General Terms of Use

1. General

Lysn Pty Ltd (“Lysn) (ACN 614 950 131) owns and operates the Platform (“Platform”) and the website on www.welysn.com (“Website”) (Collectively “Platform”) with our registered address at Suite 603, Level 6, 1 Elizabeth Plaza, North Sydney, NSW, 2060.
Throughout these Terms of Use (referred as either “Terms of Use” or “Terms”) and the Platform, the terms “we”, “us” and “our” refer to Lysn and the terms “You”, “you” and “your“ refer to you, the user of the platform and visitor of the Platform.
The use of the Platform and Service by any user, is subject to these Terms of Use. By using the Platform and Service, you agree to these Terms of Use which, together with the Privacy Policy, govern your access to and use of the Platform and Service.
You must accept these terms each time you access Lysn’s Platform and receive Services and be bound by these terms by clicking the “I accept” button. Lysn may vary these terms at any time and may suspend or terminate your access to the Platform and/or Services provided by Lysn at any time, without notice to you.
Each time you access the Platform and receive Services it will be a separate contract between you and Lysn. A failure to comply with these Terms may result in Lysn suspending or terminating your access to the Platform and/or Service.

2. Emergency

If you require immediate or urgent medical attention or you consider a situation to be an emergency you should contact emergency services on 000 or attend your nearest hospital emergency centre.

3. Who is Lysn

Lysn is a digital mental health and wellbeing company. The Lysn Platform facilitates secure access to confidential digital health and wellbeing Services, including phone and video consultations with health and wellbeing professionals. More specifically, this may include psychologists, social workers, counsellors, mental health nurses, psychiatrists, dieticians and coaches (collectively referred to as “Service Provider”).

4. Lysn’s Platform

Your use of the Platform is subject to these Terms of Use. These Terms of Use contain important information, including warranty disclaimers and limitations of liability. Please read the Terms of Use carefully as it governs your use of Lysn’s Platform and Services that will allow you access to Lysn’s Service Provider.
By continuing to register with www.welysn.com you confirm that you accept these Terms and of Use and you agree to comply with the following;
platform terms of use; and
privacy statement; and
any other terms of use and conditions published from time to time on www.welysn.com.
all relevant guidelines, instructions and procedures.
If you do not agree to comply, you must not use Lysn’s Platform and Services or continue to schedule a consultation with Lysn’s Service Provider. By continuing to register and schedule a consultation and/or by ticking the box indicating your acceptance of these terms, without limitation, you agree to the above Terms and Conditions or any person engaged by Lysn constitutes acceptance of these Terms of Use referenced herein and/or available by hyperlink.
We may change our Terms and Conditions from time to time by republishing them online, including to take into account new laws, regulations, products, services or technology. You should read these Terms of Use every time you use this Service in case they have changed and your continued use of or access to the Platform at any stage, before or after any changes, constitutes acceptance of those changes because any variation of these Terms will take effect from the date of publication on the Platform.
The Terms which apply at the time you request a consultation with a Lysn Service Provider are the Terms that will govern your use and access to the Services.

5. How to use Lysn’s Platform

You must only use the Platform, including, if applicable, any third-party platforms contained within the Platform, for purposes described in these Terms of Use. You must not use or attempt to use the Platform in any of the following ways;
to damage, corrupt or interfere with the Platform, including any, if applicable, third-party platforms contained within the Platform, any third party software, data, hardware, website or information technology systems;
modify or create derivative works based on or upon the Lysn Platform;
to solicit others to perform or participate in unlawful acts;
for any commercial purpose;
for any unlawful purpose or in any way that may breach any law or regulation;
to harass, abuse, harm, intimidate, insult, discriminate, disparage, defame, slander, or discriminate in any way based on gender, sexual orientation, ethnicity, race, disability, heritage, national identity, place of origin, or disability;
to submit, upload, or provide false or misleading information or information that may be false or misleading;
whether for profit or without charge, sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, in particular, without limiting the generality of the foregoing, distribute the Platform on media, or provide access to the public or third parties, either directly or indirectly, over websites, electronic bulletin boards, bulletin boards or forums on the internet, or networks;
for any unlawful purpose or in any way that may breach any law or regulation;
to impact the reputation or public image of Lysn adversely or negatively or any of Lysn’s Service Providers;
to send, post or transmit, upload, provide, email unlawful information or information that is offensive, fraudulent, inflammatory, defamatory or infringes on Lysn’s rights, or any Service Providers’ rights or any third party rights.
In the event you breach or act contrary to these Terms of Use, you acknowledge that Lysn can terminate the use of the Platform and Service, if applicable, any third-party platforms contained within the Platform, and terminate any access to Lysn’s Platform and Service. Lysn has sole discretion in terminating access to the Platform and Service if Lysn reasonably believes that you have breached these Terms of Use.
Lysn, in our sole discretion, without limitations as described above, reserves the right, to do any of the following without notice to you;
terminate and provide access to the Platform or offer any Service offered by us, or on behalf of us;
suspend or block your access to the Platform and Service or part of the Platform;
limit, restrict or prohibit you from using your Account that you registered with Lysn;
remove any material you submit, send, upload, provide to the Platform.

6. Services

Subject to your compliance with these Terms of Use, Lysn through the Platform will offer the Services by providing you access to schedule a consultation with a Lysn Service Provider.
The Service Providers are only available during the hours advertised on the Platform and will be updated from time to time and you will not be able to access, schedule or consult with a Service Provider outside of these times.
During the Consultation you agree to not record, either by audio or video, the consultation unless you receive explicit written consent by the Service Providers.

7. Indemnity

You acknowledge and agree to indemnify, defend, and hold harmless to the maximum extent permitted by law, Lysn and its related entities, its directors, officers, partners, employees, contractors, affiliates, suppliers, service providers, licensors, clinicians and personnel from any and all claims, demand, liability, proceedings, losses, and expenses including but not limited to, any direct, indirect, incidental, special, punitive, exemplary, contractual, or consequential damages, or any damages whatsoever or legal fees or legal expenses on a full indemnity basis, made by any third-party due to or arising out of:
Your use of the Platform or Services;
Your violation of any law or rights of a third-party;
Your breach of these Terms of Use or any other breaches of documents referenced within this Terms of Use.
Nothing in these Terms of Use or otherwise is intended to exclude or limit the operation of any laws implying terms, conditions or warranties for the supply of services cannot be excluded. Subject to this clause and to the fullest extent permitted by law, implied rights, remedies, guarantees, conditions and warranties are hereby excluded.

8. Disclaimer

The information and content on the Platform is general in nature and is provided for information purposes only. Your reliance on any information provided by Lysn is solely at your own risk.
It is not in any way intended to be advice or a substitute for professional health advice and should not replace a qualified professional health practitioner and/or professional Service Provider’s advice after conducting an assessment, based on your medical health report, referral or any other information that is relevant to make an independent judgement about the appropriateness or risks of treatment.
If you have any questions or concerns, you should seek the professional advice of a qualified health practitioner and/or professional Service Provider with any questions you have regarding any medical and mental health conditions you may have and any options and suitability for treatment.
The Platform only publishes general information and this information is not to be taken as health advice and a qualified health practitioner and/or Service Provider’s professional advice should not be disregarded because of the general information you have read on the Platform. You are exclusively responsible for any decisions made regarding your care decisions.
Lysn’s Service Providers are accredited or, if applicable have provisional accreditation, with their relevant professional regulatory organisations and therefore they are compliant with their professional standards of care, record keeping requirements, and other professional obligations, as well as being compliant with the Privacy Act 1988, the Australian Privacy Principles, and any Australian State based health privacy legislations as applicable.
The content on the Platform may incorporate third-party’s opinions, views, perspectives, or we may summarise views or guidelines however such content does not necessarily reflect the views of Lysn or does not necessarily indicate a commitment to a particular course of action that is to be taken by the Lysn or by a Lysn Service Provider.
As stated above all information published is general information and should not be relied on. However, if you rely on any general information provided on the Platform without having a consultation with a Lysn Service Provider, you are exclusively responsible for any decisions made regarding your care decisions and Lysn is in no way involved in, or liable for, any outcome.
Lysn does not warrant that the Platform is free from any computer viruses or other defects or that your access to the Platform will be continuous or uninterrupted. Lysn does not accept any liability arising from your access to the Platform.
Lysn does not give, offer or provide any express or implied warranties and makes no representations in relation to the Platform. While reasonable care is taken in its preparation, Lysn does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on the Platform or its usefulness in achieving any purpose. You accept that content on the Platform may include technical inaccuracies and typographical errors. Information on the Platform should not be used without validating that information from appropriate sources and obtaining professional advice. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided.

9. Limitation of Liability

The Platform comes with non-excludable warranties and guarantees under consumer protection legislation (Competition and Consumer Act 2010 (Cth)), such as that that the Platform will be provided with due care and skill and be reasonably fit for its usual purpose.
Subject to the above and to the extent permissible by law, Lysn and its directors, officers, partners, employees, contractors, affiliates, suppliers, service providers and licensors, clinicians and personnel:
Accept no liability arising from the content on the Platform, or on websites linked from the Platform, being incorrect, incomplete or misleading; and
Will not be liable for any loss, damage, cost or expense incurred or arising by reason of any person relying on the content that appears on the Platform.

10. Registration and maintaining your Account

You must provide true, accurate and complete information when registering for and using your account and must ensure that such information is current and up to date at all times. When obtaining services through the Platform, you must not omit any information that is relevant to the Services you are obtaining.
If you create an Account with Lysn, you are entirely responsible for your login details and password and must not share these with any third party. From time to time, we may require you to re-authenticate yourself or issue any direction regarding your Account or your use of your security credentials.
Lysn will assume that you are the user whenever your security credentials are used to access your Account and you must notify Lysn immediately of any known or suspected unauthorised use(s) of your Account or any known or suspected breach of security, including but not limited to unauthorised access to the Platform or loss, theft of unauthorised disclosure of your password. You are solely responsible for all usage or activity on the Platform.

11. Intellectual Property

The content on the Platform, including but not limited to text, logos, photographs, graphics, images, is the property of Lysn or its affiliates, subsidiaries and/or content suppliers, and is protected by copyright law.
Lysn’s service names, product, graphics, logos, photographs are trademarks and includes unregistered trademarks of Lysn. These trademarks, logos and other graphics may not be used in connection with any other product or service without Lysn’s prior express written consent.
Using Lysn’s Platform does not give you any rights, title, interest or ownership in any intellectual property rights, including copyright, and proprietary rights to any content on the Platform or any trademarks, logo, or other proprietary graphics unless to the extent expressly stated in these Terms of Use.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the homepage of the part of the Platform which is accessible via the Platform so long as the link does not portray Lysn, its related entities, its directors, officers, partners, employees, contractors, affiliates, suppliers, service providers and licensors, clinicians and personnel or the functions and activities of Lysn in a false, misleading, derogatory or otherwise offensive manner. If requested by Lysn you must remove any such hyperlink contained on the website, platform, or forum to which you have provided the hyperlink.

12. Third Party Links

Lysn may include links on the Platform to websites owned by third parties. These links, if clicked, may direct you to the website owned by the other parties and Lysn is not responsible for the material contained on these websites. Lysn does not endorse and is not responsible or liable for any content, advertising generally or specifically of products and/or services, and Lysn is not responsible for any damage, offence or loss caused as a result of visiting these websites.
When you use Lysn’s social media pages, you are using an external website and are bound by the Terms of Use of that website. We recommend you review the terms and conditions of the respective social media websites.

13. Privacy – Personal and Sensitive Information

As part of providing mental health and wellbeing services, Lysn and our subsidiaries will access, collect, use, maintain, record, and store personal and sensitive information about you. There are legal and regulatory requirements for us to retain personal and sensitive information and all references to personal information in this document include sensitive and health information unless indicated otherwise.
Lysn’s Privacy Policy explains how Lysn generally handles your personal information and the Privacy Policy includes information about how you can access and/or correct your personal information Lysn holds about you and submit a privacy query or complaint to Lysn and how Lysn will deal with your complaint. You can access Lysn’s Privacy Policy by clicking on this link.
By using the Platform, you agree that Lysn can use your Personal information (including sensitive and health information) in accordance with Lysn’s Privacy Policy, the Privacy Act 1988 and the Australian Privacy Principles.

14. Your content

Subject to the Privacy Policy, the Privacy Act 1988 and the Australian Privacy Principles, if you send, post, transmit, upload, provide, email publish, provide, send or email any material to Lysn or via the Platform it will be considered non-confidential and non-proprietary.

15. Cookies

Cookies are used by Lysn to allow Lysn to collect information about your computer; however your web browser is required to be set up to accept cookies. Cookies may be stored on your hard drive when you visit the Platform. Cookies allow Lysn to collect information about your computer, which may include but not limited to, your IP address, type of browser, operating system, domain name, and the details of any website which has referred you to the Platform, frequency of visits, length of time you visit and stay on the Platform, track your identity, and may include links to other websites that are being visited by you. Cookies also allow Lysn to recognize your computer while you are accessing the Platform and this information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of the Platform.
If you do not want this information stored on your computer, you can amend your settings to block or not accept cookies however if you disable cookies you may not be able to access all parts of the Platform

16. Governing Law

These Terms of Use are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia relating to all matters arising out of or relating to these Terms of Use, its performance or subject matter.

17. Severability

Any provision of these Terms of Use which is invalid in any jurisdiction must, in relation to that jurisdiction be read down to the minimum extent necessary to achieve its validity, if applicable and severed from these Terms of Use in any other case without invalidating or affecting the remaining provisions of these Terms of Use or the validity of that provision in any other jurisdiction.

18. Contact details

Questions about these Terms of Use should be sent to us at EMAIL

19. Definitions

Platform means the platform that can be accessed after registering your account on the website on the url www.welysn.com

Service Providers means Lysn’s psychologists, social workers, counsellors, mental health nurses, psychiatrists, dieticians and coaches who provide the Services

Services means mental health, health and wellbeing Services provided by Lysn

Terms means these Terms of Use

You or you or your means the individual user and visitor of the platform accessing the Services through the Platform

Website means the website located on the url www.welysn.com

Updated 02.01.2024