terms and conditions
Welcome to the Fresh Minds website. This site is owned by ProCare Fresh Minds Limited (Fresh Minds), a subsidiary of ProCare Health Limited (ProCare). We are a provider of mind, mood and wellness support services. The purpose of the website is to provide you with information about: our services and clinics, our people and their expertise, resources about common conditions, how to book and pay for services, general information about other linked services.
your use of this website
You agree not to use this website: for fraudulent purposes or in connection with carrying out any unlawful activity, to send, use or re-use any material that is illegal, offensive, harmful, defamatory, invasive of privacy, in breach of confidence, or is otherwise injurious to third parties. to cause annoyance, inconvenience or needless anxiety, to impersonate any third party or otherwise mislead as to the origin of your content, to reproduce, duplicate copy or re-use any material contained within the website in contravention with these terms of use or any other agreement with Fresh Minds or ProCare. Interfere with the operation of this website via the use of viruses, programs or technology designed to disrupt or damage software or hardware, including damaging, disabling, overburdening or impairing this website or interfering with any other party’s use and enjoyment of this website.
information
You agree that your use of and reliance on information on this website is entirely at your own risk. You acknowledge that while we endeavor to ensure that the information we have provided on this website is accurate, we do not make any representation or warranty that the information we have provided is accurate or up to date.
personal health information
If you are accessing our services for therapy, there is health information that we will collect about you which is stored on our patient management system in a safe and secure environment that is password protected.
If you are accessing our service for webinars only, then we collect a small amount of personal information from you that is stored in a secure database. Please refer to our Privacy Policy, which gives more detailed information on this and is incorporated by reference into our terms and conditions. By using this site, you agree to the Privacy Policy.
Fresh Minds uses Zoom as a third party application to run Webinars. This is also referred to in our Privacy Policy below. We may record our Webinar sessions for educational purposes. If for any reason the webinar is shown to a person outside of the live event, only the presenter and presentation slides will be visible.
purchasing fresh minds learning webinars
Payment for webinars can be made through our online payment system, provided by DPS (Direct Payment Solutions) which is PCI DSS compliant. Fresh Minds is not liable to you for any failure of performance, system or connection failure, error in connecting you with any third party website and using that third parties services. Except to the extent required by law, we are not liable to you, or any other person, for any losses caused as a result of unauthorised access to payment related information you provide us when placing an order, except where this is caused by our negligence.
When you purchase our webinar services, you are purchasing a series of four webinars. Once purchased, we do not offer refunds if you change your mind about attending all four of them or do not attend on the date/s for which you purchased the webinars. Fresh Minds abides by the Consumer Guarantees Act 1993 (GCA), however this does not apply in instances where you change your mind, or do not attend on the date/s for which you purchased the webinar series.
A recording of any missed webinar session is available upon request and is accessible for 7 days following the live recording.
Payment for webinars can be made through our online payment system, provided by DPS (Direct Payment Solutions) which is PCI DSS compliant. Fresh Minds is not liable to you for any failure of performance, system or connection failure, error in connecting you with any third party website and using that third parties services. Except to the extent required by law, we are not liable to you, or any other person, for any losses caused as a result of unauthorised access to payment related information you provide us when placing an order, except where this is caused by our negligence.
When you purchase our webinar services, you are purchasing a series of four webinars. Once purchased, we do not offer refunds if you change your mind about attending all four of them or do not attend on the date/s for which you purchased the webinars. Fresh Minds abides by the Consumer Guarantees Act 1993 (GCA), however this does not apply in instances where you change your mind, or do not attend on the date/s for which you purchased the webinar series.
A recording of any missed webinar session is available upon request and is accessible for 7 days following the live recording.
disclaimer of warranties, liability limitation
Fresh Minds does not guarantee, represent, or warrant that your use of the Fresh Minds site will be uninterrupted or error-free, and you agree that from time to time Fresh Minds may remove services for indefinite periods of time, or cancel them, without notice to you..
You expressly agree that your use of, or inability to use, the Fresh Minds Website is at your own risk.
In no case shall Fresh Minds, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Fresh Minds Website or for any other claim related in any way to your use of the Website including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Fresh Minds Website, even if advised of their possibility
Fresh Minds does not represent or guarantee that the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Fresh Minds disclaims any liability relating thereto.
cookies
Our web servers may place cookies on your computer. These are only accessible by us and will only be used to track the pages of the website visited by you, in order for us to build a better site more tailored to your needs and interests. If you do not want information to be collected by cookies there is a simple procedure in most browsers, which allows you to turn off the cookie function. Certain features of this website may be unavailable to you if you turn off cookies.
disclaimer
This website and the information provided on it is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. Please consult a Fresh Minds Therapist if you have mind or mood concerns, or, your General Practitioner if you have a condition requiring medical attention.
revisions to terms and conditions
We reserve the right to without notice, change, add, modify or remove any portion of these terms and conditions at any time. Any changes are effective from when they are posted on the website. Your use or continued use of the website after any changes to these terms and conditions will be deemed as acceptance of those changes.
governing law
These terms and conditions, your use of this website, any information contained on it, and any dispute arising out of such use of this website are subject to the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions, your use of this website and any dispute arising out of such use of this website.
intellectual property
We are the owners or licensed users (as applicable) of all intellectual property rights used on or in connection with this website, including (but not limited to) the copyright material, patents and trademarks used on this website.
No licence is granted to any person in respect of the intellectual property rights used on this website as a result of publication on this website.
You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on this website without our prior written permission.
Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on this website for your personal use only. Any copyright notice on that information must be retained on the copy.
international use
Unless otherwise specified, the content of this website is directed solely at those who access the website from New Zealand. We make no representation that any services referred to on the website are appropriate for use, or available, in locations outside of New Zealand. Accessing this website from any jurisdiction where its contents are illegal is prohibited.
If you access this website from a location outside of New Zealand you are responsible for compliance with all local laws.
comments
If you have any comments about this website, please contact use by email on: communications@freshminds.co.nz
owner
This site is owned by ProCare Fresh Minds Limited, trading as Fresh Minds. All formal notices should be sent to us at the following address:
Fresh Minds
ProCare Health Limited
PO Box 105 346
Auckland 1143
privacy policy
Your privacy and the security of the information you provide us is important and we take the privacy and security of the users of our Fresh Minds website and services very seriously. Every effort shall be made to protect a client’s confidentiality, within the limits established by the Privacy Act 1993 and as outlined in the Health Information Privacy Code 1994.
Fresh Minds (ProCare Fresh Minds Limited) is a subsidiary of ProCare Health Limited and therefore uses/shares the same systems and robust security processes as ProCare Health Limited.
why we collect this information
It is optional for you to provide the information requested by Fresh Minds, but doing so will help Fresh Minds provide an effective and efficient service to you. Information is collected to enhance your care and therapy as well as: to assist in administrative aspects of your care; in training and education; in monitoring of the quality of client care; and in data analysis, management purposes, research and outcome measurement.
therapy
If you are engaging in therapy with us, your personal and health information will be stored on our patient management system (PMS). The PMS is safe, secure, and only password accessible. If we conduct virtual therapy (Skype or Telehealth consults), we use soft- phones (dial from our computer) or Skype for Business.
webinars
If you enrol in a Fresh Minds webinar, your personal information will be stored on the Fresh Minds secure database, which is subject to Fresh Minds (and ProCare) high-level site security and strict policies on how we store and use personal information.
Fresh Minds uses a platform called ‘Zoom’ to deliver Webinars. Zoom stores client registration details. Educational sessions are recorded and are securely stored on the Zoom Cloud. Zoom have an extensive privacy policy that can be found here: https://zoom.us/privacy.
This use of a third party platform may be subject to change.
If you would like any of this explained further, please contact the Fresh Minds Privacy Officer on communications@freshminds.co.nz
who has access to your personal or health information
Your information may be passed to:
Clinical staff of Fresh Minds and if applicable, your General Practitioner, who may be working with Fresh Minds to provide services to you.
Fresh Minds administrative personnel (for administrative purposes only)
Fresh Minds or ProCare (parent company) personnel for data analysis, management purposes, research or survey purposes.
We will not disclose your information to any other agency unless you authorise this or we are required to do so by law.
access and removal of information
You have the right to seek access to the personal information held about you and to advise us of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. If you make an access request we will ask you to verify your identity and specify what information you require. We may charge a fee to cover the costs of meeting your request.
contacting us
If you have any questions or concerns regarding this Privacy Policy, please contact:
By email: communications@freshminds.co.nz.
By mail: Privacy Officer, Fresh Minds, ProCare Health Limited, P O Box 105 346, Auckland 1143.