Terms of Service.

For End Users

Effective: 20 January 2020.

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 000 IMMEDIATELY OR GO TO YOUR NEAREST HOSPITAL DEPARTMENT.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. WE DISPLAY BELOW NATIONAL AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES WHICH WE IMPLORE ALL USERS OF THIS SITE & OUR SERVICE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.

Beyond Blue: 1300 22 46 36

https://www.beyondblue.org.au

Talk to a trained mental health professional any time of the day or night. Calls are confidential. They will listen, provide information and advice and point you in the right direction to seek further support.

Lifeline: 131 114

https://www.lifeline.org.au

24-hour crisis support telephone service. Lifeline provides 24/7 crisis support and suicide prevention services.

Suicide Call Back Service: 1300 659 467

https://www.suicidecallbackservice.org.au

National service that provides free 24/7 phone, video and online professional counselling to people who are affected by suicide.

NSW Mental Health Line: 1800 011 511

https://www.health.nsw.gov.au/mentalhealth/Pages/Mental-Health-Line.aspx

A mental health professional will answer your call about mental health concerns for you or someone you are concerned about, including children, teens, adults and older people.


1‍. Definitions

These Terms of Service (the “Terms”) governs the access and use of the services offered by Hollis Australia Pty Ltd (doing business as “Hollis”), via the Hollis website (the “Website”), and via the Hollis Slack app (the “App”) (all hereinafter collectively, “Hollis” and the "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content").

By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “User”, “Users”, “You", "Your,” and “Yourself” refer to the individual user of the Service.

2. Users Age and Location

You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to receiving support, coaching and counselling (including therapy) or have your Parent/Guardian consent to such, and (ii) physically located in or are a resident of Australia. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Provider, when relevant, to act as an information source to be used in the case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.

3. Slack accounts

To access the Service, you must be given access by a Slack workspace administrator (the “Customer”) to the Hollis Slack App through your Slack user account (“Account”). You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Hollis will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

4. Content

Other than the guidance and advice you receive directly to you from your licensed Provider, other educational, graphics, research sources and other incidental information on the Site, that is the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Hollis does not endorse any specific tests, medications, products or procedures.

5. Providers

Hollis does not directly employ the Providers accessed through the Service. Hollis has created a digital network of trained and accredited Providers (the “Network”). The Network is only made of independent, licensed, insured and vetted professional Providers.

In order to receive approval to practice using the Hollis Network, the applying Provider must be found to be in compliance with the policies and procedures of Hollis, the Australian Health Practitioner Regulation Agency, and country and state guidelines. This verification process includes, but is not limited to:

  • Verification of licensure.
  • Verification of proper education and degree.
  • Verification of any applicable specialised training.
  • Verification of a minimum of three years of work history.
  • Verification of indemnity and public liability insurance.

Your relationship with a Provider is strictly with the Provider. Hollis is not involved in the Provider-client relationship and does not interfere, validate or control the Provider’s support & treatment unless advocating on your behalf when following up on a particular complaint.

Hollis employs advanced data science to conduct constant Network quality assurance checks to study such critical issues as Provider availability, response times, and the number and duration of interactions. All that stated, you are always advised to exercise a high level of care and caution in the use of Providers from the Network as you would be making any mental health or medical decisions.

6. Self-funded Provider Minutes

Some organisations allocate an individual budget, that employees can decide to use for their personal benefit in fields such as learning and development or wellbeing (the “Budget”). A Customer can enable its Users to utilise all or part of their Budget towards a specific amount of time with a Provider from the Network (the “Self-funded Provider Minutes”).

When a User decides to do so, Hollis will collect a digital request confirmation from the User through its service. Once the request is approved by the Customer, the Self-funded Provider Minutes become available to the User.

7. Bookings, cancellation, rescheduling and no-shows

A User can book an appointment with a specific Provider (the “Appointment”), using the pool of Self-funded Provider Minutes available to them. Hollis will do its best to confirm the Appointment and notify the User ahead of the Appointment’s time.

The User can notify Hollis about its intention to cancel the Appointment by using Hollis’ cancellation feature, if made available by the Service, or by sending an email with the name of the Provider and the time of the appointment to team@hollis.io (the “Cancellation Notification”). The Appointment is then considered to be “Cancelled”.

If the Cancellation Notification is sent seven calendar days or more before the time of the Appointment, then no time will be deducted from the pool of Self-Funded Provider Minutes available to the User.

If the Cancellation Notification is sent less than seven calendar days before the time of the Appointment, then the Provider’s time becomes available to Hollis’ Users. If all or part of the time initially booked by the User for this Provider end up not being used by the starting time of the Appointment (the “Unused Minutes”), then the Unused Minutes will be deducted from the pool of Self-Funded Provider Minutes available to the User.

When rescheduling is available as an option through the Service, and if the User reschedules an Appointment, then the initial Appointment is considered as Cancelled and similar rules apply.

When an Appointment has not been Cancelled, and when the User only attends part of the Appointment or does not attend the Appointment at all, then the entirety of the time initially booked is deducted from the pool of Self-Funded Provider Minutes available to the User.

8. Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libellous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Hollis nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

9. Intellectual property

All of the content available on or through the Service is the property of Hollis or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party, without prior written consent from Hollis. Any copy made of information obtained through the Service must include all applicable copyright notices.

Subject to the terms of this Agreement, Hollis hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

10. Protecting your Data

The protection of your Data is a top priority for Hollis. Hollis will maintain administrative, physical, and technical safeguards. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of your Data by Hollis’ personnel. The Customer (not Hollis) bears sole responsibility for adequate security, protection and backup of your Data when in the Customer’s or its representatives’ or agents’ possession or control.

11. Notifications and nudges

As part of using the Service, you may receive notifications and nudges through direct messages in Slack.

You may choose to stop receiving notifications and nudges at any time by typing OPT-OUT in your direct conversation with the Hollis App. Please allow up to 5 working days for us to deactivate notifications and nudges.

12. Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLLIS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, HOLLIS DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. HOLLIS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

13. Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL HOLLIS, ANY HOLLIS LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL HOLLIS, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF HOLLIS OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Termination

Hollis may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Hollis has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Hollis reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

15. General provisions

The Agreement and any disputes arising out of or related hereto shall be governed by the laws of New South Wales, Australia.

For Customers

Effective: 20 January 2020.

1‍. Definitions

These Terms of Service (the “Terms”) govern the access and use of the services offered by Hollis for Humanity Pty Ltd, ABN 66 636 285 491 (doing business as “Hollis”), via the Hollis website (the “Website”), and via the Hollis Slack app (the “App”) (all hereinafter collectively, “Hollis” and the "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content").

2. Contract

The Terms and any Order Form(s) (defined below) together form a binding “Contract” between the Customer (defined below) and Hollis. By installing the App, by using the Service, or by authorising individuals to access the Service (the “User(s)”), you acknowledge your understanding of the Contract and agree to the Contract on behalf of the Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of the Customer before proceeding.

The “Customer” is the organization that you represent in agreeing to the Contract. If the App is being set up by someone who is not formally affiliated with an organization, the Customer is the individual installing the App.

3. Users Age and Location

Users must be (i) over the age of eighteen (18) and (ii) physically located or be residents of Australia. The Customer acknowledges that the ability for the Users to access the Service is conditioned upon the truthfulness of the information provided regarding their age and residence and that the Providers they access (“Provider(s)”) are relying upon this certification in order to interact with them and provide the Services.

4. Slack accounts

To access the Service, Users must have access to a Customer’s Slack user account (“Account”). Hollis will not be liable for any loss that Users incur as a result of someone else accessing and using their Account, either with or without their knowledge. Users are solely responsible for the information or material they post on the Service.

5. App updates

The Customer agrees that, from time to time, the App may require to be upgraded. The availability of the Service or features within the Service may change possibly without prior notice to the Customer. The use of the Service and reliance upon any of its content is at the Customer’s and the Users’ sole risk.

6. Content

Other than the guidance and advice the Users receive directly from licensed Providers, the other educational, graphics, research sources and other incidental information on the Service, the Content, should not be considered medical advice. Users should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for them. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for the User.

7. Providers

Hollis does not directly employ the Providers accessed through the Service. Hollis created a network of digitally trained and accredited Providers (the “Network”). The Network is only made of independent, licensed, insured and vetted professional Providers.

In order to receive approval to practice using the Hollis Network, the applying Provider must be found to be in compliance with the policies and procedures of Hollis, the Australian Health Practitioner Regulation Agency, and country and state guidelines. This verification process includes, but is not limited to:

  • Verification of licensure.
  • Verification of proper education and degree.
  • Verification of any applicable specialised training.
  • Verification of a minimum of three years of work history.
  • Verification of indemnity and public liability insurance.

Users’ relationship with a Provider strictly is with the Provider. Hollis is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of the User when following up on a particular complaint.

Hollis employs advanced data science to conduct constant Network quality assurance checks to study such critical issues as Provider availability, response times, and the number and duration of therapeutic interactions. All that stated, the User is always advised to exercise a high level of care and caution in the use of Providers from the Network as they would making any mental health or medical decision.

8. Order Form

A subscription allows a User to access the Service. A subscription is required for each User. Provider minutes allow Users to engage with Providers from the Network. Subscriptions and Provider Minutes may be procured through the Services interface, or via an order form entered into between the Customer and Hollis (each, the “Order Form”).

9. Payment

The Customer agrees to pay a Monthly Subscription Fee (the “Subscription Fee(s)”) for each User as specified in the Order Form. The Customer can modify the list of Users (the “Listed User(s)”) that receive access to the Service at any time. The Subscription Fee is charged or invoiced in advance on monthly intervals, renews automatically unless User access is removed by the Customer, and is due regardless of whether a Listed User engages with the Service.

The Customer agrees to purchase in advance a capped number of “Provider Minutes” at the Provider Fee per Minute rate specified in the Order Form. Provider Minutes automatically renew on monthly intervals. Unless specified otherwise in the Order Form, there is no required minimum to the number of Provider Minutes the Company purchases on monthly intervals. Hollis agrees not to exceed the number of purchased Provider Minutes, and to notify the Customer when this number is reached. The Customer can increase Provider Minutes at any time, and reduce it ahead of the next payment interval. Unused minutes will roll over to the next payment interval.

Part of the payment for the Provider Minutes is remitted to the Provider for the direct clinical services provided to the Users. Hollis does not hold itself out as a direct provider of therapy services as that is the role of the Provider.

The Customer agrees to pay all fees associated with its Users on a timely basis. Such fees may be charged to the credit card provided by the Customer.

10. Self-funded Provider Minutes

Some organisations allocate an individual budget, that employees can decide to use for their personal benefit in fields such as learning and development or wellbeing (the “Budget”). A Customer can enable its Users to utilise all or part of their Budget towards a specific number of additional Provider Minutes (the “Self-funded Provider Minutes”).

When a User decides to do so, Hollis will collect a digital request confirmation from the User through its service. Hollis then submits a request to the Customer account manager (the “Manager”) for an amount (the “Self-Funded Amount”) equal to the number of Self-funded Provider Minutes multiplied by the Provider Fee per Minute rate specified in the Order Form. Once the Manager has digitally approved the use of the User’s Budget toward the Self-Funded Amount, the Self-Funded Amount is invoiced and charged to the Customer. The Self-Funded Provider Minutes become available to the User once the invoice is confirmed or the Self-Funded Amount is successfully charged.

11. Bookings, cancellation, rescheduling and no-shows

A User can book an appointment with a specific Provider (the “Appointment”), using the Provider Minutes available to them, either from the pool of Provider Minutes purchased by the Customer or from the User’s own pool of Self-funded Provider Minutes. Hollis will do its best to confirm the Appointment and notify the User ahead of the Appointment’s time.

The User can notify Hollis about its intention to cancel the Appointment by using Hollis’ cancellation feature, if made available by the Service, or by sending an email with the name of the Provider and the time of the appointment to team@hollis.io (the “Cancellation Notification”). The Appointment is then considered to be “Cancelled”.

If the Cancellation Notification is sent seven calendar days or more before the time of the Appointment, then no Provider Minutes will be deducted from the pool of Provider Minutes available to the User.

If the Cancellation Notification is sent less than seven calendar days before the time of the Appointment, then the Provider’s time becomes available to Hollis’ Users. If all or part of the Provider Minutes initially booked by the User for this Provider end up not being used by the starting time of the Appointment (the “Unused Minutes”), then the Unused Minutes will be deducted from the pool of Provider Minutes that the User has used to book the initial Appointment.

When rescheduling is available as an option through the Service, and if the User reschedules an Appointment, then the initial Appointment is considered as Cancelled and similar rules apply.

When an Appointment has not been Cancelled, and when the User only attends part of the Appointment or does not attend the Appointment at all, then the entirety of the Provider Minutes initially booked are deducted from the pool of Provider Minutes that the User has used to book the initial Appointment.

12. Intellectual property

All of the content available on or through the Service is the property of Hollis or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. The Customer agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party, without prior written consent from Hollis.

13. Protecting User Data

The protection of User Data is a top priority for Hollis. Hollis will maintain administrative, physical, and technical safeguards. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of User Data by Hollis’ personnel. The Customer (not Hollis) bears sole responsibility for adequate security, protection and backup of User Data when in the Customer’s or its representatives’ or agents’ possession or control.

14. Termination

The Customer may terminate the Contract at any time by emailing team@hollis.io. Hollis may terminate the Contract with fifteen (15) days prior written notice.

15. Refunds

Upon any termination, Hollis will refund the Customer any pre-purchased Provider Minutes that haven’t been utilised by Users, and any prepaid Subscription Fees covering the remainder of the term of all subscriptions after the effective date of termination. In no event will any termination relieve the Customer of the obligation to pay any fees payable for the period prior to the effective date of termination.

16. General provisions

The Contract and any disputes arising out of or related hereto shall be governed by the laws of New South Wales, Australia.