Terms and Conditions of Purchase and Use
Mindway Employee Assistance Program (EAP)
1. The Connection Coach and The Culture Curator
The Culture Curator is a division of The Connection Coach Pty Ltd (ABN 16 614 983 023), a registered Australian company providing professional services in human resources, leadership development, and workplace wellbeing. All contractual agreements, invoicing, and legal obligations entered into under The Culture Curator brand are fulfilled by The Connection Coach as the legal entity. References to “The Culture Curator” throughout these Terms and Conditions should be interpreted as services delivered by The Connection Coach under its trading division.
2. Overview
By purchasing access to the Mindway EAP through The Culture Curator, you (“the Client”) agree to the following terms and conditions which govern the provision, usage, and responsibilities associated with the service. This Employee Assistance Program is designed to support your employees’ mental health and wellbeing via confidential, digital-first access to professional mental health support.
3. Scope of Service
The Culture Curator facilitates access to the Mindway platform as a value-added service for workplace wellbeing and psychological safety. The Mindway EAP includes:
- Access to a secure app-based mental health platform
- Confidential, professional support from qualified mental health practitioners
- Evidence-based resources, activities, and tools to support wellbeing
- Usage analytics and de-identified reporting (optional and only where permitted)
Service inclusions and scope are determined by the selected package at the time of purchase.
4. Client Responsibilities
As a client, you acknowledge and agree to:
- Provide The Culture Curator with accurate information to onboard your organisation
- Ensure that your employees are informed about the service, including confidentiality
- Not interfere with the independent and confidential nature of employee usage
- Use de-identified data responsibly, in line with privacy laws, if access to usage data is provided
You also agree not to use the platform as a substitute for emergency support or critical incident response. Employees requiring immediate crisis assistance should be referred to appropriate emergency services.
5. User Confidentiality
Mindway & the Culture Curator operates with a strong commitment to confidentiality. All sessions and data are handled in accordance with applicable privacy legislation including the Australian Privacy Act 1988 (Cth) and other professional ethical codes.
No identifying information of employees will be shared with the Client unless explicit written consent is provided by the employee.
6. Data Handling and Privacy
The Mindway platform complies with high data protection standards, including secure encryption and data minimisation. The Culture Curator will not have access to individual user content or session data unless consent is provided. Usage reports provided to clients (if part of the package) will be:
- Aggregated and de-identified
- Designed to support organisational wellbeing initiatives
- Shared in line with legal obligations under Australian data protection laws
7. Indemnity and Limitation of Liability
The Culture Curator acts solely as a facilitator of access to the Mindway Employee Assistance Program and does not provide direct therapeutic, clinical, or diagnostic services. By purchasing and implementing the Mindway EAP for your organisation, you acknowledge and agree that The Culture Curator makes no representations or guarantees regarding the individual outcomes or effectiveness of the services provided through the Mindway platform.
To the fullest extent permitted by law, the Client agrees to indemnify and hold harmless The Culture Curator (a division of The Connection Coach ABN 16 614 983 023), its directors, officers, employees, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with:
- Any reliance by employees or other individuals on the support, content, or guidance provided by Mindway;
- Any employee dissatisfaction, harm, or adverse outcome resulting from the use of the EAP services;
- Any breach of these Terms by the Client.
The Culture Curator’s liability in connection with the provision of the Mindway EAP is limited to the total amount paid by the Client for the service in the 12-month period preceding the event giving rise to the claim.
7. Fees and Payment Terms
Fees for Mindway access are determined by the subscription tier and number of users. Payment is required upfront unless otherwise agreed. Ongoing access is contingent on timely payment of renewal fees.
All pricing is exclusive of GST unless otherwise stated. Cancellation or change in subscription tier must be made in writing with [30] days’ notice prior to renewal.
8. Limitations of Service
This service is not a crisis line or emergency service. Mindway does not replace legal, financial, or medical advice where specialised assistance is required. The Culture Curator and Mindway accept no liability for outcomes beyond the scope of the EAP program as outlined.
9. Termination and Refunds
Either party may terminate this agreement with written notice if the other party materially breaches these terms. Refunds are not provided for unused subscriptions once the program has commenced, unless required under Australian Consumer Law.
10. Amendments to Terms
These Terms and Conditions may be amended from time to time by The Culture Curator. Clients will be notified of any material changes, and continued use of the service will constitute acceptance of the revised terms.
11. Contact Information
For queries relating to this agreement or the Mindway program, please contact:
The Culture Curator
Email: support@theculturecurator.com.au
Phone: 1800 980 531
Website: www.theculturecurator.com.au