(a) Welcome to Leora. Leora is an online tool designed to provide services as part of an employee assistance program (EAP). Leora is available through two platforms, an app (App) and a website (Website). For the purposes of this document, the term “Leora” collectively refers to both the App and the Website.
(b) Leora has been developed to assist you (you or User) to self-evaluate your need for mental health support through access to an EAP online chat functionality with an artificial intelligence (AI) chatbot. Leora also provides mental health and other supports, where applicable.
(c) Leora (including associated materials, tools, information, reservations function, AI chatbot, self-assessments and a service directory) has been prepared, and is managed, by Leora Technologies Pty Ltd(ABN 12 654 735 887) (Leora Technologies, we, us or our).
(d) This document sets out the terms and conditions which governs the use of Leora (Terms). By accessing and/or using Leora, you agree to be bound by these Terms. You must not access or use Leora if you do not agree with these Terms.
(e) If you are not accessing Leora for mental health support but for some other purpose not set out in paragraph 1(b)above (for example, you are an employer who is trialling Leora for use by your employees for EAP services or you are a health care professional seeking to become a third-party service provider through Leora), then you agree to comply with the Terms as if you are a User.
In order to use Leora, you must first register and create an account. You will have the ability to register for an account if you are at least 18 years old.
(a) When you register to use Leora, you will be asked to enter an email address and password.
(b) You agree that, to the extent permitted by law:
(c) If you are accessing or using Leora on behalf of another person (Represented Person), you must ensure that you have consent from theRepresented Person and that you are acting in the best interests of theRepresented Person.
(d) We do not guarantee the performance of Leora. We will try to ensure that Leora is accessible 24 hours a day, 365 days of the year but, from time to time, Leora may be inaccessible, unavailable or inoperable for any reason, including:
(e) We may have to make changes to Leora or these Terms at any time. If it is a material change that is unfavourable to you, we will endeavour to notify you 30 days’ prior to implementing those changes via electronic means. However, we may give less notice in special circumstances (for example, if we are required to make a change for regulatory or legal reasons). If you continue to use Leora after we make those changes, we will take that to mean that you have accepted the changes. We may however also require you to confirm acceptance of those changes to continue using Leora. If you do not want to accept any proposed change, then you should notify us immediately, stop using Leora and, where applicable, uninstall the App.
(a) While we have made every effort to ensure that the information provided on the App and Website is complete and correct, you are advised to check any information before making any decisions about your health and wellbeing, having regard to your personal circumstances and needs.
(b) To the extent permitted by law, we do not guarantee the availability, timeliness, reliability, accuracy or completeness of the information available throughLeora or that the information will be relevant to your circumstances. If you are unsure, please seek advice from an appropriately qualified healthcare professional before making decisions about your circumstances. You should not rely on any information disseminated by Leora to delay obtaining professional advice or disregard any professional advice you do receive. The information may contain views or recommendations of third parties and does not necessarily reflect the views of Leora Technologies.
(c) You agree that:
(a) Leora Technologies grants you a personal, non-exclusive, non-transferable, limited and revocable licence to use Leora for personal use for the sole purpose of accessing and receiving EAP services, mental health self-help tools and access to healthcare practitioners.
(b) The licence does not allow you to:
(c) You agree to comply with any applicable third party terms when using Leora (for example, an agreement with your mobile service provider or internet service provider). You also acknowledge that your use of Leora through any third-party branded device may be subject to additional terms and privacy policies of third parties, which Leora Technologies is not responsible for.
(a) Leora contains content from third parties, including information, material and links to other websites and applications (Third Party Material). Leora also permits you to make an appointment with healthcare professionals (Service Providers). While we take reasonable care in including links to Third Party Material and contracting withService Providers, we do not have direct control over, and are not responsible for, any Third Party Material or Service Providers. Unless we expressly state otherwise, we do not sponsor or endorse any Third Party Materials or Service Providers.
(b) To the extent permitted by law, we do not make representation that any Third Party Material or Service Providers will be fit for your needs and objectives. If you are unsure, please seek advice from an appropriately qualified healthcare professional. Further, we do not warrant that Third PartyMaterial does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.
(c) Before including Third Party Material on Leora or providing access to Service Providers through Leora, we take reasonable steps to ensure that:
(a) You acknowledge and agree that, to the extent permitted by law, we reserve the right, at any time (and without notice), to:
(b) Should any of these events occur, you acknowledge that your personal Leora account settings and other saved data may be lost and that we will not be responsible for any such loss. In no event will we be liable for the removal of or disabling of access to Leora or any associated EAP services. We may also impose limits on the use of or access to certain elements of Leora, in any case and without notice or liability.
(c) Upon termination of these Terms pursuant to this clause 7, you must immediately cease all use of Leora and, if applicable, uninstall the App.
(a) Leora may allow you to receive certain notifications and alerts. These will be sent to you electronically (including, to your registered email address or on the display screen of your device). Please check your contact information and notifications settings to ensure that the settings are appropriate for your use. You may not be able to use certain services or you may miss sessions or appointments if notifications are switched off. For example, notifications or alerts may include incoming messages or information from the AI chatbot or information about:
(b) You acknowledge that delivery of notifications and alerts may be subject to the quality of your connection, and it is your responsibility to check any information before acting on it.
(a) When you create an account with Leora, you do not need to provide personal identifiers such as your real full name, date of birth or healthcare history unless specifically required by your employer (for example, for insurance purposes). We encourage you to use nicknames and non-identifiable information.
(b) We may collect data in connection with your use and engagement with Leora’s AI chatbot functionality (Chat Data). All ChatData is anonymous, de-identified and encrypted. As the Website and App is constantly evolving and being updated, there may be times when we use de-identified Chat Data for the purposes of training and improving Leora’s AI chatbot functionality.
(c) To the extent necessary to ensure compliance with law, we may retain your data, including your personal information, for a period of up to 7 years or such other period as required by law.
(b) We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer Leora, track users’ movements and gather broad demographic information.
(a) We take reasonable steps to protect the information that you transmit using Leora (for example, when you use the AI chatbot). However, we cannot guarantee the security of any information that you transmit to us using Leora. Therefore, any information you transmit using Leora is transmitted at your own risk.
(b) When using Leora, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage the device that you use to access Leora (for example, your computer, tablet or mobile phone). We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of Leora.
Leora Technologies is the owner or licensee of all the intellectual property rights in Leora, including the layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, databases, other information and software. By using Leora, you agree that you:
(a) You acknowledge and agree that, to the extent permitted by law, use of Leora is at your sole risk and that, subject to the terms of this clause 13:
(b) You have certain rights at law which cannot be limited or excluded. This includes under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)and the Privacy Act 1988 (Cth). Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty or any right or remedy (implied or imposed by any law or legislation) which cannot lawfully be excluded or limited.
(a) You must separately agree to the App Store terms and conditions and Google Play Store terms and conditions (as applicable) in order to download, register and use the App.
(b) You agree to the additional minimum terms and conditions imposed by Apple and Google set out in Annexure 1 in respect of the use of the App.
(a) If any provision (in part or in whole) of these Terms is unenforceable, the unenforceable part is to be severed and will not affect the validity of any remaining provisions which will remain in full force and effect.
(b) If we do not assert any rights under these Terms, it does not mean we waive those rights, nor will such failure be taken to be a further or continuing waiver of that term.
(c) You are not permitted to assign, novate or transfer any of your rights or obligations under these Terms without our prior written consent. We can assign, novate or transfer our rights and obligations at any time without your consent.
(d) These Terms are governed by and shall be construed in accordance with the law applicable inNew South Wales, Australia and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
(a) If you have any questions about Leora, we will do what we can to help you. You can reach out to us by emailing us: email@example.com. If you are still not happy and wish to make a complaint, you can lodge a complaint through other channels. See the process here.
(b) For the avoidance of doubt, the App is not provided by Apple, Google or any other third party distributor so if you have any queries regarding the App, please contact us directly.
© Leora Technologies Pty Ltd, 29 Dec 2022
For users of the App Store, the following additional terms apply:
(a) Leora Technologies and you both acknowledge that the licence as it applies to the App (set out in clause 5 of the Terms) is between Leora Technologies and yourself only and not with Apple or any other person. Subject to the Terms, Leora Technologies, not Apple, is solely responsible for the App and the content of the App.
(b) Leora Technologies and you acknowledge that:
The licence granted to you by Leora Technologies as it applies to the App (set out in clause 5 of the Terms) is limited to a non-exclusive, non-transferable licence to use theApp on the Apple-branded device that you download it to and is subject to the“Usage Rules” set forth in the Apple Media Services Terms and Conditions (Usage Rules).
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the extent permitted by law,Apple will have no other warranty obligation whatsoever with respect to theApp, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Leora Technologies.
You represent and warrant that:
The App is compatible with iOS (minimum version 14.0). Leora Technologies may from time to time upgrade the App, including updating associated minimum operating system requirements. These Terms will govern any upgrades, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern. You acknowledge that, in the event that Leora Technologies upgrades the App, earlier versions of the App may no longer be downloaded or supported.
Leora Technologies and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may, however, report defects or performance issues in respect of the App to LeoraTechnologies via the details listed in clause 16 of the Terms. Leora Technologies may address material defects and performance issues that we determine have a substantial impact on the operation of the App for all users.
Leora Technologies and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.