Mibo Terms of use (the “terms” or “terms of use”) outline the rules that apply to using the Mibo Mobile application and technology platform. You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MIBOWORK Pty Ltd in the user interface.
ABOUT MIBO
Mibo provides digital well-being assessments, education and digital support tools in the interest of improving workplace well-being. The Mibo technology platform (collectively, the ‘platform’) includes the Mibo mobile application via Android or iOS and the web-based dashboard including but limited to the analytics dashboard and client management portal.
The platform is owned by Mibowork Pty Ltd (“Mibo”). Mibo is referred to in these terms as “we,” “our,” and “us.” If you have questions or comments about these terms, please contact us on info@mibowork.com.au.
AMENDMENT OF TERMS
Mibo reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time, and will post an updated version on this webpage. If you access the Platform and/or Services after a change to these Terms, the updated terms will be deemed to be accepted. Please check back from time to time to ensure you are aware of any updates or changes. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the Platform and Services. Any attempted alteration of these Terms by you is not binding on Mibo.
Mibo may offer new or modified features, functionality or services through the Platform. Such new or modified features, functionality and services, if offered, are offered subject to these Terms.
ACCESS LIMITED TO PERSONAL AND NON-COMMERCIAL USE
End users are provided access to the Platform and/or Services at no cost to the user, pursuant to an arrangement between Mibo and the user’s employer, or insurer (collectively, a “Related Customer”). Should the terms of the arrangement with the Related Customer change, you may no longer be able to access the Platform and/or Services.
As an end user of our Platform and/or Services, you receive a limited, non-exclusive, personal, revocable right and license to download, access, and use the functionality of our Platform and Services. You have no rights in the Platform or Services other than to use them in accordance with these Terms.
You may display and download our Platform and Services onto a single device solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Platform or Services, or any content, products or services obtained through them. You may not access the Platform or Services for the purpose of building a similar or competitive service, website, or app.
You may not remove or alter any notices found on our Platform or Services, distribute, make derivative works of, reverse engineer, decompile, or disassemble the Platform or Services.
NOT FOR CHILDREN
The Platform and Services are not directed towards or offered to any persons under 18 years of age. If Mibo becomes aware a person under 18 years of age is accessing the Platform and/or using the Services without parent or legal guardian consent, it will suspend or deactivate that person’s profile and delete any information pertaining to that person (subject to any legal or record-keeping requirements on the part of Mibo).
PRIVACY
Your privacy is important to us. Please review our Privacy Policy (https://mibowork.com.au/privacy-policy/) which is incorporated into, and made a part of, these Terms of Use.
ACCOUNTS AND SECURITY
In order to access certain features of our Platform and Services, you may be required to create a user account (your “Account”). You are responsible for the security of all credentials associated with your Account, and agree that Mibo is not responsible or liable for any unauthorised use of your Account. If you suspect any unauthorised use of your Account, please notify us immediately.
MIBO SERVICES
Mibo makes available on the Platform a series of videos to be viewed by the user, along with initial digital well-being assessments. Based on the user’s responses to the initial digital well-being assessments, the user will be provided with additional videos and activities to undertake over the course of Mibo use.
A user may receive a mobile notification or email from the mibo platform to check the user’s progress with the online materials. Each user consents to Mibo using their contact details for these purposes.
A user may be sent online questionnaires to assess the effectiveness of the Services and to check on the user’s wellness.
OUR PLATFORM AND SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT.
MIBO’S PLATFORM AND SERVICES ARE NOT DESIGNED FOR CRISIS MANAGEMENT.
If you are in need of medical treatment or emergency care, please seek immediate assistance from a medical or mental health professional.
If you are feeling suicidal or need to talk to someone urgently, please call:
(a) The U.S. Suicide Prevention Hotline (1-800-273-8255) if you are in the United States;
(b) Lifeline Australia (13 11 14) if you are in Australia; or
(c) The relevant suicide hotline in your country if outside the U.S. or Australia.
The Mibo Platform and Services are not appropriate if you are experiencing an emotional or similar crisis, your or another person’s personal safety is at risk, you require urgent medical treatment. If any of these situations apply, or if any doubt exists regarding the selection or appropriateness of the Platform or Services, you must seek immediate medical advice from an appropriately qualified healthcare professional. By using our Platform or Services, you acknowledge and agree that:
MIBO ARE NOT YOUR HEALTHCARE PROVIDER, AND DO NOT PROVIDE MEDICAL OR EMERGENCY SERVICES. MIBO IS NOT LICENSED AS A HEALTHCARE PROVIDER, AND MIBO DOES NOT ENGAGE IN ANY EXAMINATION, DIAGNOSIS, OR TREATMENT OF MEDICAL CONDITIONS OF ANY KIND (INCLUDING PSYCHIATRIC OR MENTAL HEALTH CONDITIONS);
- Information provided through the Platform and Services is for informational purposes only, and is not intended to replace any relationship you may have with a healthcare provider;
- You will consult your healthcare provider if you have any questions about any medical condition you may be experiencing; and
- You will not disregard any advice or recommendation you may have received from your healthcare provider, delay seeking advice from a healthcare provider, or modify any treatment they may have recommended because of information you may have received via the Platform or Services.
INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in the Platform and Services, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organisation of the Platform and Services, and the compilation of the content, code, data and materials on the Platform and Services, including all intellectual property and proprietary rights, are the sole property of Mibo or parties that have licensed such content to us. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content of our Platform or Services, in whole or in part.
All words and symbols designated by ® or ™ and used on or in connection with our Platform, Services, or marketing materials (collectively, the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Mibo or other owners that have licensed such Marks to us. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content we publish.
No copying, distribution, transmission, publication, modification, posting, linking, deep linking, or commercial exploitation of the Platform, Services, or any material downloaded from them are permitted without our express written permission. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
LINKS
Links provided to other websites are provided for convenience only. Mibo does not endorse or have control over the content of websites or apps other than our own. Please review the privacy policies and terms of use for each website or app you visit before downloading, using, or submitting your information.
AVAILABILITY OF THE PLATFORM AND SERVICES
While we use commercially reasonable efforts to keep our Platform and Services accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine or emergency maintenance.
ACCURACY OF INFORMATION
Although we strive for accuracy in all elements of our Platform and Services, there may be errors, inaccuracies or omissions. Mibo is not responsible for your interpretation or reliance on any information or content found on the Platform or Services, and makes no representations about the accuracy, reliability, completeness, or timeliness of the Platform or Services. Mibo is not responsible for the conduct, whether online or offline, of any person using the Platform or Services.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or content on the Platform and Services at any time without prior notice.
TERMINATION AND RESTICTIONS ON USE
We reserve the right to suspend and/or terminate your Account and your access to our Platform and Services at any time, for any reason, without prior notice, as determined in our sole discretion. Reasons for termination or suspension include, but are not limited to, the following:
(a) Breach of these Terms;
(b) Use the Platform or Services for non-personal or commercial purposes;
(c) The Related Customer agreement under which you are given access to the Platform and/or Services is suspended, terminated, or expires;
(d) Aggressive, hostile or inappropriate behavior towards an Uprise Coach;
(e) Your employment or insurance by a Related Customer is terminated or otherwise ceases;
(f) Infringing of any patent, trademark, trade secret, copyright or other intellectual property or proprietary right;
(g) Copying, reproducing, storing, transmitting, publishing, modifying, creating a derivative work from, reverse engineering, reverse assembling, or otherwise creating derivative works from any part of the Platform or Services;
(h) Causing the Platform or Services, in part or in whole, to be framed or embedded in another website or app;
(i) Use of the Platform or Services in any manner that violates another person’s privacy rights, or is libelous or defamatory toward any individual;
(j) Posting or transmitting via the Platform or Services any unauthorised material, including, but not limited to material that is, in Mibo’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, or otherwise, or which is detrimental to or in violation of Mibo’s systems or network security;
(k) Damaging or attempting to damage our Platform or Services in any way, including through viruses, corrupted data or other harmful, disruptive, or destructive files;
(l) Use of any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the Platform or Services; or
(m) Mibo reasonably believes that your use of the Platform or the Services is in bad faith or violates applicable law.
EFFECT OF TERMINATION BY US
Upon termination by Mibo:
(a) You will not be able to access the Platform or use the Services;
(b) Your Account and profile will be deactivated from the Platform and Services;
(c) You will be barred from re-enrolling or accessing the Platform and Services under a new Account unless formally invited by us;
(d) Any stored data associated with you or your Account will be dealt with in accordance with our Privacy Policy and applicable laws.
In addition to termination of your Account and/or access to our Platform and Services, we reserve the right to hold you liable for any and all damages we may suffer, to pursue legal action through relevant local, national and international law enforcement authorities, and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of our Platform or Services. Upon termination, any provision in these Terms that by its nature or express terms should survive will survive such termination.
ADDITIONAL TERMS OF iOS APPS
In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of our mobile apps compatible with Apple Inc.’s iOS operating system.
a. You and Mibo acknowledge that these Terms of Use are between you and Mibo only, and not with Apple. Mibo, not Apple, is solely responsible for its websites and apps, and the content therein.
b. The license you have been granted in these Terms of Use is limited to a non-transferable license to use Mibo’s apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile apps, such as your wireless data service agreement.
c. You and Mibo acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile apps.
d. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any of our mobile apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our mobile apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Mibo’s sole responsibility.
e. You and Mibo acknowledge that Mibo, not Apple, is responsible for addressing any of your claims or any third party claims relating to our mobile apps or your possession and/or use of our mobile apps, including, but not limited to: (i) product liability claims; (ii) any claim that our mobile apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
f. You and Mibo acknowledge that, in the event of any third-party claim that one of our mobile apps infringes that third party’s intellectual property rights, Mibo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Any questions, complaints or claims with respect to our mobile apps should be directed to us, using the contact information found above.
i. You and Mibo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
DISCLAIMER OF WARRENTIES
The Platform and Services are provided “as-is” and “as-available.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE PLATFORM, SERVICES, AND ANY CONTENT OFFERED THROUGH THEM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AS TO:
(A) The results that may be obtained from use of the Platform or Services;
(B) The availability, deletion of, or failure to transmit, any content or communication;
(C) The accuracy, reliability, or completeness of any content or information offered through the Platform or Services; and
(D) That files available for download from the Platform or Services will be free from infection, viruses, worms, trojan horses, or other code that may have contaminating or destructive properties.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MIBO, NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE PLATFORM OR SERVICES, PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PLATFORM OR SERVICES, USE OF OR INABILITY TO USE ANY OF THE BENEFITS ASSOCIATED WITH THE PLATFORM OR SERVICES, OR YOUR OR OUR OBLIGATIONS UNDER THE PLATFORM OR SERVICES, THESE TERMS, OR OUR PRIVACY POLICY, EVEN IF MIBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted under applicable law, any liability of Mibo which is not wholly excluded based on the above limitation of liability shall instead be limited, in the aggregate for all claims arising under or related to the Platform or Services, to an amount that is the greater of two hundred and fifty dollars (USD $250.00) or the amount that you have paid us in the last year for access to the Platform or Services.
You acknowledge that we would not provide the Platform or Services, or the benefits associated with them, if not for the foregoing limitations, and that these limitations of liability are essential elements of the Terms. These limitations of liability reflect the allocation of risk between the parties. The limitations specified in this section of the Terms shall survive and apply even if any other provision in the Terms is found to have failed of its essential purpose.
Because some jurisdictions do not allow a limitation or exclusion of liability in all circumstances, in those jurisdictions and circumstances, our liability shall be limited to the extent permitted by law. Regarding users located in Australia, Mibo does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act (Cth) which cannot be excluded, restricted or modified. However, Mibo does exclude all other rights, remedies, conditions, warranties, and liability in respect of goods and services (including the Platform and the Services) which may be excluded under law, custom or statute.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mibo, its parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your participation in or use of the Platform or Services, your breach or alleged breach of these Terms and Conditions, or your breach or alleged breach of the copyright, patent, trademark, proprietary, or other rights of Mibo or third parties.
DISPUTE RESOLUTION TERMS FOR USERS IN THE UNITED STATES
We are here to assist you with any issues you may encounter with Mibo, our Platform, or Services. Please do not hesitate to contact us info@mibowork.com.au. The following terms apply to disputes between us and users located in the United States, which we are unable to resolve informally. Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have your claim heard by a jury.
AGREEMENT TO MEDIATION AND ARBITRATION
Any and all disputes, claims, and causes of action between you and Mibo, including those arising out of or connected with the Platform or Services, any benefits associated with the Platform or Services, these Terms and Conditions, or our Privacy Policy that cannot be settled through informal discussions shall be first submitted to mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration. Any dispute, claim, or cause of action that is not resolved by mediation shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules, and we will reimburse those fees if your claims at issue seek less than $10,000. Likewise, we will not seek attorneys’ fees and costs in arbitration. Judgment on any award rendered by the arbitrator may be entered in any state or federal court of competent jurisdiction.
EXCLUSIONS FROM ARBITRATION
Notwithstanding the above, you or Mibo may choose to pursue a dispute in court and not by arbitration if the dispute qualifies for resolution in small claims court. Mibo may also seek injunctive relief, damages, or other appropriate relief in state or federal court if the dispute involves an infringement or threatened infringement of our intellectual property rights. Any such dispute brought by you or Mibo in court shall be filed in the state or federal courts located in Orange County, California, and you consent and agree to the personal jurisdiction and venue of these courts.
CLASS ACTION WAIVER
You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Platform or Services, these Terms and Conditions, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.
TIME LIMITATION
You agree to bring any and all claims against Mibo within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
APPLICABLE LAW AND JURISDICTION
If you are a resident of the United States, these Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to choice-of-law rules and without regard to conflicts-of-laws principles.
If you are a resident of Australia, these Terms shall be governed by and construed in accordance with the laws applicable in Queensland, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
WAIVER
No delay or failure by Mibo to exercise or enforce any of its rights under these Terms will constitute a waiver of those rights. Neither the receipt of any funds by Mibo, nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorised representative of Mibo shall have any legal effect.
ASSIGNMENT
Mibo may assign or transfer its rights and obligations in the Platform or Services, or under these Terms to any company or person at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without our specific, prior, written consent.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Mibo regarding your use of the Platform and the Services, superseding any prior agreements between you and Mibo relating to your use of the Platform and Services.
Last Updated: May 2021