Welcome to Psych Insights, your dedicated ally in navigating life's complex intricacies. Here, we believe that your path to well-being should be as unique and individual as you are. Our mission is to stand beside you, offering an unparalleled blend of tailored resources, ensuring that you are never navigating life's intricate challenges alone. Embark on a transformative journey with us, a journey that harmoniously combines the profound insights from industry experts with a deep understanding of your personal needs. At Psych Insights, we commit ourselves to fostering a nurturing environment that prioritizes your mental well-being and holistic self-improvement. From the moment you join our community, you will experience a curated pathway designed exclusively for you, illuminating your road to a more balanced, brighter tomorrow.

By accessing or using any of the web services, mobile app or any other official electronic media adopted Psych Insights in dispensing its services, you agree to comply with and be bound by these Terms and Conditions of Use ("Terms & Conditions"). Please read these Terms of Use carefully as well as Psych Insights’ Privacy Policy which is incorporated as a separate link on this platform. If you do not agree to these Terms and Conditions, you may not access or use the Psych Insights’ platforms.

These Terms of Use (Online Services) also apply to:

a. the use of the Online Services via the web and mobile app;

b. access to the Online Services from third party websites via links to podcasts and books; or

c. the content or material contained in or made available through use of the Online

Services, accessed via links from the Online Services or that we provide to you via the website or mobile app, including health information, publications, fact sheets, news and alerts (Information).

In these Terms of Use:

• use of the terms ‘Psych Insights’, ‘we’, ‘us’ and ‘our’ refers to Psych Insights ABN number; 57966507239

• the terms ‘you’ and ‘your’ refer to the user or viewer of the Online Services and/or the Information.

The contents made available via the online services are jointly provided by the company and third-party content providers. Where the contents are provided by third-party providers, links will be shared to the actual post to give credit where due.

All content hosted on our website, including but not limited to text, graphics, logos, and multimedia assets, are the exclusive property of ours or our licensed partners, shielded by international copyright laws and treaties. We retain all respective rights pertaining to these intellectual properties.

You are permitted to print a single copy or download excerpts from our site for personal reference. Additionally, you are allowed to highlight materials found on our site to others within your organization. However, it is imperative to note that any alterations to the digital or printed copies of the materials are strictly prohibited. Furthermore, usage of illustrations, photographs, videos, audio sequences, or graphics independently of the accompanying text is not allowed.

It is mandatory to acknowledge our status, and that of any recognizable contributors, as the original creators of the content found on our website, at all times. Commercial utilization of any materials present on our website is forbidden unless explicit permission in the form of a license is obtained from us or our licensors.

Failure to adhere to these terms will result in an immediate revocation of your rights to access our site. In such cases, you are required to either return or destroy any copies of the materials you have created, based on our discretion.

In order to gain access to the use of the Psych Insights platform via web or mobile app, you are required to register and provide necessary details which will be unique to your account. The details required are your first and last name, personal and accessible email and a secure password. You are encouraged to keep the details safe and not share with a third party in order to protect the integrity of your account.

By registering on the platforms, you agree to receiving both broadcasts and personalized emails from the company which will be sent to your registered email.

Once your registration is complete, you will be asked to respond to a series of fourteen onboarding questions. These questions are designed to help us gauge your current mental wellbeing and identify your specific needs. Your honest and considered responses will guide us in understanding your precise mental state, enabling us to offer support tailored to your situation.

The daily pop-up questions will be made available to every user of Psych Insights platforms. The daily pop-up questions will allow us to understand your mood, stress, energy levels and sleep patterns over the last day, which will be aggregated to determine the best contents to be made available. The daily pop-up questions are open to every user regardless of your subscription plan.

The DASS-21 questionnaire is a valid psychological screening tool to assess stress, depression and anxiety levels, will be made available to our premium users. Premium users will be able to complete this questionnaire on a weekly basis to capture fluctuations in their psychological profile over time, and thus personalised resources can be adjusted accordingly. These results will assist in curating the contents that will be shared with you via the web or mobile app.

As a basic user, you will be provided with access to the K10 questionnaire, which is an established psychological assessment tool, in addition to 4 additional questions to capture aspects of your lifestyle. These results will assist in curating your personalized resources.

Once your registration is complete, you will be provided with a 7-day trial of the Premium Version of Psych Insights. After this period, you will be able to subscribe in order to continue to enjoy the full package offered by the company.

Your options as a user following the trial period are the following:

1. Subscribe to our premium package with access to the full range of resources updated weekly

2. Stick to the basic (free) version, which consists of a limited range of resources which are updated fortnightly

The pricing for the premium plan is pegged at $9.99 per month and $103.99 per year. We offer these subscription options from which choices could be made; including billing that can occur monthly, or annual. Any type of subscription you choose will continue and automatically renew until you cancel the membership. By choosing a recurring Membership Service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation.

You can cancel the subscription to the service at any time for any reason. Your membership must be canceled before it renews in order to avoid the next billing cycle.

For the further avoidance of any doubt, unless otherwise advised by PscyhInsight’s team, any content (podcasts, books, links, and other materials) accrued but unused within a billing cycle will not roll over or be eligible for use after that billing cycle concludes. For example, if you commence your membership on May 1, only use few sessions or resources for that monthly billing cycle, the remaining sessions or resources do not rollover into June such that you will have more sessions and contents available in June. All sessions expire within the applicable billing cycle.

We reserve the right to change our subscription or adjust prices of our services. Any changes to your membership services will only take effect following proper notice to you.

Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.

Links to the Site

Links to our Site are prohibited unless you obtain our prior written consent. If you arrive at the Site from a third-party link or as a result of any of the prohibited solicitations described in this paragraph below, please note that such link to or solicitation for the Site does not imply a relationship with, or endorsement of, the third-party website or its content, purpose, policies or practices. You will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending emails.

Membership

As a subscriber of Psych Insights, you will receive access to specific sections, features and functions of the website that are not available to non-members. By agreeing to become a member, you opt in to receiving occasional special offers, marketing and journey-based communication emails. If you do not wish to receive these emails, you can unsubscribe following the instruction in the email. Membership to Psych Insights is non-transferable and therefore cannot be sold, exchanged or transferred in any way.

Arbitration

This Section of this Agreement Shall be Referred to as the "Arbitration Agreement."

1. By accepting the terms of this Arbitration Agreement, you and the Company (collectively, "Parties") agree that any dispute, claim, or controversy (except those

specifically exempted below) arising out of or relating to

• this Agreement and subsequent versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and
• the use of the Platform or Therapist Services (collectively, "Disputes") will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting the terms of this Arbitration Agreement, you and the Company mutually agree to waive their respective rights to trial by jury. The Parties recognize that the Agreement involves transactions spanning across state boundaries and agree that all matters pertaining to arbitration or the enforce-ability of this Arbitration Agreement shall be governed by the Commercial Arbitration Act applicable in the relevant Australian jurisdiction. The arbitration shall be facilitated by the Australian Centre for International Commercial Arbitration ("ACICA") under its Commercial Arbitration Rules ("ACICA Arbitration Rules"), which are accessible online at www.acica.org.au or by utilizing a service such as Google to search for "ACICA Commercial Arbitration Rules". Nevertheless, in the event of a discrepancy between the ACICA Arbitration Rules and this Arbitration Agreement, the stipulations outlined in this Arbitration Agreement shall prevail. The following terms and procedures shall apply:
• The arbitration shall be heard by one arbitrator selected in accordance with the ACICA Arbitration Rules. The arbitrator shall be a member of the bar of the state in which the arbitration will be conducted or a retired judge from any jurisdiction and, in either case, shall have experience in the law underlying the dispute.
• Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforce-ability or formation of this Arbitration Agreement, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement or Agreement is void or voidable.
• If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Canberra, Australia.
• Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether the Company is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator.
• The arbitrator shall issue orders (including subpoenas to third parties for pre-hearing discovery) allowing the parties to conduct discovery sufficient to allow each party to prepare its claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
• Except as provided in the Class Action Waiver (as defined below), the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
• Either party shall be permitted to file a motion to dismiss and/or motion for summary judgment, and the arbitrator will apply the standards of the Uniform Civil Procedure Rules 2005 governing such motions.
• The arbitrator's decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator's decision or award in any court of competent jurisdiction.
• A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Agreement. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law.

All determinations of final relief, however, will be decided in arbitration. If for any reason the ACICA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration.

2. Class, Collective, and Other Representative Action Waivers ("Class Action Waiver"). You and the Company mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the ACICA Arbitration Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

• In any case in which: the dispute is filed as a class, collective, or other representative action; and there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
  
  3. Mass Arbitration. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a "Mass Arbitration" and the following terms and procedures shall apply:
  
  
  • The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.
  • Claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider.
  • The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
  • A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.
  The Parties agree that arbitration demands are of a "similar nature" if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section.
  
  Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in Canberra, Australia.
  
  4. Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims:
  
  
  • individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis;
  • individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or
  • injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. Disputes between the parties that may not be subject to a pre-dispute arbitration agreement, as provided by the Australian Securities and Investments Commission Act of 2001, or any other relevant provisions established under Australian law, are excluded from the coverage of this Arbitration Agreement. This exclusion is also applicable to any restrictions placed by an Act of the Australian Parliament.
  
  5. Optional Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties.
  
  The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must:
  
  
  • include the full name and contact information of the complaining party;
  • describe the nature and basis of the dispute, claim, or controversy; and
  • set forth the specific relief sought.
  The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: the company address as contained in the contact us section of this web platform. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
  
  6. Application to Third Parties. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Platform or Therapist Services. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
  
  7. Right to Opt Out of Arbitration. You may opt out from this Arbitration Agreement within 30 days after you first access or use the Platform by sending written notice of your decision to opt-out to support@psychinsightsapp.com, using the subject line "Arbitration Opt-Out." Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor ACICA Arbitration Rules will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, you and ACICA shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
  
  8. Survival. This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.
  
  Your Account, Representations, Conduct and Commitments You hereby confirm that you are legally able to consent to receive Mental Health Services through digital contents as provided by Psych Insights, or have the consent of a parent or guardian, and are legally able to enter into a contract.
  
  Minor Consent
  
  Where consent from a parent or guardian is required to receive the Services offered by Psych Insights, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to the Services remains valid until membership is canceled.
  
  You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
  
  You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You agree and commit not to use the account or Account Access of any other person for any reason. You agree and confirm that your use of the Platform, including the Services, are for your own personal use only and that you are not using the Platform or the Services for or behalf of any other person or organization.
  
  You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
  
  You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following:
  
  a) unsolicited email and/or advertisement or promotion of goods and services;
  
  b) malicious software or code;
  
  c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
  
  d) any content that infringes a third party right including intellectual property rights;
  
  e) any content that may cause damage to a third party;
  
  f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
  
  You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with us.
  
  If you receive any file, link, media or content from us, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file. You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
  
  a) your access to or use of the Platform;
  
  b) any actions made with your account or Account Access whether by you or by someone else;
  
  c) your violation of any of the provisions of this Agreement;
  
  d) non-payment for any of the services which were provided through the Platform;
  
  e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.