Terms of Use
Beating the Blues is not designed for crisis situations and is not monitored. In case of an emergency, please dial 111.
Using the Beating the Blues website or online tool means you agree to these terms and privacy policy. Please read them carefully. If you don’t agree, please don’t use the site or tool.
About these Terms of Use
- In consideration for Beating the Blues (“Beating the Blues”, “We” or “Us”) allowing you the right to access and use the Beating the Blues and beatingtheblues.co.nz service (“Beating the Blues”) you agree to be bound by these Terms of Use. This right is non-exclusive and non-transferable and limited by these Terms of Use.
- These Terms of Use apply to any user of Beating the Blues whether they are a visitor, user, client, health professional or otherwise.
- By using Beating the Blues you agree to be bound by these Terms of Use, which shall take effect immediately the first time you use Beating the Blues. If you do not agree to be bound by all of these Terms of Use please do not access, use and/or contribute to Beating the Blues.
- Beating the Blues is part of Manage My Health and by using Beating the Blues, you are obliged to the Terms of Use and Privacy Policy of Manage My Health found on the website.
- Beating the Blues may change these Terms of Use from time to time and accordingly you should check these Terms of Use regularly. Your continued use of Beating the Blues will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, you should cease using Beating the Blues.
- If we decide to discontinue Beating the Blues, we can disconnect the website and online therapy tool at any time without giving notice.
About Beating the Blues
Beating the Blues is an online, interactive, and confidential Cognitive Behavioural Therapy (CBT) tool, proven to help people overcome their mild to moderate depression and/or anxiety.
Beating the Blues is made up of eight sessions and includes a series of videos and interactive activities to teach the users the required skills to get better and stay better.
Beating the Blues is powered by Manage My Health Portal.
If you violate these terms, Beating the Blues can suspend, terminate, or limit your access. Although we will try our best to keep you informed the website/tool may also be modified, changed, or updated at any time, with or without notice.
Definition of a clinician
A clinician is defined as a “health practitioner” under section 5 of the Health Practitioners Competence Assurance Act 2003 (HPCA Act), meaning someone who is, or is deemed to be, registered with an authority as a practitioner in a specific health profession.
The HPCA Act also acknowledges that not all health professionals are regulated under its provisions. This applies to professions that may pose a low risk of harm, work under the supervision of a regulated profession, or are self-regulated.
A health profession refers to the practice of a profession for which an authority is appointed under the Act. To “practise a profession” means performing services that fall within the scope of that health profession.
A health service is defined as any service aimed at assessing, improving, protecting, or managing the physical or mental health of individuals or groups.
Medical Advice
Never ignore or wait to seek medical advice based on what you read here. The information is not a substitute for consulting your own health professional through a visit, call, or consultation.
Disclaimer
Your use of the website/tool is your own choice and responsibility. Beating the Blues is not a replacement for professional advice. If you have health concerns, it’s important to consult with a qualified healthcare professional.
- Manage My Health doesn’t assure the timeliness, completeness, or performance of Beating the Blues or its content.
- The tool isn’t monitored by a healthcare professional and doesn’t offer personalized follow-up, except through automated features when the user is using Beating the Blues through the self-registering path.
- When Beating the Blues is prescribed by a provider if users indicate that they are very seriously considering suicide (scores 5 to 8), the programme urges them to seek help immediately from their doctor or someone else who can help. To help in managing suicidal ideation the system administrator has set a function so that the health provider is emailed when a high level of risk is indicated. In circumstances where a clinician will not have access to email, or if there is another clinician supporting the client, practices and clinicians have the option to have a copy of this client alert email to be sent to a secondary email address.
- Although these safety measures aim to provide support to users in need, they do not guarantee the complete elimination of immediate or long-term suicidal thoughts, nor do they ensure protection or prevention from committing suicide.
- While we aim for a positive experience, we cannot ensure the website/tool will always function flawlessly, and we cannot be held responsible if you experience difficulties accessing the internet.
- References to external websites or promotion of commercial products/services do not imply endorsements or recommendations from Manage My Health or Beating the Blues.
As much as the law allows, Manage My Health or Beating the Blues don’t include any promises or guarantees (whether explicitly stated by law or not). This includes implied assurances of good quality, suitability for a specific purpose, absence of infringement, compatibility, security, and accuracy.
Intellectual Property Rights
- All copyright, trademarks, designs, patents and other intellectual property rights (registered and unregistered) in and on Beating the Blues and all content (including all applications) located on the site shall remain vested in Beating the Blues or its licensors (which includes other users).
- You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Beating the Blues content in any way except for your own personal, non-commercial use unless otherwise agreed in writing with Beating the Blues.
- You agree not to adapt, alter, or create a derivative work from any Beating the Blues content except for your own personal, non-commercial use. Any other use of Beating the Blues content requires the prior written permission of Beating the Blues.
- Nothing contained in these terms shall be construed as conferring you any licence or right to use any trademark, design right or copyright of Beating the Blues or any other third party.
- You warrant that all content uploaded or shared by you, either from your own computer or another source, are either created or owned by you, or that you have the necessary licences, rights, and permissions to use the content uploaded or shared.
- You acknowledge and agree that upon receipt and notice of any claim from a third party, Beating the Blues may immediately remove any content from Beating the Blues without liability. Any claims of any complaining party shall be referred to you for your attention.
Indemnity
- You agree to release, indemnify and keep indemnified Beating the Blues from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Beating the Blues from any person arising out of or in connection with your failure to comply with these Terms of Use or your use of Beating the Blues.
Use and Restrictions
The information in Beating the Blues is created by healthcare experts to keep you safe. We need accurate details from you, and it’s important not to give false information on purpose.
If you don’t share your details or provide incorrect info during registration, we won’t be able to give you continued health services and updates for your self-care learning.
Keep your login details safe as the responsibility lies with you. When using the website/tool, make sure you don’t break any laws or go against the rights of others, like copyrights or privacy rights.
Protecting Beating the Blues
Deliberately causing harm to this website/tool is against the law. You acknowledge the responsibility to secure your desktop or any other device for accessing Beating the Blues and ensure it is free from any type of corruption, including viruses.
New Zealand Use Only
- These terms shall be governed by and interpreted in accordance with the laws of New Zealand which shall have exclusive jurisdiction over any disputes.
- Beating the Blues is specifically designed to be used in New Zealand only.
- Beating the Blues should not be utilised if you are not residing in New Zealand.