TERMS AND CONDITIONS OF USE
Last updated: 19 September 2023
1. Introduction and Legal Terms
1.1. By accessing or using Psyche: Mental Health or https://www.psycheinnovations.com/ or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by Psyche Innovations.
1.2. These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
1.3. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.
1.4. The terms "user", “you" and “your” are used interchangeably in these Terms and accordingly refer to anyone using the Platform for any reason whatsoever including parents/guardians accessing the Platform on behalf of their child/ward. Accordingly, the terms “us”, “our” or “we” refers to Psyche Innovations or our possession.
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2. Our Services
2.1. What Our Platform Offers
2.1.1. Our Platform, Psyche: Mental Health is a hybrid application (app and website app) built to empower you to level up your mental health and wellness. Our Platform helps you holistically measure your mental health and wellness. We use a mental health scale to track your mental health by asking you certain questions to assist us in mapping your mental health and track your progress within the Platform.
2.1.2. Our Platform offers personalized learning through scientifically proven tools and skills aimed at improving mental fitness. Completing psychological and mental skill activities starts you on the journey to improved mental health and optimal functioning. Although our mental skill activities are developed by trained psychologists, the results of any activity are suggestive, and no result is 100% accurate. These activities are provided for informational purposes only and cannot diagnose any medical conditions.
2.1.3. Our Platform also provides a resource library for important topics, including mental health literacy, issues important to young people, anxiety, depression, and stress offering guidance on actions you can take to address these topics in your life.
2.2. Service Disclaimer
2.2.1. You understand and agree that our Platform is not equipped, nor do we represent that the information on our Platform is or is intended or implied to be, a substitute for professional medical advice, diagnosis, and/or treatment and should not be treated as such. All content and information provided through the Platform is strictly for general information purposes only.
2.2.2. If you require a professional diagnosis, you should consult a suitably qualified medical professional for this purpose. You should never disregard professional medical advice or delay seeking medical advice or treatment because of information you have read or accessed through this Platform. Use of our Platform and Services does not establish a doctor-patient relationship. All the content that is made available by and through the Platform should be discussed and confirmed with your physician, psychiatrist, psychologist, or other healthcare provider before implementing any mental health wellness program, exercise program, or other treatment.
2.2.3. You acknowledge and agree that we cannot be held liable for any loss or damage suffered by you as a result of you acting on the outcome of or reliance on any activity, tool, resource, or assessment you undertake or utilize on our Platform.
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3. Registering a Profile with the Platform
3.1. Creating a Profile: To use the Platform, we require you to create a profile with us. We ask you to provide us with a username, email address, age, and gender (which are used for statistical and research purposes only), billing address, payment card information, and chosen password to protect your profile. Where you are under the age of 18 years, your parent or guardian must assist you in creating a profile with us. Parents and guardians agree that they will be responsible for all the actions of their child/ward when using our Platform, including the payment of fees and any related purchases.
3.2. Social Login: You may also register a profile using social media. You may create a profile with us using your Google, Facebook, Instagram, or X account. Where you register using a social account, we may have access to various information you make available through such an account (this is discussed further in our Privacy Policy). Please be advised that we are not in any way affiliated with any of the social media other platforms, and equally, our Platform is neither endorsed nor sponsored by any of the social media platforms used to register an account with us. Using social media to sign into our Platform means you are at all times subject to the terms and conditions of that platform.
3.3. Accurate Information: When signing up for our Platform, you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and information. Please update your information yourself through your account or contact us to view or change your personal information provided.
3.4. Warranty: By sharing your personal information with us, you warrant that the person using the Platform is you or you have the consent of your parent/guardian. You are responsible for the information you provide, and all the actions taken on the Platform. Please see our Privacy Policy for more details on how we use and process personal information.
3.5. Unlawful Access: Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorized charges to your account.
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4. Payment Terms
4.1. Freemium Package: Basic features of our Platform are available to use for free. This package is called our freemium model, giving you access to the features you need with the option of upgrading to our full service offering at any time.
4.2. Subscription: To use all the available services and features of our Platform, you must subscribe to either a monthly or annual subscription package. All packages are billed from the day you first subscribe, and you will be rebilled on the same day of each following month or year thereafter. You can cancel your subscription at any time before the next billing date and will continue to have access to your subscription until the next billing date, after which you will not be billed again, and your subscription will end.
4.3. Subscription Fees: Our subscription fees are available on the Platform and are subject to change at any time in our reasonable discretion. You will be given 30 days' prior notice where there is a change in the subscription fee charged.
4.4. Organizational Use: If you would like to use our Platform within your organization or university, please contact us at info@psychinnovations.com or daniel@psycheinnovations.com, and we’ll get back to you to engage with you. We offer Non-Profit Organizations (“NPO”) and Government agencies the opportunity to integrate our Platform within their organization for free in exchange for sponsorship. If you are either an NPO or Government agency interested, please contact us, and we will engage directly about sponsorship and incorporating our Platform within your organization.
4.5. Limitation of Use: Your right to use our Platform is subject to any limits we established or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Platform.
4.6. Refunds and Returns: Unless otherwise required by applicable laws, Psyche Innovations does not refund any fees that have been paid for Services received from Psyche Innovations.
5. Rewards programme
5.1. We may from time to time offer rewards for participating in certain of our Services and
completing activities as detailed more fully on the Platform.
5.2. You may use only your registered account to participate in our reward program.
Under no circumstances may you attempt to establish multiple accounts using
multiple computers, names, or any program that masks your identity. All rewards are
subject to review and only redeemable once. We reserve the right to withhold, deny or
cancel any rewards and/or terminate your account if we, in our sole discretion, deem
any reward as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent
with our Terms or any other applicable law or regulation. For avoidance of doubt,
faking completion of activities on our Platform to access rewards, will amount to an
automatic disqualification from participation in the rewards program and your profile
will be suspended and/or terminated in our discretion without notice to you. Any
decision in this regard shall be final.
6. Responsibilities and Warranties
6.1. By using the Platform and/or the Services, you warrant that:
6.1.1. you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
6.1.2. you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
6.1.3. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms. Children/Minors may only use the Platform and/or Services with the express consent and supervision of their parents or legal guardians who agree to be bound to these Terms and to be liable and responsible for their children/minor’s use of the Platform and all the associated obligations under these Terms;
6.1.4. lawfully possess and submit all information to Psyche Innovations for the use of the Platform and the Services;
6.1.5. where you use our Services as an organization, you warrant that you have the authority and consent to share personal information with us and indemnify Psyche Innovations against any third party claims that may arise in respect of any personal information you share with us;
6.1.6. you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
6.1.7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
6.1.8. you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
6.1.9. you will not use the Platform for any commercial purpose other than as expressly provided for by Psyche Innovations herein;
6.1.10. you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
6.1.11. you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Psyche Innovations to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority, demanding specific performance and/or pursuing legal action against you.
6.2. Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
6.3. Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
7. Messages and Advertising
7.1. Data Messages between You and Psyche Innovations
7.1.1. Data messages, including email messages, you send to us will be considered as received only when we acknowledge or responded to these messages.
7.1.2. Data messages we send to you will be regarded as received when the data message enters your email server inbox and is capable of being retrieved and processed by you.
7.1.3. We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory, or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
7.1.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
7.2. Hyperlinks, Deep Links, Framing
7.2.1. The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on, or support of the content or products of these other sites.
7.2.2. We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
7.2.3. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
8. Intellectual Property
8.1. Platform IP: All website/application layout, website/application content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Psyche Innovations, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
8.2. User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a non-exclusive, non-transferable license to use such intellectual property to provide you with our Services including the use of our Platform.
8.3. No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
8.4. Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
8.5. Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
8.6. User License: Subject to adherence to the Terms, Psyche Innovations grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any license or right to use any intellectual property without our prior written permission.
9. Indemnities, Disclaimers, And Warranties
9.1. Disclaimers
9.1.1. The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". Along with the Service Disclaimers listed above, we make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.
9.1.2. All content, information, and/or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not Psyche Innovations. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
9.1.3. Psyche Innovations, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered.
9.1.4. Psyche Innovations, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, damages, loss of life or injury including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
9.1.5. We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
9.2. Indemnities
9.2.1. You indemnify and hold harmless Psyche Innovations, its shareholders, employees, and partners from any demand, action, or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or transactions concluded through the Platform in any way.
9.2.2. You agree to indemnify, defend, and hold Psyche Innovations, its shareholders, employees and partners harmless from any direct or indirect liability, loss (including loss of life or injury), claim, and expense (including reasonable legal fees) related to your breach of these Terms.
9.3. This clause will survive termination of these Terms.
10. Dispute Resolution
10.1. Negotiation - Should any dispute, disagreement or claim arise between you and Psyche Innovations concerning the use of the Platform or the Services, the parties shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
10.2. Mediation - Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
10.3. Arbitration - If the dispute is still not resolved after such mediation, the parties will commence and be a party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Psyche Innovations.
10.4. Jurisdiction - Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
10.5. No publication - The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
11. Termination of Use
11.1. IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
11.2. If you wish to terminate your agreement with us and these Terms, you may do so by ending your subscription and use of our Platform. Such termination will, however, not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
12. Notices and Service Address
12.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
12.1.1. in the case of Psyche Innovations, at daniel@psycheinnovations.com; or
12.1.2. in the case of the user, at the e-mail, cellphone number, and/or address provided when registering with us.
12.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
12.3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
13. Company Information
13.1. Site owner: Psyche Innovations (Pty) Ltd
13.2. Legal status: Private Company
13.3. Registration number: 2023/812502/07
13.4. Directors: Daniel Page
13.5. Description of business: Mental Health and Wellness
13.6. Platform address: https://www.psycheinnovations.com/
13.7. Email address: daniel@psycheinnovations.com
13.8. Registered address: 147 Dorp Street, Apartment 5, Stellenbosch, Western Cape, 7600
13.9. Postal address: As above.
14. General
14.1. Relationship Between the Parties - The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
14.2. Force Majeure - If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
14.3. Change Without Notice - The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
14.4. Entire Agreement - This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
14.5. No Indulgence - No indulgence, leniency or extension of time granted by Psyche Innovations shall constitute a waiver of any of Psyche Innovations’ rights under these Terms and, accordingly, Psyche Innovations shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
14.6. Importation of Words - Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
14.7. Headings as Reference - The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
14.8. Governing Law - Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
14.9. Failure to Pay - In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Psyche Innovations in relation to the payment failure or breach.
14.10. Severability - Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
14.11. Prohibited Provision - No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 14.10.