Loffty Terms Of Use

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Global Mind Screen (NZ) Limited, trading as Loffty (Loffty) delivers a mental health and wellbeing website (Loffty Website) and platform (Loffty Clinical Platform) that enables End Users to gain insights on their mental health and wellbeing via their nominated Accredited Loffty Practitioner. The End User completes a Loffty Clinical self-assessment and accesses their personalised Loffty Clinical report and recommendations through their nominated Accredited Loffty Practitioner.  Loffty also acts as a software as a service provider for mental health professionals by delivering its provider directory, decision support tool, treatment plan, and patient management system through the Loffty Clinical Platform. Loffty is not responsible for the mental health and wellbeing professionals who use the Loffty Platform nor whether they are in compliance or conflict with the applicable rules of their respective regulatory bodies. Loffty does however ensure that all mental health practitioners in the provider director are currently registered with their respective regulatory bodies.

1                APPLICATION OF TERMS

1.1             These Terms are binding and apply to your use of the Loffty Website (www.loffty.com) and the Loffty Clinical Platform, which are both operated by Global Mind Screen (NZ), whether as a guest or a registered user.  Please read our Privacy Policy available on the Loffty Website because it applies to all of the information provided to us and forms part of these Terms. By accessing and using the Loffty Website and Loffty Clinical Platform, henceforth referred to as the Loffty Platform:

a            you agree to these Terms; and

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

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

2                CHANGES

2.1             We may change these Terms at any time without notice by updating them on the Loffty Platform.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring that you are familiar with the latest Terms.  Your continued use of the Loffty Platform will be regarded as your acceptance of these changed Terms.

2.2             These Terms were last updated on 7/5/2023. 

3                DEFINITIONS

3.1             In these Terms, the following words have specific meaning wherever you see them:

Account means an account on the Loffty Platform of a person who completes the required Accredited Loffty Practitioner or End User registration processes.

Accredited Loffty Practitioners, You means you as a general practitioner, psychologist, psychiatrist or other approved mental health practitioner or, if clause 1.1b applies, both you and the other person on whose behalf you are acting who accepts these Terms in accordance with clause 1 above, who has registered as a practitioner to use the Loffty Platform.

Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Loffty Platform. Our Confidential Information includes Intellectual Property owned by us, including the Loffty Platform. Your Confidential Information includes your Data.

Data means information (including Personal Information) which you have entered into and stored on the Loffty Platform and includes, files, data, metadata, text, photographs and written posts.

End Users, You means you as an individual consumer or, if clause 1.1b applies, both you and the other person on whose behalf you are acting who accepts these Terms in accordance with clause 1 above and has created a Loffty Assessment accessible via a nominated Accredited Loffty Practitioner.

You means you as either an End User, an Accredited Loffty Practitioner, or a casual visitor to the Loffty website or, if clause 1.1b applies, both you and the other person on whose behalf you are acting who accepts these Terms in accordance with clause 1 above.

including and similar words do not imply any limit.

Intellectual Property Rights means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, Confidential Information, trade secrets, know-how, business names, trade names, trademarks, wordmarks, service marks, passing off rights, unfair competition rights, patents, utility models and rights in designs). “Loffty” is the registered trademark of Global Mind Screen (NZ) Limited. Any other trademarks appearing on this Loffty Website, associated online properties

Loffty, we, us or our means Global Mind Screen (NZ) Limited, trading as Loffty.

Loffty Directory means the directory of Loffty providers, including Accredited Loffty Practitioners, whose contact details are accessible through the Loffty Platform.

Loffty Platform means the Loffty Website and Loffty Clinical Platform.

Login details means a unique name and/or password combination allocated to you to allow you to access certain parts of the Loffty Platform at an Accredited Practitioner or to allow you access to a single Loffty Clinical assessment.

Loffty Website means the Loffty website (www.Loffty.com) and associated Loffty social media accounts (e.g. Facebook, LinkedIn, Twitter, Instagram etc.).

Loss includes any direct, indirect or consequential loss, cost, loss of opportunity or profits, savings, revenue or data, lost goodwill, reputational damage, and any other claim, damage, loss, liability, and cost, or other adverse cost including legal costs on a solicitor and own client basis.

Personal Information means information about an identifiable, living person and includes information about the health of an individual.

Terms means these terms and conditions titled Loffty Terms of Use.

4                YOUR OBLIGATIONS

4.1             In order to use the Loffty Clinical assessment an End User must be a New Zealand or Australian resident and be 18 years of age or older unless, in the case of minors between 14 and 17, consent is obtained from the child’s legal guardian following consultation and agreement with the minor’s Loffty Accredited Practitioner that the minor would benefit from completing a Loffty Clinical Assessment.

4.2             You agree to provide accurate, current and complete information during the various registration processes on the Loffty Website and to update such information to keep it accurate, current and complete at all times.  If you provide any false or misleading information, we may suspend or terminate your access to the Loffty Platform in accordance with clause 13.

4.3             You must provide true, current and complete information in your dealings with us (including whether registering as an individual End User or an Accredited Loffty Practitioner), and must promptly update that information as required so that the information remains true, current and complete.

4.4             If you are given login details during the practitioner registration process or individual registration process to create an assessment, you must keep your login details secure and:

a            not permit any other person to use your login details, including not disclosing or providing them to any other person. No matter whether anyone using your login details is authorised to use them or has obtained unauthorised access, you will remain responsible for their actions and omissions.

b            immediately notify us if you become aware of any disclosure or unauthorised use of your login details, or you are aware of some other security breach by sending an email to kiaora@loffty.com.

4.5             You must:

a         not act in a way, or use or knowingly introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Loffty Platform or otherwise attempt to damage or interfere with the Loffty Platform. You are responsible for configuring your device in order to access the Loffty Platform and you should use your own virus protection software;

b        not attempt to gain unauthorised access to the Loffty Platform, the server on which the Loffty Platform is stored or any server, computer or database connected to the Loffty Platform.  You must not attack the Loffty Platform via a denial-of-service attack or a distributed denial-of service attack; and

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

4.6             Information about providers, including Accredited Loffty Practitioners, is to be used only for personal use of accessing their services. No solicitation of the solution providers or mental health professionals is allowed for any other uses.

4.7             You must obtain our written permission to establish a link to our Loffty Platform.  If you wish to do so, email your request to kiaora@loffty.com.

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

4.9             You must provide us, or procure for us, such cooperation and information and documentation as are reasonably necessary to enable us to perform our obligations under these terms. We reserve the right to access your Account in order to respond to your requests for technical support.

4.10          You must comply with all applicable laws, regulations and rules when using the Loffty Platform and with respect to any Data you upload to the Loffty Platform.

4.11          You must not commercially exploit the Loffty Platform.

5                INTELLECTUAL PROPERTY
5.1             We (and our licensors) own all rights, title and interest, including all intellectual property rights in the Loffty Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and any suggestions, enhancements, enhancements, requests, recommendations, corrections or other feedback you provide relating to the Platform and the Programme.

5.2             Other than the content and applications we have expressly specified can be downloaded, you must not copy, distribute, republish, download, display, post or transmit the content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior written permission or the written permission of the copyright owner. You may access and use the content and this website for your own personal use only. Unless expressly permitted, you must not do anything to alter, modify or add to the content.

5.3             You own all right, title and interest, including Intellectual Property Rights, in and to your Data. You grant us a worldwide non-exclusive licence to copy, reproduce, store, distribute, publish, export and otherwise deal with your Data for the purposes set out in our privacy policy.

5.4             You warrant that you own, or are authorised to use, any Intellectual Property Rights in any Data you upload to the Loffty Platform. If we reasonably determine, or any third party alleges, that the use of the Programme by you in accordance with these Terms infringes any person’s Intellectual Property Rights, we may modify or revoke the Loffty Platform in such a way that they no longer infringe the relevant Intellectual Property Rights.

5.5             For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the Loffty Platform, either during or after the Term.  In addition, you agree not to reverse engineer, reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Loffty Platform or use or access the same without our express prior written permission.

5.6             Subject to these Terms, we grant you a worldwide, non-exclusive licence to access and use the Loffty Platform.

6                YOUR DATA

6.1             You warrant by using the Lofty Platform that all Data you upload to the Platform:

a         is in compliance with all applicable laws, rules and regulations,

b        does not breach any third party right (including Intellectual Property Rights and privacy rights);

c         is not objectionable, defamatory or obscene, or harassing, threatening or harmful to any other person, or unlawful in any way; and

d        is not incorrect or misleading.

6.2             You acknowledge that all content accessed through your use of the Loffty Platform is at your own risk and that you are solely responsible for any resulting damage or loss to you or any other party.

6.3             You must maintain copies of all Data you upload to the Loffty Platform. We do not make any guarantees that there will be no loss of your Data. You should download your Data prior to terminating your Account.

6.4             If we terminate your Account because you have breached these Terms we may delete your Data immediately or keep it for evidential purposes. In circumstances where we cease providing the Loffty Platform for other reasons, we will, if reasonably practicable and we are not prevented by law or likely to incur any liability in doing so, give you 10 days’ notice to retrieve your Data.

7                COPYRIGHT AND SUBMITTED MATERIAL
7.1             All third party material contained in the Loffty Website is the copyright of individual contributors and is made available for personal use only. It may not be further copied and distributed without permission from the copyright owners concerned.

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

8. LINKS
   8.1 We may provide links on this website to the websites of third parties. However you acknowledge and agree that we have no control over and do not monitor these third party websites. We make no representation regarding the accuracy, completeness or suitability of any third party websites, their products or services and to the maximum extent permitted by law, we exclude all responsibility or liability for those third-party websites. A link to a third party website does not mean that we endorse the content of that website. You use all third party links at your own risk. When you click on any of the third-party links, the applicable third party’s terms and policies apply, not these Terms.

8.2             You acknowledge that if you share any of your Personal Information on a related third party social media website or app (e.g. Facebook, LinkedIn, Twitter, Instagram, etc), your Personal Information may be collected or used by the third-party website or app and/or the users of these sites, and could result in you receiving unsolicited messages. We encourage you to review the privacy policies and settings of the social media websites and apps you interact with.

9                PRIVACY POLICY
9.1             Please read the Loffty Privacy Policy on the Loffty Website for information about our collection and use of Personal Information generated as you access and interact with the Loffty Platform.

9.2             Where you have accepted these Terms on behalf of another person (including an organisation), you warrant in respect of all Personal Information which is contained in any Data that you upload to the Loffty Platform, that you have the right to collect and use that Personal Information and to make it available to us.  You further warrant that our use of that Personal Information to deliver our service will not breach any privacy, data protection, or other similar law in any jurisdiction.

9.3             You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email us at kiaora@loffty.com.

10              DISCLAIMERS

10.1          The Loffty Platform includes Loffty Clinical which is comprised of a structured mental health self-assessment of how an End User has been feeling and behaving over the last two weeks (a clinical decision support tool) and a mental health report which includes a mental status examination, a dynamic and editable mental health treatment plan and mental health educational resources designed to help Accredited Loffty Practitioners achieve better End User outcomes more quickly. Loffty Clinical is a self-assessment tool, it is NOT a diagnostic tool. By using the Loffty Platform, you are providing informed consent that you understand the Loffty Clinical assessment does not provide a final diagnosis and that any final diagnosis remains the responsibility of your Accredited Loffty Practitioner or any other qualified mental health professional you may be referred to. Accredited Loffty Practitioners can use the Loffty assessment to assist them to arrive at a diagnosis or they can choose not to formally diagnose but instead use the information collected through Loffty Clinical to support them in making treatment decisions.

10.2          End Users recognise and agree with the statement made at Clause 10.1, and in addition that the limitation stated at Clause 12, indemnifies Loffty from any liability, loss, claim, cost, damage or expense by any third party claiming misdiagnosis or any inaccuracy in Loffty reports, analyses or other services except where Loffty has been grossly negligent or deliberately acted to contribute to such loss or damage. The assumption stated by this sub-clause is supported by Accredited Loffty Practitioners hereby indemnifying Loffty against all and any liability, loss, claim, cost, damage or expense by any third party claiming misdiagnosis or any inaccuracy in Loffty reports, analyses or other services except where Loffty has been grossly negligent or deliberately acted to contribute to such loss or damage.

10.3          End Users furthermore recognise and acknowledge that, despite all reasonable efforts, the Internet is not an entirely secure form of data exchange and that having weighed the risks against the rewards has decided to be responsible for all risk associated with exchanges of data, including private, personal and medical information about patients. The assumption stated by this sub-clause is supported by Accredited Loffty Practitioners hereby indemnifying Loffty against all and any liability, loss, claim, cost, damage, or expense from a problem with data integrity compromises or other losses.

10.4          The self-assessment information and recommendations generated by the Loffty Clinical are for decision support purposes only and should not, on their own, be construed as professional advice. Your Accredited Loffty Practitioner will use the Loffty report to support their assessment process and will review your personalised Loffty report with you so you can decide next steps together.

10.5          In the event that your Loffty report identifies suicidal ideation or potential for self-harm, the assessment will prompt you to contact a range of support services. In this case, to ensure your safety, we encourage you to connected to the support services. In addition to the prompted support services your nominated practitioner will be alerted by email.

10.6          Please do not to use the Loffty Platform if you have difficulty understanding informed consent. Informed consent requires you to be competent, voluntarily making this decision on your own free will and able to comprehend the information that has been provided in the Terms and Privacy Policy. This includes minors under the age of 16 who are not legally able to provide informed consent. In the case of minors, consent must be obtained from the child’s guardian to continue using the Loffty Platform.

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

a         the Loffty Platform being unavailable (in whole or in part) or performing slowly;

b        any error in, or omission from, any information made available through the Loffty Platform;

c         any exposure to viruses, distributed service attack or other forms of interference which may damage your computer system, software, data or other proprietary material or expose you to fraud when you access or use the Loffty Platform.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Loffty Platform protects you from this; and

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

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

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

11              ACKNOWLEDGEMENTS
11.1          You acknowledge that:

a         We provide the Loffty Platform “as is” and you expressly agree that use of the Loffty Platform is at your sole risk.

b        complex software is never wholly free from defects, errors, and bugs; and subject to the other provisions of these Terms, we give no warranty or representation that the Loffty Platform will be wholly free from defects, errors, and bugs, or available on an uninterrupted basis;

c         complex software is never entirely free from security vulnerabilities and subject to the other provisions of these Terms, we give no warranty or representation that the Programme will be entirely secure; and

d        the Loffty Platform is designed to be compatible only with that software and electronic health record systems advised by us from time to time; and we do not warrant or represent that the Loffty Platform will be compatible with any other software or systems.

12              LIABILITY

12.1          To the maximum extent permitted by law:

a         you access and use the Loffty Platform at your own risk; and

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

12.2          If you post your personal information in the Loffty Directory or the website’s online community forum or social media sites associated with the Loffty Platform, you acknowledge and agree that the information you post is publicly available to those that are registered within the online community forum.

12.3          All claims for damages under this Agreement must be notified to Loffty within 12 months of the cause of action arising. Loffty shall have no liability to you whatsoever for claims notified or commenced after this period.

12.4          Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent that the Loffty Platform is used by you for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 do not apply. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

12.5          Where permissible by law our total liability to you under or in connection with these Terms, or in connection with the Loffty Platform, or your access and use of (or inability to access or use) the Loffty Platform, must not exceed NZD100.

13              SUSPENSION AND TERMINATION

13.1          Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, at any time, without notice for any reason or no reason, which need not be disclosed to you, suspend or terminate your access to the Loffty Platform (or any part of it).

13.2          If we exercise our discretion under these Terms to suspend or terminate your Account you will not be able to access any part of the Loffty Platform, your Account or your Data and we do not have an obligation to return your Data. You must immediately cease using the Loffty Platform and must not attempt to gain further access.

14              GENERAL
14.1          We may assign or transfer our rights under these Terms, at our sole discretion, without restriction.  You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in our absolute discretion. References to either of us in these Terms include our permitted assigns.

14.2          Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by us:

a         via email (in each case to the address that you provide); or

b        via the Loffty Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is sent.

You agree that this satisfies all legal requirements in relation to written communications.

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

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

14.5          No failure or delay by us to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy by us will prevent or restrict the further exercise of that or any other right or remedy.

14.5          Clauses which, by their nature, are intended to survive termination of these Terms, include clauses 4.8, 5, 10, 12, 14.2, continue in force.

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

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

© Global Mind Screen (NZ) Limited 2023