terms of use

Agreement

By accessing, or otherwise using the Secure Nest Website www.securenest.org (“the Site”), you agree to be bound by these Terms of Use. The Site is owned by Skewes Psychology Pty Ltd (ACN 608 631 116) a company incorporated in Australia (“Secure Nest” “the Owner” “us” “we” “our”). We may amend these terms and conditions from time to time without prior notice so we recommend that return Users review this page for any updates.

You will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. By using the Site you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms of Use you must not use this Site, or alternatively if you decide to stop using this Site after initially accept the Terms of use, you must immediately stop using the Site, and notify us of that decision in writing.

Requirements of Use

This application is for use of:

(i) Therapists who deliver schema therapy (“Therapists”);
(ii) clients with a supervising Therapist  (“Client”); and
(iii) individuals seeking schema therapy information (“Individual”).

All users of the application should be aged 18 years or older.

No users of the application should be a citizen of, or located in, the United States.

An Individual should not use this application without the support of a Therapist if that person is experiencing persistent negative patterns of thinking, feeling or behaving, which they have not felt able to overcome by themselves. In these circumstances an Individual should seek the assistance of a Therapist at the earliest opportunity. The application is for use of an Individual seeking schema therapy information rather than seeking to specifically treat themselves for persistent patterns or issues by the use of scheme therapy.

For an Individual wishing to use the application the following steps will be followed:

  1. The Individual will complete a questionnaire to gauge suitability of the site for them.
  2. Should the questionnaire confirm suitability, the Individual will be provided access to a limited set of modules, activities and functions which are personalised to the questionnaire responses.
  3. A set of emails (provided by the Site) over a multi-week period will guide the Individual through using those resources.
  4. An Individual can choose at any time to link a Therapist in their account profile, which will result in open access by the Therapist to the Individual’s content and change the mode of their account to: Client – linked to Therapist.
 

Client – Linked to Therapist

 
  1. A Client can join the site and link their account to their Therapist (or can add their therapist later from the Individual – not linked to therapist mode).
  2. A Therapist account may be shared between multiple Therapists, for example by two if the Client is connecting to a Therapist account and intending to use the Group mode.
  3. There are different menu options available to Therapists and Clients which can be accessed through the Dashboard once the User has logged on.
  4. The Client has access to a set of modules, activities and functions which can be personalised through completion of a questionnaire or added by the Therapist or Client, all under the supervision of the Therapist.
  5. The use of the tools and information available via the application is to be decided upon by the Therapist and the Client.
  6. A Client or Therapist can choose to delink accounts; this changes the mode of the Client’s account to: Individual – not linked to Therapist. Making this change, removes the Therapist’s access to the account of the Client (now Individual), which can only be added back by the Individual.
  7. As discussed below a Client can become part of a Group that uses the application.
 

Client – Participating in a Group

 
  1. This mode can only be activated in conjunction with: Client – linked to Therapist.
  2. The Therapist can link a number of Clients (only those linked to their account) together in a separate group area (the ‘Group Nest’), where all Clients are able to view the information published by any other Client in the Group.
  3. As well as content published specifically to the Group Nest, all Clients in the Group will be able to see:
    • The names of all Clients in the Group;
    • The names of any schema modes entered for all clients in the Group; and
    • Any Ratings performed by all clients in the Group (including historical data).
  4. The Clients & Therapist have access to additional activities and functions which can be personalised by any member of the Group (Therapist or Client), under supervision of the Therapist.
  5. The use of the tools and information available via the application is to be decided upon by the Therapist and the Clients.
  6. Clients participating in the group should agree with other group members the rules applying to the sharing of information, but unless agreed, any sharing, discussing or distributing of information provided by other persons from within the group, should only occur with their specific consent.
  7. If a Therapist removes the Client from the Group or delinks the Client from their account, all Client data is removed from the Group Space.
 

Therapists

 

For Therapists wishing to use the application the following steps will be followed:

  1. Upon account creation the username for the therapists account should be provided to any client you wish to have linked in the ‘Client – linked to Therapist’ mode.
  2. A Therapist should only allow a Client to remain linked to their account if they have an existing relationship outside of Secure Nest and if they are in the same geographical location.
  3. Once linked, the Therapist will have access to all existing content, including historical information if the Client has previously completed activities as an Individual or when linked with another Therapist.
  4. The Therapist should provide guidance to their linked Clients, advising them on use of the built-in tools, exercises and information and where appropriate add information or provide feedback to the Client.
  5. A Therapist can create a group space (Group Nest), linking any Clients who are connected to their account, providing the functionality described above. This should only be performed with the explicit permission of the Clients.
  6. On completion of Therapy or at any appropriate time, a Therapist may delink a Client account in their profile. However any information entered by the Therapist into the Client’s account will remain and the Therapist will lose access to this information once the account has been delinked unless the Client then reconnects their account with the Therapist. If the Client is a member of a Group when the Therapist delinks the account, any content added by the Client to the Group Nest will be permanently deleted.

 

What Secure Nest Provides

Secure Nest provides a tool for Therapists to support Clients using schema therapy or for Individuals to learn about schema therapy. The contents of this Site do not constitute advice and should not be relied upon in making or refraining from making, any decision. The Site accepts no liability for any consequences arising from the use of any of the tools, information or resources made available. Information supplied on the Site is not intended as a replacement for the psychotherapy a Client or Individual may need.

Therapists that use the application are independent third parties and are not agents or employees of Secure Nest. Secure Nest does not undertake any checks to verify the Therapists that register with us; however we reserve the right to deny services to any User at any time.

Links To External Websites

Secure Nest includes links to third party (external) websites that are controlled and maintained by others. Any link to external websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

User Representations and Warranties

All Users represent and warrant that all information provided through the application is true and correct and not false or misleading. Users agree to use the Site and application in accordance with this agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner. You agree to comply with all legislative requirements, including, without limitation, obligations under applicable work and OH&S Laws. It will be a breach of these terms to use the application for illegal or unauthorised purposes.

You agree that you will not use the Site or Application in a way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading; infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site, Application or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions; violates any law; or encourages or incites any other person to engage in any of the above behaviour.

You also agree that you will not Use technology or other means that is not authorised by the Owner to access the Site; Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Site; Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site; Gain or attempt to gain unauthorised access to the Site including the networks or user accounts; or attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.

Relationship

Therapists acknowledge that by using the Application you are not in a partnership with Secure Nest, there is no joint venture or franchise arrangement between us and nothing in this Agreement gives rise to or creates an employer/employee relationship. You are registering to use the Site as an independent third party. You may not claim, or hold yourself out to any Person as having any relationship, authority, right or entitlement to represent or act as agent of the Owner.

Payment

Access to the Secure Nest application is provided on a subscription basis, which is payable upfront. The price varies based upon the length of the subscription plan, which is within the sole discretion of the User to choose. Payments are processed through our linked third party provider, PayPal (which is on a recurring subscription basis) or provided via bank transfer at the discretion of the Site Owner.

When you purchase on a subscription basis (e.g., monthly, quarterly or annually (as applicable)), you acknowledge and agree that you are authorising recurring payment, and payments shall be made to Secure Nest by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Secure Nest.

Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if the transaction is rejected or denied, Secure Nest reserves the right to deactivate the account. We will remind you by email before your subscription renews for a new term. We will also provide you with instructions on how you may cancel the products or services. You must cancel before the renewal date to avoid being billed for the renewal.

By providing Secure Nest with a payment method, you confirm that you are authorised to use the payment method that you provided, that any payment information you provide is true and accurate and that you authorise Secure Nest to charge you for any paid feature of the Site that you choose to sign up for or use.

If your subscription has expired and you require access to information you have stored in Secure Nest or to continue one of our programs, you may be able to do so even if you have not paid the subscription. Please contact us by email at littlebird@securenest.org to discuss options that may be available to you.

Cancellation by Users

Users can stop using the Application at any time. Subscriptions are purchased in advance for the period elected by the User. To cancel a subscription Users will need to cancel their subscription on the My Profile page or through your PayPal account. Access to the Application is provided solely on a subscription basis and Users have access to their Account for the period of the subscription. If you choose to cancel a subscription during the subscription period, you will forfeit your access to the site on the expiry of the subscription period.

Concerns & Disputes

Secure Nest is a software provider, so we are unable to assist with disputes about in relation to the services provided by a Therapist. However, we welcome feedback about the operation of the application, and may also consider cancelling a User’s account if we believe that a breach of these terms has occurred.

Limited Liability

Without limiting the operation of the Australian Consumer Law, Secure Nest excludes all conditions, warranties, terms and guarantees otherwise implied by law. In relation to the operation of the Australian Consumer Law, it is agreed the extent of liability of Secure Nest is limited to a refund of all monies paid by the user to Secure Nest, or the re-supply of services to the user to the extent already supplied. Except to the extent required by operation of the law, Secure Nest has no liability for the use of the website, the provision of information contained on the website, any act or actions it undertakes in providing users the opportunity to use the website or the applications on the website, the use of any information contained on the website, by any persons, whether such person is a Therapist, a Client or an Individual. In terms of any and all services provided to a user of this site by a Therapist a contract for services exists between the Therapist and the Client separate from these terms. The Therapist and their Client each agree that Secure Nest has no liability for any cause of action or damages arising for any act or actions by Secure Nest in providing the services on this website or by use of the application. Secure Nest is not liable to pay for any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, production, business or claims made against you, regardless of whether such is foreseeable or not. Secure Nest is not liable for any claims arising from your use of the Site or the services arising from the Site.

Warranties and Indemnities

Secure Nest does not warrant that the functional aspects of the Site will be uninterrupted or error free or that the Site, its content or the server are free of viruses or other harmful components. Secure Nest maintains current anti-virus software; however to the extent provided by law, Secure Nest cannot and does not guarantee against third party interference to the Site. Secure Nest does not warrant that the Site or its content will be compatible with third party software or hardware. Secure Nest is not liable for any default or error which occurs as a result of an event or events which are beyond its control.

Users agree to keep Secure Nest fully indemnified against all or any claims by any person whatsoever for injury, loss or damage suffered in connection with the provision of services through the Site or the use of information contained on this Site and any claim howsoever arising whether in tort or contract for any loss, damage, compensation, failure to deliver, or any delay in the provision of services or information, including but not limited to any special, indirect or consequential loss, loss of profit or revenue, loss of expected savings, loss of business contracts, opportunity costs, loss or reduction of goodwill, and damage to reputation howsoever arising, including all reasonable costs arising from Secure Nest defending a claim arising from use of the Site. Without limiting the scope of the indemnity, the indemnity specifically includes any and all loss, damage, compensation, failure to deliver, or any delay arising from:

(i) A failure by any person to fully, honestly or accurately answer or respond to any question or information provided by them to Secure Nest;
(ii) A failure by any person to keep Secure Nest informed of any negative change in circumstances relating to their health or well-being that a person experiences while being a participant on this Site or using any application or receiving information from this Site;
(iii) The advice or assistance provided by a Therapist or other third party which is affected, impacted or changed by the services or information provided from this Site;
(iv) The failure to access support, professional assistance or other help in the event that any negative change in circumstances relating to their health or well-being that a person experiences while being a participant on this Site or using any application or receiving information from this Site;
(v) Changes, additions or removal of any site tools or information provided within or from the Site, including those which may remove data or files added by Site users;
(vi) Difficulty or inability in using the site features from a technology perspective;
(vii) A lack of effectiveness of any site features, resources or information to improve the health or well-being of any User;
(viii) A lack of understanding of any existing site features, resources and information or that provided by any user of the site;
(ix) A failure by any person to get help from a mental health professional if there are any negative changes in circumstances relating to their health or well-being, such as concerns regarding their safety, psychological symptoms increasing, level of functioning deteriorating below the baseline that is determined for the self-education program, experience of stress without the support a Therapist in the self-education program;
(x) Content or comments added to the site by a Therapist or other Clients;
(xi) The completion or partial completion of any program, exercise or module offered within the Site;
(xii) Non-responsiveness of other Site users, even where there is an expectation of contact;
(xiii) The behaviour of any user on the Site. For individual therapy, Secure Nest is not liable for damage inflicted by a Therapist. Damage inflicted by a Therapist may include Clients experiencing stress when the Therapists does not (or is slow to) respond to messages from the Client, Therapists who experience issues relating to difficulties using the technology or when a Client’s Therapist stops using the platform while their Client continues to access the full features of the Site.

Secure Nest does not have to have incurred these costs to claim on this indemnity.

Any user of this Site warrants to Secure Nest that they will, at all times:

(i) fully, honestly or accurately answer or respond to any question or information provided by them to Secure Nest;
(ii) accept responsibility for seeking help from a mental health professional if there are any negative circumstances relating to their health or well-being that they experience while being a participant on this Site or using any application or receiving information from this Site, and that they do not rely on Secure Nest for accessing support;
(iii) accept responsibility for any negative consequences of sharing information with other people; their family or at their work or with their lawyer, and Secure Nest does not accept responsibility for any negative consequences;
(iv) ensure they do everything to protect their privacy, e.g. ensuring they use a strong password and don’t share that password with others;
(v) accept responsibility for the information that they disclose on the platform;
(vi) ensure their Therapist or third party is aware that they use this Site and that the advice or assistance provided by their Therapist or other third party considers the affect, impact or change by the use of the services or information provided from this Site;
(vii) maintain the privacy of any content provided to or shared with you by any other user on the platform, unless you have their consent to do so;
(viii) behave in a manner that is respectful to other users on the Site;
(ix) use the site in the way intended and described in these Terms of Use.

Intellectual Property Rights

Secure Nest retains all ownership rights over all intellectual property (registered or unregistered) available on the Site, the Application and the Site content including, but not limited to, source code, audio-visual effects, themes, dialog, settings, artwork, sound effects, musical works, moral rights, blog postings and resource material provided via the Site. Secure Nest claims copyright over all content on the Site and over all material contained therein, unless otherwise indicated. Where content on the Site is not owned by Secure Nest, we are licensed or permitted by law to use it.

License to You 

The Site and application are provided to you through this license. The Owner retains all ownership and proprietary rights in the Site and hereby grants you the non-exclusive, non-transferable, limited right to use the Site. This license commences upon your acceptance of these terms and conditions and continues until termination by the Owner or you. The Owner has the discretion to terminate your license immediately and without notice if you breach this license and reserve our rights to take action against you. All rights not specifically granted under this Agreement are reserved by the Owner and, as Applicable, its licensors. This limited license excludes the right to frame or utilize framing techniques to enclose the Site or any portion of the Site; republish, redistribute, transmit, sell, or license the Site or any content contained in the Site (except as necessary to use the Site); make any use of the Site or any and/or all Content other than for personal use; modify, reverse engineer or create any derivative works based upon the Site or any and/or all Content; collect account information for the benefit of yourself or another party; use any meta tags or any other hidden text utilizing any and/or all Site Content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

Your License to the Owner 

By posting, submitting or otherwise publishing any material to the Site, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. By submitting or posting any material, you are granting us, a royalty-free, non-exclusive, license to use, copy, modify, transmit, distribute, and publish and display such material, limited to the sole purpose of allowing a Therapist, Client or Individuals use the functions of the application for the purpose of the Therapist treating the Client with schema therapy or an Individual seeking information about schema therapy. For more information about what happens to your personal information please review our Privacy Policy.

The Owner’s Obligations

The Owner reserves the right to make changes to the Site, its operation and Application at any time without prior notice and you confirm that Secure Nest shall not be liable to you for any such change. The Owner may engage a third party to provide technical assistance with the Site. The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

Breaches of These Terms and Conditions

The Owner reserves the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:

(a) issue a formal warning;
(b) suspend or prohibit access to the Site;
(c) block access to the Site;
(d) take legal action against you,
(e) suspend or delete your account, and
(f) report a matter to law enforcement.

If we suspend or prohibit or block your access to our Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.

General

If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of South Australia and the parties agree that any claim arising out of this Agreement will be heard in South Australia.

Severability

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be effective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability in such provision in any other jurisdiction.

Changes to the Terms of Use

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on a blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. These terms were last updated in June 2018.