Educational information does not represent or equate with medical advice

5. Privacy

6. Anonymity and pseudonymity

7. Use of the Platform is at your own risk

8. Individuals aged under eighteen (18) years

9. Individuals experiencing identifiable vulnerabilities

10. Rules for account registration

11. Your responsibility for your login details

12. Your responsibility for your activity and conduct

13. Our right to restrict your access and/or close your account

14. Limitation of liability for services provided or products sold

15. No responsibility for third parties

16. Disclaimer for the use of the software on the Platform

17. No guarantees of service or accuracy

18. Claims about the security of your information

19. Availability of Help Providers and other third parties

20. Costs for service

21. Payment methods

22. Cancellation fees

23. Interactions with Retailers

24. Emergencies

Appendix I - MindSkiller® Virtual Marketplace

1. MindSkiller® Virtual Marketplace

2. Retailers

3. Individual Nominated Users

4. Interactions

5. Utilities

6. Care Pathway Forms

7. Care Pathways

8. Teams

9. Consent

10. Psychiatric governance framework
   Zero Tolerance Policy
   Final arbiter

Appendix II - Code of Conduct for Help-Seekers and Help-Providers on the MindSkiller CONNECT service

1. General etiquette for Help Seekers and help providers using the CONNECT video-conference feature

2. General etiquette for Help Providers

3. Verbal communications

4. Non-verbal language

5. Eligibility to use the service

6. Unacceptable behaviours

7. Feedback and complaints

Appendix III - Retailer’s Agreement

1. Supply of goods and services

2. Goods and Services Tax (GST)

3. Healthcare practices - who is a Retailer in the MindSkiller® Virtual Marketplace

4. Compliance with privacy laws and other obligations
   Privacy Act
   Patient confidentiality
   Notifiable Data Breach Scheme Policy
   Retailer’s login details must be protected against unauthorised access
   Closure of Retailer’s business or Mindskiller® Business Plan
   Where subscription fees are not paid

5. Adherence to professional standards

6. Obligation to disclose potential reputational risks

7. Insurances

Appendix IV - Summary of Consents and Acknowledgments - Help Seekers (Individual Nominated Users and Organisations)

1. Consent to collect, use hold and disclose

2. Informed Consent - AI Chatbot

3. Informed Consent - MindSkiller® Exposure Therapy|2D for Obsessive Compulsive Disorder (OCD) and MindSkiller® Exposure Therapy|VR for OCD

4. Date of Birth and Legal Capacity

5. Data Breaches where the Help Seeker is Responsible

6. Psychosocial Hazards in the Workplace - General Disclaimer

Table of Contents - Terms of Use

1. Scope

2. Copyright and Trademarks

3. Use of Platform for lawful purposes

4. Educational information does not represent or equate with medical advice

5. Privacy

6. Anonymity and pseudonymity

7. Use of the Platform is at your own risk

8. Individuals aged under eighteen (18) years

9. Individuals experiencing identifiable vulnerabilities

10. Rules for account registration

11. Your responsibility for your login details

12. Your responsibility for your activity and conduct

13. Our right to restrict your access and/or close your account

14. Limitation of liability for services provided or products sold

15. No responsibility for third parties

16. Disclaimer for the use of the software on the Platform

17. No guarantees of service or accuracy

18. Claims about the security of your information

19. Availability of Help Providers and other third parties

20. Costs for service

21. Payment methods

22. Cancellation fees

23. Interactions with Retailers

24. Emergencies

1. Scope

Dr Egg Pty Ltd ACN 616 322 288 trading as MindSkiller® (We, Our, Us, Dr Egg) owns the MindSkiller® online platform (Platform), which provides access to specialist-grade educational services in relation to mental health literacy, clinical enhancement tools and other goods and services supporting mental health and psychological wellbeing, including (but not limited to):

 
  • A video-conferencing tool to support Help Seekers of educational services
  • A registry of clinicians, mentors and coaches that can match Help the preferences of Seekers for educational support when they utilise the eLearning modules
  • A registry of digital and in-person mental health services that can match the preferences of Help Seekers
  • Online cognitive behaviour therapy interventions, including:
 - Interactive exposure therapy modules for obsessive compulsive disorder 
 - Virtual reality exposure therapy modules for obsessive compulsive disorder 
 
  • Interactive digital Care Pathway Forms to facilitate person-centred shared care to:
 - Streamline clinical collaboration 
 - Enable Help Providers to navigate and document clinical care pathways for services managing Help Seekers, interventions for Help Seekers and diagnoses of Help Seekers 
 - Facilitate consent 
 - Provide information 
 - Generate Management plans 
 - Utilise outcome measures (both clinician-rated and self-rated) 
 - Create safety plans 
 - Make referrals 
 - Support persons conducting business or undertakings (PCBU) to manage psychosocial hazards in the workplace 
 - Support Australian Privacy Principle (APP) Entities to manage their Notifiable Data Breach Scheme obligations and to provide a Care Pathway to support the possible psychosocial hazard that is a Notifiable Data Breach. 
 

By accessing, using or subscribing to the Platform, you agree to be bound by these Terms of Use.

We may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting the modified these Terms of Use on the Platform. We also have a Privacy Policy for users of the Platform.

The Platform operates within a psychiatric governance framework, which facilitates the formation of a marketplace for Help Providers and Help Seekers to interact whilst using the Platform’s specialist-grade mental health educational, interventional and clinical enhancement tools for healthcare and non-healthcare organisations (See: Appendix I - MindSkiller® Virtual Marketplace).

The Platform gives access to:

 
  • Help Providers, who are (including but not limited to):
 - Clinicians, including general practitioners, registered medical practitioners, registered nurses, mental health nurses, nurse practitioners, general psychologists, clinical psychologists, psychiatrists, psychoanalysts, social workers, dieticians, exercise physiologists, occupational therapists, paramedics, pharmacists, physiotherapists, aboriginal and torres strait islander health practitioners or any other Help Provider who are registered with a recognised local regulatory authority as a clinician 
 - Mentors, including carers, case managers, educators, family members, friends, peer supports, teachers of english as a second language, volunteers, youth workers, or any other type of Help Provider who categorise themselves as a mentor 
 - Coaches, including ADHD coaches, alternative therapists, art therapists, certified counsellors, chinese medicine practitioners, educational coaches, exercise physiologists, fitness instructors, life coaches, marital counsellors, martial arts instructors, matchmakers, massage therapists, music therapists, nutritionists, personal trainers, registered coaches, sex therapists, yoga or pilates instructors, or any other Help Provider who has obtained adequate qualifications, skills and experience to be considered a coach 
 - Third party merchants (Retailers) offering goods and services for sale in the MindSkiller® Virtual Marketplace 
 - Retailers holding MindSkiller® Business Plans and/or MindSkiller® Enterprise Plans. 
 
  • Help Seekers are (including but not limited to):
 - Individuals who are registered with MindSkiller® and/or hold a MindSkiller® Individual Plan or registered with a MindSkiller® Free Plan 
 - Individuals who have not registered and/or do not hold a MindSkiller® Plan, but still have limited access 
 - Authorised persons who have authority to act on behalf of another individual 
 - Organisations seeking to facilitate access to mental health literacy based educational services and other mental health goods and services for their Individual Nominated Users (See: Appendix I MindSkiller® Virtual Marketplace), including patients, employees, team members, contractors, clients, customers and other individuals interacting with the organisation 
 - Organisations or individuals subscribed to MindSkiller® Business Plans or MindSkiller® Enterprise Plans. 
 

Individuals and organisations may be both Help Seekers and Help Providers.

Individuals are users who have subscribed to an Individual Plan or Business Plan and Individual Nominated Users (who have been given a subscription by an authorised Help Provider on a Business Plan). They include (but are not limited to):

 
  • Individuals
  • Help Seekers
  • Help Providers
  • Retailers
  • Individual Nominated Users
  • Nominated Users
  • Users
  • Customers
  • Patients
  • Persons
  • Healthcare Providers
  • Practitioners
  • Individual Practitioners

You agree to comply with any reasonable request by Us in relation to your use of and access to the Platform.

If any part of these Terms of Use are held to be invalid, that part shall be severed and the remainder of the Terms of Use will continue to be valid and enforceable.

No part of these Terms of Use are waived unless We provide such waiver in writing.

Termination of the Terms of Use will not end those provisions that are capable of surviving the ending of the Terms of Use.

All prices are displayed in Australian dollars ($) unless otherwise specified.

The laws of Australia and the state of New South Wales govern these Terms of Use. You agree to the jurisdiction of courts in the state of New South Wales for any disputes that may arise.

Copyright in the material and trademarks on this Site are owned by Dr Egg Pty Ltd ACN 616 322 288. You agree not to infringe any intellectual property rights.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Platform including code and software.

3. Use of Platform for lawful purposes

You must not use this Platform for any purpose that is unlawful or prohibited by these Terms of Use.
You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Platform.

4. Educational information does not represent or equate with medical advice

You acknowledge and agree that information published by Us is intended to provide general and/or educational information only. We are not providing medical advice.
It is your responsibility to obtain your own independent medical advice as appropriate for you and your circumstances.

We do not warrant the accuracy or completeness of information about the usefulness of the Platform in your circumstances.

In no event will We be liable or responsible to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Platform.

5. Privacy

By using the Platform, you acknowledge and agree that We will collect any personal information (including any health information) that you provide to Us and We will manage and deal with this personal information in accordance with Australian Privacy Principles and Our Privacy Policy may be amended over time.

6. Anonymity and pseudonymity

We acknowledge Australian Privacy Principle 2 (APP 2) providing individuals the option of not identifying themselves, or of using a pseudonym.

However, this does not apply if We are required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or if it is impracticable for Us to deal with individuals who have not identified themselves or who have used a pseudonym.

“Impracticable” means not practicable, that cannot be put into practice with the available means.

Examples of situations where it is impracticable for Us to deal with individuals who do not wish to identify themselves (i.e. situations where you may not use a pseudonym), include but are not limited to:

 
  • Help Providers who have been subject to Our verification or credentialing processes, have subsequently been approved for verification by Us, and consent to be listed on one of Our online educational support registries as a verified Help Provider
  • Help Providers who have consented to be listed on one of Our online educational support registries but are yet to be verified by Us and are licensed persons that are required to identify themselves to any persons with whom they are engaging in a professional interaction in accordance with the rules of their professional regulatory obligations (e.g. medical practitioners or licensed teachers).

Examples of situations where you may need to identify yourself include but are not limited to:

 
  • Help Seekers who are lawfully using a pseudonym and subsequently wish to utilise a healthcare identifier (e.g. a Medicare number or a private health insurance policy number) in relation to a consultation with a medical practitioner or other Help Provider.

Examples of situations where you may need to identify yourself include but are not limited to:

 
  • Help Seekers who wish to utilise eLearning modules solely and exclusively for educational purposes
  • Help Providers who:
 - Wish to utilise eLearning modules solely and exclusively for educational purposes  
 - Have not consented to be listed on one of Our online educational support registries 
 - Do not require Us to provide any confirmation of their progress (and therefore their true identity) to a Continuing Professional Development Provider (CPD) for CPD purposes. 
 

Verification of Help Providers

We conduct identity and credentialing checks of Help Providers who wish to be listed on any of Our online educational support registries. Help Providers who have been successfully verified will be identified as such including the date of verification within their listing on the online educational support registries. Those Help Providers who are yet to be verified or are in the process of being verified by Us will display an “unverified” status against their names.

You agree to engage in communications with either verified Help Providers or Help Providers designated as unverified with whom you already have an existing professional or personal relationship.

Educational support services vs medical services from an APP2 perspective

MindSkiller® eLEARNING mental health literacy modules are solely educational support services. Therefore, pursuant to APP 2 there is scope for anonymity and pseudonymity. Undertaking these modules may lead to you engaging medical services which are subject to additional laws creating less scope for anonymity and pseudonymity pursuant to APP2. In certain circumstances therefore, it may be impracticable or unlawful to use a pseudonym and you may need to identify yourself accordingly.

7.Use of the Platform is at your own risk

You acknowledge and agree that accepting, using or participating in any service whatsoever, or engaging in any activity on the Platform is done so at your own risk and you hold Dr Egg, it's owners, employees, representatives, agents and related bodies harmless from any loss, cost, claim, injury, damage, liability, sustained or incurred.

8. Individuals aged under eighteen (18) years

We acknowledge the Attorney General’s Report (2022) on the Privacy Act and apply additional protections and apply greater care for children by:

 
  • undertaking assessment on the potential impact on privacy before commencing any activity;
  • ensuring that the handling of personal information is within the individuals’ reasonable expectations and is not harmful;
  • ensuring that we do not profile children or otherwise use their data for advertising/ marketing purposes, unless it can clearly be demonstrated how and/or why it is in the best interests of children to do so.

In view of the above you:

 
  • will be required to provide a date of birth upon registration (only users who have attained a minimum age of sixteen (16) years are permitted to register);
  • may be asked to prove your age when undertaking the CONNECT service if a Help Provider suspects or believes that you are under the age of eighteen and/or have misrepresented your age;
  • will be required to provide a date of birth upon registration;
  • may be asked to prove your age when undertaking the CONNECT service if a Help Provider suspects or believes that you are under the age of eighteen and/or have misrepresented your age.

You should not engage any Help Provider on the CONNECT service who:

 
  • has not been verified by Us
  • has not had their credentials checked (where relevant) by Us does not have a valid Working With Children Check.

For additional information refer to the Privacy Policy.

Important Disclaimer:

You or your parent or legal guardian (whichever is applicable) acknowledge and agree that:

 
  • accepting, using or participating in any service whatsoever, or engaging in any activity on the Platform, is done so at your own risk
  • you hold Dr Egg, its owners, employees, representatives, agents and related bodies harmless from any loss, cost, claim, injury, damage, liability, sustained or incurred
  • you will cooperate with Our efforts to manage Our online (and any associated physical) environments with a view to safeguard and minimise risks to children, including Our efforts to identify, control, maintain and actively manage such risks (which are reviewed regularly).

9. Individuals experiencing identifiable vulnerabilities

We acknowledge the Attorney General’s Report (2022) on the Privacy Act and apply both additional protections and greater care for individuals experiencing identifiable vulnerabilities by:

 
  • undertaking assessment on the potential impact on privacy before commencing any activity
  • ensuring that the handling of personal information is within the individual’s reasonable expectations and is not harmful
  • ensuring that we do not profile individuals with identifiable vulnerabilities or otherwise use their data for advertising/ marketing purposes, unless it can clearly be demonstrated how and/or why it is in their best interests to do so.

For additional information refer to the Privacy Policy.

Important Disclaimer:

You or your parent or legal guardian (whichever is applicable) acknowledge and agree that:

 
  • accepting, using or participating in any service whatsoever, or engaging in any activity on the Platform, is done so at your own risk
  • you hold Dr Egg, its owners, employees, representatives, agents and related bodies harmless from any loss, cost, claim, injury, damage, liability, sustained or incurred
  • you will cooperate with Our efforts to manage Our online (and any associated physical) environments with a view to safeguard and minimise risks to children, including Our efforts to identify, control, maintain and actively manage such risks (which are reviewed regularly).

10. Rules for account registration

In order to undertake eLearning modules and receive some services from Help Providers on the PLUS service and the MindSkiller Shop, you must register an account either using Select Your Plan or when invited by an authorised Help Provider who has an account with a Business Plan.

You are responsible for ensuring that your account information in My Account is complete and up-to-date.

Services provided through the Platform are only available to individuals who are 16 years or older or individuals who have the correct legal supervision, oversight and/or guardianship.

You agree not to assign your Account without Our prior written consent.

Individuals or organisations domiciled in Australia may register and subscribe to any of the available Subscription Plans: Free, Individual Plan, Business Plan or Enterprise Plan.

Use of Select Your Plan page by Individuals or organisations domiciled in Australia

Benefits of the various Plans and associated costs are listed on the Select Your Plan page. Features and costs may be varied or changed over time without notice.

Australian Privacy Principles (APP) under Division 2 of the Privacy Act (1988) regulate organisations or ‘APP entities’ that must comply with Australian Privacy Principles.

Use Select Your Plan page by Individuals or organisations domiciled outside Australia
Individuals or organisations domiciled outside Australia are offered selected services only:

 
  • Subscribe to an Individual Plan
  • Access all eLEARNING modules.

Non-Australian individuals and organisations may not:

 
  • Subscribe to a Business Plan or Enterprise Plan
  • Utilise the CONNECT video-conferencing service
  • Be listed as a Business User on the PLUS service
  • Be listed as an Enterprise User on the PLUS service.

11. Your responisbility for your login details

You acknowledge and agree not to share your login details. This means do not:

 
  • Provide your login details to any other person or organisation
  • Allow any other person or organisation to use your account (unless there are matters pertaining to guardianship, medical power of attorney or other legal necessity)
  • Transfer or assign any rights to another person or organisation in respect of your account.

You agree to immediately notify Us of any unauthorised use of your login details or any other breach of security relevant to your account.

Healthcare data

Your MindSkiller® account stores your clinical information and healthcare data.

Data may be collected whilst using the Platform’s specialist-grade mental health educational, interventional and clinical enhancement tools in the MindSkiller® Virtual Marketplace. The goal of collecting data is to serve your healthcare needs.

Allowing another person to share your MindSkiller® login can result in adverse medical outcomes if a person’s medical records other than your own are incorporated into your account.

Personal and sensitive information

Your MindSkiller® account may contain your billing information (e.g. your credit card number), healthcare identifiers (e.g. Medicare number, private health insurance policy number) and sensitive health related information.

By allowing another person or organisation to share your MindSkiller® login, you may compromise your personal financial information, identity related information and sensitive health information.

Retailers and other Help Providers

Retailers or other Help Providers have an obligation under the Privacy Act, Mindskiller® Notifiable Breach Scheme Policy and MindSkiller® Terms of Use not to permit unauthorised access to, unauthorised disclosure of or loss of personal information and/or sensitive information of any Nominated User added to their Business Plan or Enterprise Plan.

Retailers or other Help Providers acknowledge and agree:

 

Where a Help Provider (who has access to a Help Seeker MindSkiller® account) becomes aware of a data breach incident or a suspected data breach incident caused by the Help Seeker, the Help Provider needs to determine whether to request the Help Seeker complete a Care Pathways for WH&S - Suspected Data Breach Fact Finder - Team Member form to assist in the containment and immediate remedial action process.

12. Your responsibility for your activity and conduct

You agree that you are solely and entirely responsible for any and all activities that occur under your account.

You agree not to breach any laws in any jurisdiction or encourage or assist the commission of any illegal act.

You agree not to include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform.

You agree not to negatively impact any other user’s ability to access and use the Platform.

You agree not to impersonate any other person. This is different from using a pseudonym which is permitted under certain circumstances as outlined in the Privacy Act 1988.

You agree not to publish or create links to malicious content or engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person. Dr Egg is the final arbiter of what is malicious content, unlawful conduct, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing.

We have zero tolerance policy towards any incitement, encouragement or implicit open attitude towards self-harm to self, harm of others, illicit substance use, dangerous or risk taking behaviours, bullying, abuse, restricted eating and other measures to lose weight, or any unhealthy ideas or behaviours.

You agree not to use the Platform in a frivolous or vexatious manner.

You agree to the MindSkiller® Zero Tolerance Policy and other terms of the Psychiatric Governance framework as outlined in Appendix I - MindSkiller Virtual Marketplace.

When using the CONNECT service, You agree to the etiquette and other behaviours as outlined in Appendix II - Code of Conduct for Help-Seekers and Help-Providers on the MindSkiller CONNECT service.

13. Our right to restrict your access and/or close your account

We reserve the right to restrict your access and/or close your account.

In the event that We close your account, your direct debit authority will be cancelled and you forfeit any prepayment made prior to that time.

14. Limitation of liability for services provided or products sold

Unless expressly stated, We make no representations or warranties, either express or implied, of any kind with respect to services provided or products sold through the Platform.

Unless expressly stated and subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010, Dr Egg expressly disclaims all warranties, express or implied, of any kind with respect to services provided or products sold through the Platform, including but not limited to merchantability and fitness for a particular purpose.

You agree that the sole and exclusive maximum liability to Us arising from any service provided or product sold or provided on the Platform shall be the price of the service provided or product sold. In no event shall Dr Egg, its directors, officers, employees, representatives or related bodies be liable for special, indirect, consequential, or punitive damages related to product sold or services provided.

15. No responsibility for thrid parties

We provide links to internet sites maintained by third parties, both domiciled on the Platform and independent of the Platform. Such sites are not under the control of Dr Egg and Dr Egg is not responsible for the contents (including but not limited to accuracy or legality) of any linked site or any link contained in a linked site.

We provide these links to you only as a convenience, and the inclusion of any link should not imply an endorsement by Dr Egg.

We will not be liable for any damages or loss arising in any way, out of or in connection with or incidental to, any information or third party service provided by any third party.

16. Disclaimer for the use of the software on the Platform

You expressly agree that your use of the software on the Platform is at your sole risk.

In no event will Dr Egg and its related bodies warrant that any software on the Platform will be uninterrupted or error-free.

Dr Egg and its related bodies do not make any warranty as to the results that may be obtained from the use of the software on the Platform, or use of the information, content, service, or products provided through the software on the Platform.

Dr Egg and its related bodies explicitly disclaim any responsibility for the accuracy, content, or availability of information found in the software on the Platform or sites that link to or from the software on the Platform from third parties.

You agree that Dr Egg cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you irrevocably waive any claim against Dr Egg with respect to such sites.

Under no circumstances shall Dr Egg or any other party or related body involved in creating, producing, or distributing software on the Platform be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if We have been advised of the possibility of such damages) that result from:

 
  • the use of or inability to use the software on the Platform
  • the cost of procurement of substitute products and services resulting from any data; information or services purchased or obtained or messages received, or transactions entered into through or from the software on the Platform
  • unauthorised access to or alteration of your registration information, transmissions or data
  • statements or conduct by any third party within the software on the Platform
  • negligent or wilful acts of Dr Egg, its directors, officers, employees and representatives
  • any other matter relating to the software on the Platform.

You agree to indemnify and hold Dr Egg and its related bodies, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of any content you submit, post to or transmit through the software on the Platform, your use of the software on the Platform, your connection to the software on the Platform, your breach of these Terms of Use or your violation of any rights of another.

17. No guarantees of service or accuracy

We provide no guarantee or warrant to you that the Platform or services on the Platform will be uninterrupted or error-free or that defects and errors in the service will be corrected.

We cannot guarantee or warrant to you that files or materials available for downloading through Our Platform or delivered via electronic mail through the Platform will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

You are responsible for implementing protections, firewalls and security procedures to satisfy your particular requirements including for the reconstruction of any lost data.

18. Claims about the security of your information

We take all due care and diligence to ensure the privacy and integrity of the information you provide Us as per the Privacy Act 1988.

The possibility still exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on Our systems. Dr Egg disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

19. Availability of Help Providers and other third parties

Availability of Help Providers and other third parties on the Platform are subject to prevailing demand and may change over time. Your preferred Help Provider may not be available at your desired time.

It is possible that the Help Providers available through the Platform at any given time may not be suitable for your needs.

20. Costs of service

There is a fee structure for subscription to some services of the Platform.

We reserve the right to change the fee structure without notice.

Provision of services by a third party through the Platform may incur additional costs payable by you. The amount payable for each service you will be made available to you either in advance or upon request. You should consider any and all costs before consulting with or purchasing goods or services from a third party.

21. Payment methods

Payment can be made by credit card, Google Pay, Paypal or direct debit.

It is your responsibility to keep your payment details up to date and current.

In the event a payment or direct debit defaults or is not received, you will receive up to 3 email notifications on consecutive days advising you to that effect. You may continue to access your account for those 3 days.

If you have not paid your subscription within 3 days, your access to paid services will be suspended. If you are a Business Sponsor (with an Enterprise Plan), all Business Plans that you are sponsoring who do not have an alternative sponsor will be suspended. If you are the super administrator of a Business Plan that is being sponsored and your Business Plan has no other Business Sponsors, you will receive up 3 emails notifying you that the Business Sponsor needs to update their Enterprise Plan in order for all team members of their sponsored Business Plan to able to continue accessing the paid utilities associated with that Business Plan subscription and be able to add new team members to that account.

22. Cancellation fees

You may cancel your subscription by clicking on ‘Cancel plan’ which you can access through the ‘BILLING’ tab in My Account. The authority to deduct payments will be cancelled.

Cancellation fees may apply. Such fees apply to reflect the costs incurred by Us of creating and setting up services for you. In the event you cancel a monthly subscription, you forfeit the balance of that month’s prepayment.

23. Interactions with Retailers

Retailers are third party merchants, offering goods and services for sale on the MindSkiller® Virtual Marketplace (See: Appendix I - MindSkiller® Virtual Marketplace).

You acknowledge and agree that all agreements for the supply of goods and services are between you and the Retailer.

The Retailer is solely responsible for the supply of goods and services including authorising:

 
  • Any charge for supply of goods and services
  • The sale and setting the terms and conditions under which the sale is made
  • The delivery of goods and services.

Retailers are solely responsible for their compliance with all applicable tax laws, including but not limited to the remittance of Goods and Services Tax (GST) on all sales made through the MindSkiller® platform.

You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed including GST payable or any value added tax imposed on any products or services acquired or ordered by you.

Retailers provide an estimate of any such liabilities on the assumption that you are an Australian resident. If you are not an Australian resident you must make your own enquiries about whether any such liabilities will be imposed if products or services are delivered to you.

24. Emergencies

The Services through the Platform are not suitable for emergency circumstances. If you are in an emergency situation or need urgent and immediate assistance, please contact your local emergency phone number (000 in Australia) or your local hospital emergency department.

Table of Contents - Appendix I - MindSkiller® Virtual Marketplace

1. MindSkiller® Virtual Marketplace

2. Retailers

3. Individual Nominated Users

4. Interactions

5. Utilities

6. Care Pathway Forms

7. Care Pathways

8. Teams

9. Consent

10. Psychiatric governance framework
   Zero Tolerance Policy
   Final arbiter

1. MindSkiller® Virtual Marketplace

The MindSkiller® Virtual Marketplace operates within the MindSkiller® psychiatric governance framework and facilitates interactions between:

 
  • Retailers and Individual Nominated Users
  • Retailers and other Retailers
    for the primary purpose of supporting the mental health and well-being of the individuals and organisations that it serves

2. Retailers

Retailers are third party merchants offering goods and services for sale in the form of:

 
  • Digital or software services accessible solely online
  • In-person and online, digital or software services delivered within a hybrid model of care
  • In-person mental health and related services
  • Hardware

Retailers may include:

 
  • Healthcare organisations offering:
 - Specialist-grade mental health clinical enhancement tools 
 - Mental healthcare goods and services 
 - Healthcare goods and services 
 
  • Non-healthcare organisations that:
 - Offer positive lifestyle based goods and services 
 - Have invested in mental health literacy, knowledge, strategies and skills for the benefit of their team members and clients 
 - Offer goods and services in a manner that is is likely to be experienced as supportive, respectful and non-judgemental by MindSkiller®’s Help Seekers 
 - Offer goods and services that are not considered deleterious to mental health and well-being by the MindSkiller® psychiatric governance framework. 
 

3. Individual Nominated Users

Individual Nominated Users are users of the platform that interact with Retailers, who may include:

 
  • Individual consumers
  • Team members of mental healthcare organisations
  • Team members of healthcare organisations
  • Team members of non-healthcare organisations that are:
 - Help Seeker organisations 
 - Retailers that offer positive lifestyle based goods and services or gave invested in mental health litercay, knowledge, strategies and skills 
 - Both a Help Seeker organisation and a Retailer. 
 

Individual Nominated Users are team members of either healthcare or non-healthcare organisations that include:

 
  • Administrators
  • Managers
  • Visiting Medical Officers (VMOs)
  • Supervisors
  • Clinical staff
  • Frontline staff
  • Non-clinical staff
  • Contractors
  • Clients
  • Patients
  • Students.

4. Interactions

Individual Nominated Users interact with Retailers by entering into contracts to acquire various goods and services supplied by Retailers. All agreements for the supply of goods and services are between the Individual Nominated User and the Retailer.

Retailers interact with other Retailers in circumstances where they have an Individual Nominated User in common for the primary purpose of providing healthcare services.

This may occur within one team, a network of teams within one healthcare group or teams of separate networks interacting.

5. Utilities

The MindSkiller® Virtual Marketplace provides Utilities for the benefit of both Retailers and Individual Nominated Users.

MindSkiller® Utilities include the following:

 
  • eLEARNING: Psychiatrist-grade psychoeducation modules offering self-paced education and training in mental health literacy and specific psychiatric disorders.
  • CONNECT: A purpose built video conferencing service to support education and training.
  • PLUS: A registry of Retailers offering mental health related goods and services to MindSkiller® Help Seekers. They include:
 - Healthcare organisations that offer: 
- Digital mental health tools 
- Online mental health services 
- Information about contemporary and innovative medical treatments 
- Other healthcare services 
 - Non-healthcare organisations that offer: 
- Positive lifestyle based goods and services 
- Other goods and services in a manner that is likely to be experienced as supportive, respectful and non-judgemental and are not considered likely to be deleterious 
 
  • Care Pathway Forms: A registry or library of online documents or records that provide care pathways (Clinical and WH&S), information, guidelines, outcome measures or questionnaires (self-rated, clinician-rated or AI-guided), management plans, safety plans, referral forms, consent forms and data capture protocols designed to support various processes within the MindSkiller Virtual Marketplace.
  • AI chatbot: Designed to assist with navigation through the resources of the MindSkiller® Virtual Marketplace.

6. Care Pathway Forms

Care Pathway Forms (Forms) are online documents or records containing structured information fields and action buttons.

Forms may include:

 
  • Care Pathways for Services
  • Care Pathways for Interventions
  • Care Pathways for Diagnoses
  • Care Pathways for Work Health & Safety (WH&S)
  • Consent Forms to facilitate informed consent and/or financial consent
  • Management Plans document or summarise a potential, proposed or current package of care
  • Outcome Measure questionnaires (clinician-rated) are used by help-providers to assess and document the features, symptoms and/or functions of a condition or situation either quantitatively or qualitatively
  • Outcome Measure questionnaires (self-rated)
  • Referral Forms facilitate the collation of salient information for another Retailer who is being engaged to provide a service or intervention.

Some forms are designed for collaboration between the Individual Nominated User and Retailer or other Help Provider.

Retailers may be an individual Help Provider or a team of Help Providers utilising Forms to enhance, simplify, streamline and document collaborative efforts to manage an Individual Nominated User journeying through a mental health service or program, diagnosis or an intervention-based Care Pathway.

7. Care Pathways

A Care Pathway is a documented suite of potential interventions, processes and information about a Help Seeker that is consistent with a model of care that is used by members of a multidisciplinary team (Team) working collaboratively to care for a Help Seeker.

There are Clinical Care Pathways for healthcare organisations and Work Health and Safety (WH&S) Care Pathways for both healthcare and non-healthcare organisations.

There are three distinct categories of Clinical Care Pathway:

 
  • Service
  • Diagnostic
  • Interventional.

Both WH&S and Clinical Care Pathway Forms assist the Help Providers or senior team members to document key clinical information, recommendations, actions and processes. These forms may include the following components:

 
  • A flowchart of potential steps and processes that a Help Seeker may benefit from receiving from multidisciplinary team members (Help Providers) and Retailers, enabling the Help Seeker to have a tailored, personalised treatment package
  • A collation of clinically salient healthcare information about the Help Seeker.
  • Action buttons that can launch combinations of processes, such as:
 - Instigating referrals 
 - Instigating communications with the Help Seeker, team members, Retailers and/or clinicians outside the MindSkiller® Virtual Marketplace  
 - Offering business plans to Retailers and clinicians outside the MindSkiller® Virtual Marketplace 
 - Adding an Individual Nominated User to business plans including those of Retailers. 
 
  • Combinations of Forms that enable a documentary record to be created from the use of outcome measure, referral, consent and information sheet forms. These Forms may be launched singularly or sometimes as a batch from within a Care Pathway Form.

8. Teams

Teams are groups of Individual Nominated Users, which may include:

 
  • Help Providers
  • Senior Team Members
  • Junior Teams Members
  • Help Seeker, such as patients, clients and students.

Examples of Teams include:

 
  • Retailers and/or other Help Providers who coordinate healthcare services for an Individual Nominated User in common within a Service, Diagnostic or Interventional Care Pathway
  • Senior team members within an organisation who coordinate healthcare services for other team members within Care Pathways designed for that organisation’s needs.

Forms enable a Team to accomplish a shared purpose or goal. The structure of the Forms and the data captured within them enable:

 
  • Retailers and other Help Providers share access to real-time clinical information about an Individual Nominated User in common, facilitating collaboration and team-based coordination of care
  • Retailers and/or other Help Providers to collaborate with other Retailers and/or other Help Providers to offer specialist healthcare services on the MindSkiller® Virtual Marketplace marketplace
  • Teams to collaborate with other Teams to accomplish a shared purpose or goal.

Retailers and other Help Providers must obtain consent from Individual Nominated Users to collect, use, hold and disclose personal and/or sensitive information.

Consent may be provided or withdrawn for a specific Retailer or other Help Provider at the discretion of the Individual Nominated User (See: Appendix IV - Summary of Consents and Acknowledgments - Help Seekers (Individual Nominated Users and Organisations).

10. Psychiatric governance framework

The MindSkiller® psychiatric governance framework oversees the activities within the Mindskiller® Virtual Marketplace with a view to supporting the mental health and well-being of Help Seekers and Help Providers.

The governance framework includes oversight of:

 
  • The platform design and development
  • Accreditation processes
  • Changes, refinements and additions that are made to the platform
  • The policy framework based on healthcare values, models and clinical principles
  • The values, model and system, to ensure they are fit for purpose and relevant to the Australian healthcare system and related policies, laws and cultural practices
  • The Zero Tolerance Policy.

Zero Tolerance Policy

There is a zero tolerance for the following unacceptable behaviours:

 
  • Any violence, which is defined as any incident in which an individual, group of individuals or organisation comprising individuals is abused, threatened or assaulted and includes verbal, physical or psychological abuse, threats or other intimidating behaviours, intentional physical attacks, aggravated assault (an attack causing serious bodily harm), threats of aggravated assault, assault with an offensive weapon, sexual harassment and sexual assault
  • Any incitement, encouragement or implicit open attitude towards self-harm to self, harm of others, illicit substance use, dangerous or risk taking behaviours, bullying, abuse, restricted eating and other measures to lose weight or any unhealthy ideas or behaviours
  • Any facilitation of malicious content that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person.

The Zero Tolerance Policy extends to any individual or organisation with a history of openly engaging in any of the above mentioned unacceptable behaviours outside the MindSkiller® Virtual Marketplace where, in the assessment of the MindSkiller® psychiatric governance framework, the presence or participation of that individual or organisation in the Virtual Marketplace could pose a deleterious effect on the mental health or well being of one or more Help Seekers, Help Providers or Retailers, or Our reputation.

Final arbiter

Dr Egg’s psychiatric governance framework is the final arbiter of:

 
  • Whether the actions or presence of any Help Provider, Help Seeker or other individual or organisation are contrary to the primary purpose of supporting the mental health and well being of the individuals and organisations on the Mindskiller® Virtual Marketplace and the MindSkiller platform
  • What is malicious content, unlawful conduct, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing
  • Whether to remove or deny access (permanently or temporarily) to any Help Provider, Help Seeker, individual or organisation and/or any related or associated information at its discretion and without providing prior notice or explanation.

Table of Contents - Appendix II - Code of Conduct for Help-Seekers and Help-Providers on the MindSkiller CONNECT service

1. General etiquette for Help Seekers and help providers using the CONNECT video-conference feature

2. General etiquette for Help Providers

3. Verbal communications

4. Non-verbal language

5. Eligibility to use the service

6. Unacceptable behaviours

7. Feedback and complaints

1. General etiquette for Help Seekers and help providers using the CONNECT video-conference feature

Set up a suitably quiet space, free from distractions, especially for a virtual appointment.

Don't sit with your back to a window as bright light may flood your camera obscuring the other person’s view of you.

Set up your device so it is stable and at eye level. You will have a better appointment if you are not holding your device.

Establish a close up view rather than a distant view.

Ensure you are within the frame.

Have a stable internet connection.

Where possible, avoid engaging CONNECT when you are moving (e.g. in a car or a train).

If you are meeting each other for the first time, introduce yourself.

Explain when you may break eye contact (e.g. to make notes).

Be mindful of your attire and the cleanliness of your immediate environment.

2. General etiquette for Help Providers

For physical presentation, wear appropriate attire and consider wearing a name badge.

For the physical environment, limit clutter, select a secure room to ensure the privacy of the person seeking your help, and have an alternative power source in case of unforeseen technical issues.

Verbally confirm and document instances where consent is required.

Ensure the Help Seeker is aware of any fees for service or other consequences.

When you are utilising an interpreter, be clear on your plans for such an engagement ahead of time.

Stay in role for a brief episode of person-centred educational support in a safe and engaging manner regarding specific subject matter.

Identify the goals of the episode of educational support.

Precisely articulate that subject matter and pose questions to be discussed.

3. Verbal communications

Be polite, courteous and respectful.

Enunciate your words clearly.

Repeat back what the other person has said in situations where understanding and comprehension are important.

Encourage the other person to clarify or repeat something said to ensure understanding.

Allow ample pause, about 5-10 seconds or longer depending on the situation.

Use understood prompts. When signalling that you would like to wind up, you could say “I’m ready to wind up” or “I'm ready to finish”. This will give the other person fair warning to complete their sentence.

4. Non-verbal language

Positive non-verbal cues are encouraged (e.g. head nodding, leaning forward) to affirm that you are engaged.

Limit amount of hand gesturing, fidgeting, or negative body language (e.g. crossed arms).

Maintain eye-contact (ensure camera is well-positioned) as much as possible when speaking and listening to the other person.

5. Eligibility to use the service

You may be asked to prove your age when undertaking the CONNECT service if a Help Provider suspects or believes that you are under the age of 16 and/or have misrepresented your age as being over 17 when you appear to be aged 16-17.

6. Unacceptable behaviours

CONNECT is a healthcare enhancement service.

You may not use the CONNECT service in a frivolous or vexatious manner. You may not impersonate any other individual (this is different from using a pseudonym).

We have zero tolerance policy towards any incitement, encouragement or implicit approving attitude towards self-harm to self, suicide, harm of others, illicit substance use, dangerous or risk taking behaviours, bullying, abuse, stalking, cyber-bullying, restricted eating or other measures to lose weight, or any harmful ideas or behaviours.

We have a no smoking and no vaping policy during a virtual meeting. Using the CONNECT service while intoxicated or under the influence of narcotics will not be tolerated.

Individuals who have not previously met but who meet for the first time using the CONNECT service, must not engage in a personal or sexual relationship either during or subsequent to their meeting on CONNECT. CONNECT is not a dating service. All users must feel safe knowing that personal, romantic and sexual relationships are indefinitely prohibited (if individuals meet for the first time on the CONNECT service).

Behaviour that is malicious, unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person will not be tolerated.

7. Feedback and complaints

You may voice any concerns that may arise from your experience of the CONNECT service at support@mindskiller.com

Table of Contents - Appendix III - Retailer’s Agreement

1. Supply of goods and services

2. Goods and Services Tax (GST)

3. Healthcare practices - who is a Retailer in the MindSkiller® Virtual Marketplace

4. Compliance with privacy laws and other obligations
   Privacy Act
   Patient confidentiality
   Notifiable Data Breach Scheme Policy
   Retailer’s login details must be protected against unauthorised access
   Closure of Retailer’s business or Mindskiller® Business Plan
   Where subscription fees are not paid

5. Adherence to professional standards

6. Obligation to disclose potential reputational risks

7. Insurances

1. Supply of goods and services

Where a Retailer enters into a contract with an Individual Nominated User for the supply of goods and services, the Retailer acknowledges and agrees that:

 
  • All agreements for the supply of goods and services are between the Retailer and the customer (which includes Individual Nominated Users, Help Seekers and other Retailers).
  • The Retailer is solely responsible for the supply of goods and services including authorising:
 - Any charge for supply of goods and services 
 - The sale and setting the terms and conditions under which the sale is made 
 - The delivery of goods and services. 
 
  • The Retailer must also provide or present the customer with a written representation identifying the Retailer as the entity solely responsible for both the supply and the sale.

2. Goods and Services Tax (GST)

The Retailer acknowledges and agrees that it is solely responsible for the remittance of Goods and Services Tax (GST) on all sales made through the MindSkiller® Platform and compliance with all applicable tax laws. Dr Egg shall not be held liable for any failure of the Retailer to fulfil its tax obligations

3. Healthcare practices - who is a Retailer in the MindSkiller® Virtual Marketplace

Where there is joint responsibility for planned care that is agreed between a healthcare provider and a patient within the context of a broader healthcare practice, the healthcare practice (organisation) is a Retailer in the Mindskiller® Virtual Marketplace.

Where an individual healthcare provider or practitioner is solely responsible for planned care of patients, that individual practitioner is a Retailer in the Mindskiller® Virtual Marketplace. This may include:

 
  • Sole practitioners (individual practitioners not providing healthcare from within the context of a group practice)
  • Individual practitioners who provide planned care within the context of a group practice. In such circumstances, both the individual practitioner and the healthcare practice may be Retailers.

4. Compliance with privacy laws and other obligations

Privacy Act

The Retailer acknowledges and agrees that it is solely responsible for ensuring its own compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) as set out in the Privacy Act. In particular, the Retailer is solely responsible for compliance with:

 
  • Section 16A of the Privacy Act, Permitted General Situations in relation to the collection, use or disclosure of personal information
  • Section 16B of the Privacy Act, Permitted Health Situations in relation to the collection, use or disclosure of health information.

The Retailer must implement appropriate policies and procedures to ensure the protection of personal information in accordance with these laws. Dr Egg shall not be held liable for any non-compliance by the Retailer with the Privacy Act or the APPs

Patient Confidentiality

The Retailer acknowledges and agrees to protect the personal information of its Help Seekers (e.g. patients, customers, clients, students etc) and Help Providers (e.g. staff, employees, contractors etc) in accordance with Australian Privacy Principles and Our Privacy Policy, which may be amended over time.

The Retailer acknowledges and agrees that it is solely responsible for the determination of whether:

 
  • A patient or an Individual Nominated User poses a serious danger of violence to another person
  • An obligation exists for them to use reasonable care to protect an intended victim against serious danger of violence
  • Said circumstances are an exception to the protection and maintenance of a patient’s confidentiality.

Notifiable Data Breach Scheme Policy

The Retailer acknowledges and agrees that it shall abide by and adhere to the terms and conditions outlined in MindSkiller®’s Notifiable Data Breach Scheme Policy of Appendix I - MindSkiller Privacy Policy and Collection Notice. This involves the Retailer:

 
  • Promptly notifying Dr Egg of any data breaches affecting personal or sensitive information
  • Cooperating fully with any investigations or remedial actions deemed necessary by Dr Egg
  • Taking appropriate measures to mitigate any risks or damages resulting from data breaches.

MindSkiller® can assist Retailers to:

 
  • Determine whether there has been a data breach
  • Undertake an Assessment pursuant to the Privacy Act 1988 (Cth)
  • Document the process.

To access the Care Pathway Forms associated with this resource, a Retailer must select a Care Pathway icon associated with a team member listed in My Account > My Teams within a Business Plan. Retailers can then access the following Care Pathway for WH&S forms:

 
  • Suspected Data Breach Fact Finder - Team Member
  • Suspected Eligible Data Breach Assessment Form - Manager.

For further information, see: Part B - Guidance for Completing the MindSkiller® Suspected Eligible Data Breach Assessment Form - Manager of Appendix I - MindSkiller® Notifiable Data Breach (NDB) Scheme Policy, in the MindSkiller® Privacy Policy and Collection Notice.

Retailer’s login details must be protected against unauthorised access

The Retailer acknowledges and agrees that they have an obligation under the Privacy Act, the Mindskiller® Notifiable Breach Scheme Policy and the MindSkiller® Terms of Use not to permit unauthorised access to, unauthorised disclosure of or loss of personal information and/or sensitive information.

A Retailer’s login details must be protected in accordance with the MindSkiller® Terms of Use Section 11 and MindSkiller® Notifiable Data Breach Scheme Policy Section 1.5.1 Unauthorised Access - Protection of login details.

Data breaches incidents where the Help Seeker is responsible

Where a Retailer who has access to a Help Seeker’s MindSkiller® account becomes aware of a data breach incident or a suspected data breach incident caused by the Help Seeker, the Retailer needs to determine whether to request the Help Seeker complete a Suspected Data Breach Fact Finder - Team Member Care Pathways for Work Health & Safety (WH&S) form to assist in the containment and immediate remedial action process.

Closure of Retailer’s business or MindSkiller® Business Plan

The Retailer acknowledges and agrees that they have an obligation to notify and appropriately manage, in accordance with their professional standards, all Individual Nominated Users in circumstances where the:

 
  • Retailer’s business is permanently closing
  • Retailer plans to close its MindSkiller® Business Plan.

Where subscription fees are not paid

Should a direct debit for subscription fees default, the Retailer’s Business Plan will become deactivated after 3 days. The Business Plan can be reactivated by supplying valid payment credentials.

The Retailer acknowledges and agrees that they will notify and appropriately manage all affected Individual Nominated Users, in accordance with their professional standards.

5. Adherence to Professional Standards

The Retailer acknowledges and agrees that it is solely responsible for ensuring its own compliance with the professional standards and regulatory requirements applicable to its industry. The Retailer must implement and maintain appropriate policies, procedures, and practices to adhere to these standards.

Dr Egg shall not be held liable for any non-compliance by the Retailer with the professional standards of its industry. This includes Retailers whether they are a sole practitioner or a healthcare organisation.

Where a Retailer who is registered with the Australian Health Practitioner Regulation Agency (AHPRA) is an Individual Nominated User on a Retailer’s Business Plan, the Retailer acknowledges and agrees that it is solely responsible for:

 
  • Immediately disclosing to Dr Egg regarding any conditions placed on the Retailer’s registration or any other action taken by the Australian Health Practitioner Regulation Agency (AHPRA) that may affect Retailer’s ability to practise
  • Taking remedial action to prevent or minimise harm.

Dr Egg shall not be held liable for any non-compliance by the Retailer with AHPRA's directives and reserves the right to take remedial action as it sees appropriate.

6. Obligation to disclose potential reputational risks

The Retailer acknowledges and agrees that it is responsible for promptly disclosing to Dr Egg any information or actions that may bring the MindSkiller® platform into disrepute. This includes, but is not limited to, any legal actions, regulatory investigations, data breaches (See: the MindSkiller® Notifiable Data Breach Policy),
negative publicity that could impact the platform's reputation or any incident where a medical defence insurer is notified. The Retailer must notify Dr Egg immediately upon becoming aware of any such issues.

7. Insurances

The Retailer acknowledges and agrees that, at its own expense, they shall effect and keep current with reputable insurance companies, insurances in relation to the Retailer’s use of the MindSkiller® Platform. These include but are not limited to public liability insurance, personal injury insurance, professional indemnity insurance and property damage insurance.

Table of Contents - Appendix IV - Summary of Consents and Acknowledgments - Help Seekers (Individual Nominated Users and Organisations)

1. Consent to collect, use hold and disclose

2. Informed Consent - AI Chatbot

3. Informed Consent - MindSkiller® Exposure Therapy|2D for Obsessive Compulsive Disorder (OCD) and MindSkiller® Exposure Therapy|VR for OCD

4. Date of Birth and Legal Capacity

5. Data Breaches where the Help Seeker is Responsible

6. Psychosocial Hazards in the Workplace - General Disclaimer

1. Consent to collect, use hold and disclose

Help Seekers and Individual Nominated Users may provide consent for specific Retailers and other Help Providers to collect, use, hold and disclose personal and/or sensitive information. Such consent may be provided and/or withdrawn at the discretion of the Help Seeker or Individual Nominated User.

Help Seekers and Individual Nominated Users may also choose to provide consent for the de-identification of personal information.

2. Informed Consent - AI Chatbot

The MindSkiller® AI Chatbot is an online tool to assist Help Providers and Help Seekers navigate through the MindSkiller® Platform content.

Platform content may include (but is not limited to):

 
  • Mental health literacy and diagnosis eLearning modules
  • Glossary of mental health vocabulary and metaphors
  • Interventions, treatments and services listed on the MindSkiller® PLUS Directory
  • Other functionalities of the Platform including where Help Seekers connect with Help Providers and Help Providers access support, guidance and subscription services.

MindSkiller® adheres to the Australian Government’s voluntary framework of eight Artificial Intelligence (AI) Ethics Principles, designed to ensure AI is safe, secure and reliable. Those Principles are:

 
  • Human, societal and environmental wellbeing: AI systems should benefit individuals, society and the environment.
  • Human-centred values: AI systems should respect human rights, diversity, and the autonomy of individuals.
  • Fairness: AI systems should be inclusive and accessible, and should not involve or result in unfair discrimination against individuals, communities or groups.
  • Privacy protection and security: AI systems should respect and uphold privacy rights and data protection, and ensure the security of data.
  • Reliability and safety: AI systems should reliably operate in accordance with their intended purpose.
  • Transparency and explainability: There should be transparency and responsible disclosure so people can understand when they are being significantly impacted by AI, and can find out when an AI system is engaging with them.
  • Contestability: When an AI system significantly impacts a person, community, group or environment, there should be a timely process to allow people to challenge the use or outcomes of the AI system.
  • Accountability: People responsible for the different phases of the AI system lifecycle should be identifiable and accountable for the outcomes of the AI systems, and human oversight of AI systems should be enabled.

For more information, visit the Australian Government’s Department of Industry, Science and Resources.

3. Informed consent - MindSkiller® Exposure Therapy|2D for Obsessive Compulsive Disorder (OCD) and MindSkiller® Exposure Therapy|VR for OCD

Aims for interventions

These interventions enable the user to:

 
  • Create a personalised exposure plan, with exposure tasks progressing from easiest to hardest. With practice, the user will become more desensitised to their OCD symptoms. The exposure tasks are designed to make them feel uncomfortable, but they will always have full control over their level of anxiety and the pace of their progress through the exercises.
  • Conduct exposure therapy on their 2D device based on the exposure tasks listed in their personalised exposure plan
  • Conduct symptom provocation on their 2D device when undertaking transcranial magnetic therapy (TMS) treatment sessions, based on the exposure tasks listed in their personalised exposure plan where their distress level has been determined to fall within specific parameters
  • Conduct exposure therapy using the Virtual Reality (VR) headgear based on the exposure tasks listed in their personalised exposure plan
  • Conduct symptom provocation using the VR headgear when undertaking TMS treatment sessions, based on the exposure tasks listed in their personalised exposure plan where their distress level has been determined to fall within specific parameters.

Procedures

Users can carry out the exposure tasks using their own personal device (personal computer, tablet or mobile phone) or they can transfer the data they have entered into a VR headset. If they use a VR headset, they will need to ensure it has the MindSkiller Exposure Therapy|VR for OCD software downloaded into it before transferring the Exposure Plan from MindSkiller® Exposure Therapy|2D for OCD in their personal device into the VR headset.

MindSkiller® Exposure Therapy|2D for OCD and MindSkiller® Exposure Therapy|VR for OCD can both be utilised as a stand alone therapy or whilst undertaking Transcranial Magnetic Stimulation (TMS).

To begin, the user will need to create their own Exposure Plan using MindSkiller® Exposure Therapy|2D for OCD. The user will be asked to consult their therapist to assist them to choose the exposure therapy settings (if appropriate), and then refine the settings of their exposure tasks.

Data Collection

This tool is being researched for quality assurance purposes in order to enhance its effectiveness.

By providing consent, the patient agrees to the collection of their health information for the purposes of researching, developing and enhancing the effectiveness of the therapy (See: Privacy Policy sections 3, 4 and 5 and Collection Notice section 3).

Information will be stored securely on electronic data capture platforms such as Research Electronic Data Capture (REDCap) and the MindSkiller® platform. This information cannot be disclosed without the patient’s permission, unless required by law.

Participation in the research and development is voluntary. Users will not receive any payment. Users can refuse participation or stop participating at any time without penalty or loss of benefits to which they are otherwise entitled.

Benefits

By using MindSkiller® Therapy for OCD, the patient may be able to reduce the symptoms of their OCD subtype. If they use it in conjunction with TMS, it may enhance their response to the TMS treatment.

Risks

Exposure to scenarios the patient is struggling with is meant to be distressing, but to a tolerable degree. It is expected that the VR scenarios are likely to be more distressing than the 2D scenarios.

The product has been designed to take into account patients with severe OCD who are unwilling, avoidant or experience excessive distress from in vivo exposure and who are more likely to engage and continue using exposure therapy (which is the evidence-based gold standard type of cognitive behaviour therapy for OCD) if they begin with a more tolerable form of exposure therapy first, like 2D, which starts with the least distressing tasks and increases in steps the likely distress the user will experience to harder tasks.

When they have gained confidence and/or desensitised themselves using the 2D software, the user may be suitable to progress to the VR scenarios.

VR is known to have some possible side effects such as:

 
  • Eyestrain
  • Headache
  • Pallor
  • Sweating
  • Dry mouth
  • Abdominal fullness
  • Disorientation
  • Vertigo.

The outcome measure questionnaires may ask for information that may also make the patient feel uncomfortable.

The patient is guided to seek clinical support whilst using the tool and should speak with their clinician if they have any strong negative reactions to any of the content.

The patient is guided to contact support@mindskiller.com if they have any concerns or think they have been harmed.

4. Date of Birth and Legal Capacity

Help Providers and Individual Nominated Users acknowledge and accept the responsibility to:

 
  • Accurately register a correct date of birth
  • To possess the appropriate capacity to provide informed consent.

5. Data Breaches where the Help Seeker is Responsible

Where a Help Seeker is responsible for a data breach incident or a suspected data breach incident, they acknowledge and agree to notify the appropriate Help Provider(s) who has/have access to the Help Seeker’s MindSkiller® account in order to:

 
  • Undertake containment and immediate remedial action
  • At the Help Provider’s request, complete a Care Pathways for WH&S - Suspected Data Breach Fact Finder - Team Member form to assist in the containment and immediate remedial action process.

6. Psychosocial Hazards in the Workplace - General Disclaimer

While all care has been to ensure the accuracy, completeness and relevance of legal information, mental health related and medical information and workplace based scenarios, the Work Health & Safety (WH&S) Care Pathways are for general informational and guidance purposes only.

Users acknowledge and agree that Dr Egg cannot anticipate all possible workplace and work related scenarios.