Terms & Conditions
The MOST important things we need you to know about Australia’s Biggest Mental Health Check-in:
(full terms and conditions below)
Australia’s Biggest Mental Health Check-in (ABMHC) is funded by Vital Conversations, a psychological services organisation. We are passionate that our conversations about mental health need to be different.
ABMHC is being delivered with thanks to Vital Conversations, Medibio and Concept Marketing.
You will be directed to our Check-In page and enter in the following details;
- Your Name,
- preferred email address,
- mailing address,
- contact phone number,
- Organisation program code.
Organisations who are participating in the program will receive a specific “Check-in” Code, which will cover the cost of participation and must be entered upon registration.
The cost of participation in ABMHC for self-funded individuals is $29, with $6.60 P & H.. Payment is for access to the ABMHC program. This includes access to a device, survey and your personalised report.
Our payment gateway is provided by Stripe. Your information is secure and neither ABMHC, nor any of their partners will be able to access your full credit card information.
Online Check-In Survey: Your personalised, confidential link will be delivered to your preferred email address within 24 hours
Specialised Sleep and Heart Rate Device: You will be sent a link to download the App to your mobile device.
Company Funded Participants: Devices will be delivered to your organisation’s address. You will be notified of the delivery date. Devices remain property of ABMHC, and will be re-used to allow as many people as possible to access the Sleep and Heart Rate Device component of their Check-In.
Self Funded Participants: Your device will be mailed out and despatched to your stated mailing address within 7 working days
Please note: In order to ensure as many as possible get to complete their “Check-In”, please return your device to the nominated place once you have a successful scan. (Your app will let you know if a scan has been successful).
Following is a list of devices which currently support the Sleep and Heart Rate Device App, using iOS version 9.0 or above, OR Android version 5.1 or above.
– HTC Desire
– Google Pixel
– Samsung Galaxy S5
– Sony Xperia
– Google Nexus
– Samsung Note 8
– Samsung Galaxy S8 & S8+
– LG G6
– HTC U11
– One Plus 5
– iPhone (4,5,5s,5c,6,6s,7,8, X)
– iPad (Air, Mini, Pro)
– iPod (touch 4gen onwards)
Self-funded individuals can receive a refund if they are unable to complete the “Check-In” due to product failure/malfunction, we will endeavour to work with every individual to ensure their devices are able to connect to their mobile devices.
ABMHC may communicate with participants via the email provided only to the extent that it directly impacts on their Check-in with updates, tips, strategies and a short post Check-in feedback form to evaluate your experience are examples of this.
Additionally, Vital Conversations may contact participants to offer participation in research studies. You may opt out of communications at any time.
Your contact details will not be provided to any third party, without your consent. You may email firstname.lastname@example.org to be removed for this contact list at any time.
Your Individual Check-In Report will be delivered directly to your preferred email address, and is accessible to you via a token. Others cannot access your report without this information.
ABMHC is committed to protecting participant’s personal data, your personal information will be stored on Vital Conversations and Medibio’s secure servers, and managed in accordance with the Privacy Act (Cth, 2013). No data, in any form, will be passed on to third party providers. All data remains property of and protected by Vital Conversations and Medibio.
De-identified data (data removed of information that could be used to personally identify you) may be published to participating organisations as a dashboard of overarching themes. No individual can be identified by this data.
De-identified data may also be published as part of building awareness about mental health in the community, however again, there will be no way to identify an individual from this information.
Additionally, de-identified data may also be provided to Medibio, which may be used and published for research or as part of regulatory filings and applications. However again, there will be no way to identify an individual from this information.
Please feel free to request further information, or view a sample dashboard and see how the de-identified data is represented.
To withdraw from the Check-In – please email: email@example.com
We will remove your email from our mailing list.
Please note: If you have completed your Check-In and then choose to withdraw and would like to have your information removed from the database, then please request that in your email.
Following is a full Terms and Conditions. If you have any questions, you are welcome to contact firstname.lastname@example.org
Terms and Conditions – Australia’s Biggest Mental Health Check-In.
- “Australia’s Biggest Mental Health Check-In” will be known as “ABMHC”
- The product known as “Check-In” (Check-In) includes:
- Sleep & Heart Rate device (Device) &
- Online Mind Check-In Survey (Survey),
- with an individual profile report delivered to a participant’s email Inbox (Report)
- By Clicking “Check-In” and registering you become a “Participant”
- Medibio will share data collected from devices for the purpose of creating a holistic understanding of mental health in conjunction with the report.
- ABMHC will also provide a de-identified dashboard of data collected on ABMHC to participating Organisations (Dashboard)
- ABMHC may also publish de-identified data for the broader community (Aust Dashboard)
- “De-identified” means raw data will be collated and separated from any identifying fields before publication to any external parties
- “Token” = Unique Identifier – your confidential access to your Survey and Report.
- “Check-In Code” – unique, organisation specific code to recognise company funded participants
2. About Australia’s Biggest Mental Health Check-In (‘ABMHC’)
- Welcome to www.mentalhealthcheckin.com (home of ABMHC). The Website provides you with an opportunity to browse and state your intention to participate, or register to participate (when registrations open). The Website provides this service by way of granting you access to the content on the Website (the “Check-In”).
- ABMHC was developed by Vital Conversations, and borne from a frustration that conversations about mental health need to be much better, and they can be best driven by self-awareness. ABMHC are proud to partner with the Medibio and Concept Marketing to deliver this program.
- The Website is operated by Vital Conversations PTY. LTD. (ABN 26600394189). Access to and use of the Website, or participation in ABMHC, is provided by Vital Conversations. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
- Vital Conversations reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Vital Conversations updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Vital Conversations in the user interface on the registration page.
You may not use the Check-In and may not accept the Terms if:
- you are not of legal age to form a binding contract with Vital Conversations; or
- you are a person barred from receiving the Check-In under the laws of Australia.
4. Registration to use the Check-In
In order to participate in Australia’s Biggest Mental Health Check, you must first register as a participant. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
- an email address
- a mailing address
- a telephone number
- Organisation (Required: if company funded, Optional if Self Funded)
- Unique Identifying Check-In code (connecting you to your company funded program)
You warrant that any information you give to Vital Conversations in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered participant of the ABMHC (“Participant”) and agree to be bound by the Terms. As a Participant you will be granted access to the Check-In – Device, Survey and Report.
Your ‘Invitation’ email after registration contains important information, please keep it safe.
- ABMHC uses the Stripe Payment Gateway for its online credit card transactions. All online credit card transactions performed on this site using the Stripe payment gateway are secured payments.
- Payments are all in Australian dollars and are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by ABMHC or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within Stripe’s bank-grade data centre, further protecting your credit card data.
- Stripe is an authorised third party processor for all the major Australian banks.
- Stripe at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by ABMHC.
- For more information about Stripe and online credit card payments, please visit
6. Delivery Policy
Sleep & Heart Rate Device
Self Funded Participants: After ordering online, you will receive an email confirmation from Stripe containing your order details (you must provide your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via Australia Post within five working days; however if goods are unavailable, delivery will take a little longer.
Company Funded Participants: After ordering online, you will receive an email confirmation from Stripe containing your order details (you must provide your email address). We will normally confirm receipt of your order within a few minutes of ordering. Your device will be delivered to your Organisation’s address, and you will be notified of the week of delivery. (Organisations will have a nominated week of delivery).
If you wish to query a delivery please contact us at email@example.com
Digital Check-In Survey
After ordering online, you will receive an email confirmation from Stripe containing your order details. We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your software/license/access code via email within one working day.
If you wish to query a token please contact us at firstname.lastname@example.org.
Individual Profile Report – released after 24 hours
After completing your online Check-In Survey, your personalised results will be uploaded to your user access portal, accessible using the details contained in your invitation email.
If you wish to query a report please contact us at email@example.com.
7. Purchase of Products and Returns Policy
If you are unable to activate or use your device we will give you a seven day money-back guarantee from the time you receive the goods. Please email us at firstname.lastname@example.org within that time if you are not satisfied with your purchase so that we can resolve any problems.
This refund policy does not apply to Survey, where the unique token has been activated, or goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken.
All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre pay all postage. You assume any risk of lost, theft or damaged goods during transit & therefore advise you take out shipment registration of insurance with your postal carrier. AES will not be responsible for parcels lost or damaged in transit if you choose not to insure.:
8. Your obligations as a Participant
As a Participant, you agree to commit to the following:
You will use the Check-In only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Vital Conversations of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Check-In is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Vital Conversations providing the ABMHC;
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Vital Conversations for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
- Vital Conversations’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
- You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within 6 from the date of purchase (the ‘Warranty Period‘).
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Vital Conversations showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Vital Conversations at 246 Churchill Ave, Subiaco 6008 or by email at email@example.com.
- Where the Warranty Claim is accepted then Vital Conversations will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by Vital Conversations and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
10. Copyright and Intellectual Property
- The Website, ABMHC, the Check-In and all of the related products of Vital Conversations are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Vital Conversations or its contributors.
- Vital Conversations retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Vital Conversations; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Vital Conversations and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- Vital Conversations and it’s partners takes your privacy seriously and any information provided through your use of the Application and/or the Check-In activites are subject to the Privacy Act (Cth 2014).
- By AGREEING to the terms and conditions, using the device and completing the survey with your personal information and submitting, you are giving your CONSENT for Vital Conversations & ABMHC to confidently and securely store your report for a minimum 7 year period.
- Your personal information goes directly to the secure inbox of Vital Conversations, under strict guidelines and cannot be released to any other party, except yourself and those you give explicit, written consent to release to. Or, where Vital Conversations are mandated to release the report by court order.
- De-Identified data (data that cannot identify you directly) collected as part of the ABMHC period may be shown to Organisations or published to build awareness. De-identified data may be shared with Medibio for the purposes of publication or support of a regulatory filing or application. ABMHC will take all necessary steps to ensure that no data released will include detail that will allow any identification of a participant.
12. General Disclaimer
- You acknowledge that Vital Conversations does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Vital Conversations will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Vital Conversations will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Vital Conversations is at your own risk. Everything on Website, the Purchase Services, and the Products of Vital Conversations, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Vital Conversations make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Vital Conversations) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Limitation of Liability
- Vital Conversations’ total liability arising out of or in connection with the Check-In, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Vital Conversations is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Vital Conversations, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Vital Conversations is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Check-In, whether posted or caused by users of the website of Vital Conversations, by third parties or by any of the Purchase Services offered by Vital Conversations.
14. Termination of Contract
The Terms will continue to apply until terminated by either you or by ABMHC/Vital Conversations as set out below.
- If you want to terminate the Terms and withdraw your participation, you may do so by:
- notifying ABMHC at any time on firstname.lastname@example.org;
- ABMHC may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Vital Conversations is required to do so by law;
- the partner with whom Vital Conversations offered the Purchase Services to you has terminated its relationship with Vital Conversations or ceased to offer the Purchase Services to you;
- Vital Conversations is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Vital Conversations is, in the opinion of Vital Conversations, no longer commercially viable.
- Subject to local applicable laws, Vital Conversations reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Vital Conversations’ name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Vital Conversations have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which areexpressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Vital Conversations, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
16. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms
- (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- (b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
- (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- (d) The mediation will be held in Western Australia, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by Vital Conversations is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Please note; if, at any time, you are not sure of the terms and conditions, you are welcome to contact the Australia’s Biggest Mental Health Check-In Team on email@example.com or 08 9382 8274 for further clarification.
On behalf of the team at Vital Conversations and Australia’s Biggest Mental Health Check, we are delighted you are choosing to participate.
Be proactive in managing your own mental health.
It’s time, today, to check-in.
Be part of Australia’s biggest mental health check-in.