Effective: June 15th 2020

This agreement (“Terms of Service”) is made between you (“the Participant”) and Flinders University (ABN 65 542 596 200) established under The Flinders University of South Australia Act 1966 (SA) and goAct Pty Ltd (ABN 28 142 877 049).

Flinders University and goAct are the operators of:

  • the MINDtick App website (“the Site”);
  • the Android and iOS MINDtick App (“the App”); and
  • the MINDtick App dashboard (“the Dashboard”).

goAct Pty Ltd is responsible for hosting and maintaining the Site, the App and the Dashboard (collectively “the Services”) on behalf of Flinders University.

Flinders University and goAct Pty Ltd may also be referred to as “we”, “our” or “us”.

The Terms of Service govern your use of the Services. To access the Services, you must register as a Participant. Prior to registering you should review our Privacy Policy. Once registered as a Participant, you may download the App and use that app to view and update your information as a patient, or access the Dashboard as a clinician.

By accessing our Services, you agree to these Terms of Service, our Privacy Policy and consent to the information practices disclosed in Part 4 of these Terms of Service. If you do not agree to us using your personal information as set out in the Privacy Policy, please do not register with our Services. You can also deregister from our Services by contacting support@goact.com.au

To the extent permitted by law (including the provisions of the Australian Consumer Law), we offer the Services “AS IS” and without warranties whether express or implied. Please read these Terms of Service carefully before you use or register for the Services in your capacity as an individual user. The Services are an information resource only and is not and should not be used as a substitute for medical advice, diagnosis or treatment.

1. About the Services

Participants self-report their health symptoms into the App, which combines this information with the Participant’s phone location (“the Data”). The Data will only ever be accessed by your treating health professional (clinician) – based on the Clinician Referral Code applied during the registration process. Further to this, the Data may be deidentified and anonymised and shared with Flinders University, Government health organisations (including SA Health), and the South Australian Health and Medical Research Institute (SAHMRI) (collectively “the Health Authorities”). The Health Authorities utilise this information to collate data on symptoms within the community.

The information we provide through our Services is not intended to be, and should not be treated as, providing professional or medical advice.

2. Changes to these Terms of Service

We may change these Terms of Service at any time, as we deem appropriate. If we make changes, we will let you know by noting on the Site and within the Services that these Terms of Service have been updated. If you disagree with the changes to these Terms of Service, you should discontinue your use of the Services and cancel your registration. Your ongoing use of any of the Services or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service and our Privacy Policy regularly.

3. Registration

When you register with our Services as a Participant you are required to provide personal details such as your email address, gender and date of birth. You will be required to create a password in order to access and upload information via the App.

By providing your personal details and registering as a Participant, you agree that you are not impersonating any person or entity and that you consent to us sharing the Data with the Public Health Authorities in accordance with the Privacy Policy.

The Site and the Services are offered only to users 18 years of age or older. If you are under 18 years old, please do not use the Site and/or the Services. Any person who registers with the Services represents to us that they are 18 years of age or older. You warrant and represent that the information you provide via the Services is (and will remain) accurate, true and correct and that you will inform us as soon as possible in the event there is any inaccuracy to your personal information within the Services.

You shall indemnify us in accordance with clause 11 of these Terms of Service for any liabilities, claims, damages, loss and expenses suffered by us arising from your negligence or breach of these Terms of Service.

4. Your Personal Information

The Privacy Policy explains the information practices that apply to the personal information we have about you. You agree to maintain and update such information as appropriate.

As a Participant you consent to the use and transfer of your personal information as set out in the Privacy Policy including for processing and storage by us, in an aggregated and de-identified form for use in research and to researchers who may wish to contact you regarding relevant research approved by a National Health and Medical Research Council (NHMRC) ethics committee. Additionally, you agree that we may use your personal information to authenticate you on the Services.

5. We Do Not Provide Medical Advice

The Site and the Services are designed for information purposes only.

You must not rely on this information as a substitute for, nor does the information replace, professional medical advice, diagnosis or treatment.

If you have any concerns or questions about your health, you should take your own steps to seek out and consult with a suitably qualified health care practitioner.

6. Your Responsibilities

You are responsible for your use of the Services, including use by others to whom you have permitted to access your information on the Services. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen.

You may use the Services for lawful purposes only. You may not use the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorised access to any Services, user accounts or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

7. We Make No Warranties

We provide the Services “as is”, “with all faults” and “as available.” To the extent permitted by law, we make no express or implied warranties, representations or guarantees about the Services or information contained on the Services. However, nothing in this clause or these Terms of Service is intended to limit or exclude any non-excludable rights or consumer guarantees under Australian Consumer Law.

We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by any representative shall create a warranty. You use the Site and the Services at your own risk.

8. Security

We take reasonable steps to secure our Services. However, you acknowledge that there are risks that information which is sent to or from our Services may be modified, intercepted or corrupted by third parties. Furthermore, we accept no liability for any damages to or interference with your computer or device used in connection with our Services. You agree that your use of our Services is solely at your own risk.

9. General Limitation of Liability

You agree that your use of any information on our Services is at your own risk entirely and that our Services may contain inaccuracies or errors.

To the maximum extent permitted by law, your sole and exclusive remedy for any dispute with us or our contributors is re-performance of the Services. We shall not be liable for any indirect, special, incidental or consequential loss (including loss or profit, opportunity or revenue) or exemplary damages arising from your use of or inability to use the Services.

10. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service, or other policies and terms, by you or anyone using your personal information.

We reserve the right to terminate or suspend your registration at any time should we form the view, in our absolute discretion, that our or the Site’s reputation, brand, operations (including the website and users) or business (including our partners and affiliates) may be affected or harmed as a result of your registration on the Site.

We may also terminate or suspend your registration on any other grounds we consider reasonable, in our absolute discretion, including if you have failed to provide any consent or authorisations reasonably requested by us and required by law or good practice in order for us to provide the Services, or if we are notified that you may have engaged in identity theft or fraud or due to inactivity for an extended period, but we will attempt to notify you in advance of such cancellation or suspension.

Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law including for the purposes of making a report to police in relation to identity theft or fraud.

You may terminate your registration at any time. We recommend that you transfer any records or other information prior to terminating your registration.

11. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies and suppliers, from all liabilities, claims, damages, loss and expenses, including attorney’s fees, that arise from your use or misuse of the Services including, but not limited to, your reliance on any information presented within the Services and your posted content, or for your negligence or breach of these Terms of Service. 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.

12. Electronic Contracting and Notices

You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Site and/or the Services (collectively, “Notices”). We can send electronic Notices to the e-mail address that you provided to us during registration. Alternatively, we may post the Notice on the applicable Service or otherwise through the Site. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service.

In order to receive Notices electronically, you must have a personal computer or device (e.g. smartphone) with an internet connection. You can retrieve an electronic copy and a printable version of this agreement by clicking on the “Terms of Service” link within any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

13. Entire Agreement

These Terms of Service 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.

14. Choice of Law and Location for Resolving Disputes

You agree that the law of the State of South Australia, Australia governs these Terms of Service and you submit to the exclusive jurisdiction of the courts of South Australia in respect of any claim or dispute in connection with the Services or these Terms of Service. 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 South Australia.

15. Relationship of the Parties

The parties are independent contractors with respect to each other. These Terms of Service do not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that we have no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

16. General

The failure by us to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

If any provision of this agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the other provisions of this agreement shall remain in full force and effect.

Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this agreement.

The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

17. Intellectual Property

All copyright, trademarks and all other intellectual property rights in the Services and all software and source codes connected with the Services (Intellectual Property) is owned by us. Any use of the Intellectual Property without our express permission is prohibited


You may contact us in the following ways:

Email: info@goact.com.au