Last updated 22 June 2017
ConnectMe is accessible via our website ( www.connect-me.com) ( Site ). By registering to use ConnectMe as a Client or by clicking a button or a box indicating that you have read and agree to these Terms, you are bound by these Terms. If you do not agree to be bound by these Terms, you must refrain from registering to use ConnectMe as a Client or otherwise cease accessing or making use of the Site in your capacity as a Client. We reserve the right to decline your registration for any reason and at its absolute discretion.
We reserve the right to change these Terms from time to time as we deem necessary, and we will post any such changes and their effective date on the Site.
1. About ConnectMe
ConnectMe is our online platform through which we connect you with individual Users so that you may provide Services to a User regarding his or her specific health, wellbeing and other requirements. ConnectMe enables you to provide Services to Users via a messaging platform which may include online chats and video interfaces between you and a User. ConnectMe can be accessed and used via multiple websites, devices, platforms and other means such as cell phones, tablets and other handheld devices. These Terms apply across all platforms on which ConnectMe can be accessed.
You may invite a person to become a User to access your Services through ConnectMe. To connect with a person you wish to invite to become a User, you email the User an electronic invitation link generated through ConnectMe. We reserve the right, in our discretion, to suspend or cancel a User's registration or access to ConnectMe at any time.
The features and functionality of ConnectMe are determined solely by us and are subject to change or termination without notice.
2. Your conduct when using ConnectMe
When providing the Services or making any other use of ConnectMe, you must exercise a reasonable standard of care, at least the same as you would in a similar transaction not conducted via ConnectMe or the Site, and otherwise exercise the level of conduct mandated by your profession.
By registering to use, and continuing to use, ConnectMe and the Site, you acknowledge and agree that you will not :
- Provide to Users any services via ConnectMe other than the Services, including any services which may not be lawfully rendered or provided via ConnectMe according to the laws, regulations and ethics that apply in your jurisdiction.
- Provide the Services in respect of emergency matters and issues. For emergency matters and issues you must instruct the User to immediately call 000 or their local emergency assistance number.
- Use ConnectMe to solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.
We reserve the right to suspend or cancel your registration, or any profile you post to the Site concerning your provision of the Services via ConnectMe, at any time should we form the view, in our absolute discretion, that your conduct breaches these Terms or that our reputation, brand, operations (including our website, blogs, and membership) or business (including our partners or affiliates) may be affected or harmed as a result of your use of ConnectMe or your registration with us.
3. Communications via ConnectMe
While using ConnectMe, you and Users will likely write or say things by different means of communications, which may include text-based communication (such as SMS and online messages), verbal communication, or video communication, either internally or to each other ( Consulting Content ). The Consulting Content is shared between you and Users via fully encrypted servers, and is accessible solely by you and the User. You are solely responsible for the Consulting Content you post to ConnectMe and the consequences of its posting.
You agree that you will not use ConnectMe to post any Consulting Content which:
- Is defamatory, libelous, abusive or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
- Infringes on the copyright or any other proprietary right of a third party;
- Would invade the privacy of any other person;
- Is intended to advertise to or solicit others without our express permission;
- Constitutes charity solicitations, chain letters or pyramid schemes;
- Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
- Does not generally pertain to the designated topic or theme of ConnectMe and the Site.
4. Your representations and warranties
You represent and warrant that:
- You will not provide any of the Services or otherwise give any advice to any User via ConnectMe unless you are a licensed professional in good standing in the relevant field of professional expertise.
- You will at all times abide by all relevant laws, rules and regulations, including but not limited to rules of ethics and professional responsibility and conduct relating to your profession or any requirements of the Australian Health Practitioner Regulation Agency that are applicable to you.
- You will not mislead Users to believe that you can provide a Service which is outside your fields of licensed expertise and will not misrepresent yourself or create any misleading name or listing ConnectMe.
- You maintain and will continue to maintain adequate insurance applicable to the provision of the Services by you, including, but not limited to, professional liability and medical malpractice insurance. You will also inform your insurer that you are providing the Services via ConnectMe, and seek confirmation of coverage.
- You will uphold membership with a professional body relevant to your qualifications and complete the necessary ongoing professional development. For mental health professionals, these are: Australian Health Practitioner Regulation Agency, Australian Psychological Society, Australian Counselling Association, or Psychotherapy and Counselling Federation of Australia.
5. Your relationships with Us and Users
Any relationship created using ConnectMe and relating to the Services is strictly between you and the User. We are not involved in any way with the actual substance of that relationship or any part of the Services (whether provided through ConnectMe or not), and we do not validate or otherwise become involved in any of the Services.
You are solely responsible for any agreements you choose to make with a User outside of these Terms. We will not be responsible or liable in any way for any agreement made between you and a User and or for enforcing any such agreement, including but not limited to any agreements in relation to your fee, or usage of ConnectMe, which might differ to those offered via the Site. Any agreement you choose to enter into with a User is your sole responsibility and entire risk.
You are neither an employee nor an agent or representative of us and we assume no responsibility for any of your acts or omissions via ConnectMe.
We cannot and will not verify the truthfulness or accuracy of the details in your personal profile, credentials, qualifications, Consulting Content or any other posting or transmission by you. However, we may, in our absolute discretion, remove or refuse to post or transmit any content uploaded by you and we may remove any content from the Site for any reason.
6. Disclaimers and Limitation of Liability
To the maximum extent permitted by law, you agree to defend, indemnify and hold us harmless, and our employees, contractors, officers, directors, agents, parent, other affiliated companies and suppliers, from all liabilities, claims, damages, loss and expenses, as well as legal fees, that arise from any such claims, including in relation to:
- Your provision of the Services and any other act or omission by you in connection with your use of ConnectMe and the Site;
- Any breach of any representation, warranty, covenant or agreement to be performed by you according to these Terms, or any other representation, warranty, covenant or agreement you have entered into with a User;
- Any materials, including Consulting Content, that you have posted to or through ConnectMe and/or any content provided by you to Users;
- Any loss or injury caused in whole or in part by a User relying upon, using, or interpreting the Services provided by you, the Consulting Content or any other advice posted by you via ConnectMe, the representations made by you as to your qualifications, or any other information obtained from you through use of ConnectMe or the Site including but not limited to representations by you as to your qualifications and advice provided by you, through ConnectMe; and
- Any incidental, consequential, indirect, special or exemplary damages or lost profits suffered by you or any other party arising out of the use or inability to use ConnectMe, the Site, the Services, the Consulting Content, or any other information obtained through the website, even if we, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.
We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Our cumulative liability to you or any other party for any loss or damages resulting from any and all claims, demands, or actions arising out of or relating to ConnectMe, the Site, or these Terms shall not exceed the fees, if any, paid by you or on your behalf for the use of the Site or ConnectMe for the twelve (12) months prior to the date on which the loss or damages arose.
7. Your Account and Responsibilities
You are responsible for maintaining the confidentiality of your password and any other security information related to your account ( Account Information ). You should change your password frequently and take extra care in safeguarding your password. You must notify us immediately of any unauthorised use of your Account Information or any other concern for breach of your account security.
You agree that:
- Your use of ConnectMe is made directly by you and that you are not using either ConnectMe or the Services for or on behalf of any other person or organisation.
- You are solely and fully liable and responsible for all activities that are made by using your Account Information.
- We will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
- You will be responsible and liable for any damage or loss incurred as a result of the use of your Account Information by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.
- You will not interfere with or disrupt, or attempt to interfere with or disrupt any of our systems, services, servers, networks or infrastructure, or any of ConnectMe's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
8. Modifications, Termination, Interruption and Disruptions to ConnectMe
We provide the Site and ConnectMe "as is", "with all faults"; and "as available", and you use the Site and ConnectMe at your own risk. We make no express or implied warranties or guarantees about:
- The information on the Site and ConnectMe, including but not limited to the completeness, currency, availability, reliability, suitability and/or accuracy of any information on the Site or via ConnectMe; or
- Your ability to access or use the Site and/or ConnectMe (either directly or through third-party networks) at times or locations of your choosing.
We may modify, suspend, disrupt or discontinue ConnectMe, any part of ConnectMe or the use of ConnectMe, whether to or by all Users or to or by you specifically, at any time with or without notice to you. We will not be liable for doing so, or for any losses or damages that are caused by any of the aforementioned actions.
You may terminate your provision of the Services via ConnectMe at any time by providing notice to us in accordance with paragraph 12 of these Terms.
9. Intellectual Property
We retain ownership of all intellectual property in ConnectMe. You retain ownership of any intellectual property in the Consulting Content. For so long as you remain a registered Client, and subject to payment of ConnectMe Fees, we agree to grant you a limited, revocable non-exclusive royalty-free licence to use ConnectMe on the terms set out in these Terms.
10. Fees and Payments
You agree to pay the fees for your use of ConnectMe ( Fees ) in accordance with the payment arrangements agreed in writing between us.
The Fees are payable to us monthly in advance by direct debit. The Fees will be calculated by us on the basis agreed between us. The Fees are exclusive of GST. You are solely responsible for reporting and paying any applicable tax in respect of the Fees.
Any disputes or claims in relation to the Fees should be submitted to us within 30 days of the date on which you discover the dispute or claim and no more than 90 days from the payment due date for the Fees.
11. Your Personal Information
We may provide notices or other communications to you in relation to these Terms or any aspect of ConnectMe, by email to the email address that we have on record for you, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to email@example.com.
All messages sent over the ConnectMe platform are encrypted between the ConnectMe servers and the recipients using state of the art TLSv1.2, and a 2048 bit RSA certificate with an SHA256/RSA signature; the strength of ConnectMe's TLS encryption is rated as A+.
Messages are transmitted exclusively backwards and forwards over the best available HTTPS encryption. Video chat uses a direct peer to peer connection where possible and is encrypted for the entire journey from Client to User and vice versa.
These Terms and any supplemental terms, policies, rules and guidelines posted on the Site and/or the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that the laws of the State of New South Wales, Australia governs these Terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New South Wales.