E-Mail Legal Notice
People Diagnostix Pty Limited (People Diagnostix) is a privately held entity which provides cloud-based software solutions for workplaces, universities and schools wanting to understand and promote positive mental health. People Diagnostix uses a positive psychology approach to assess the degree to which individuals have developed the ‘pillars’ of good mental health to stay well and optimise quality of life at university, work and beyond. People Diagnostix software and related products include an expansive resource library for self-development and organisational interventions. Based in Western Australia, People Diagnostix provides services and solutions internationally.
Email is an integral part of People Diagnostix business and an important means of communicating with clients, service providers and third parties.
The purpose of this Email Legal Notice is to regulate the use and receipt of email to and from People Diagnostix in accordance with the Electronic Transactions (Western Australia) Act 2011.
Emails, attachments to emails and links within emails are collectively referred to as ‘email’ in this Email Legal Notice.
4. Email from People Diagnostix
Email from People Diagnostix is intended for named recipients only. Persons copied are also named recipients. Any other persons in receipt of email from People Diagnostix are unauthorised recipients of People Diagnostix email. People Diagnostix cannot and will not be liable for unauthorised forwarding and distribution of email.
As an authorised recipient, in your personal capacity, or authorised representative of an organisation (You), agree to receive communications electronically.
5. Confidentiality and Privilege of People Diagnostix Email
People Diagnostix email may contain confidential and/or privileged information. Any dissemination, distribution or copying by persons other than the intended recipient(s) is prohibited. If You are an unauthorised recipient, kindly:
- Notify the sender if the sender is a People Diagnostix representative; or
- Notify People Diagnostix at [email protected] if the sender is a third party.
If You are an unauthorised recipient please destroy all email in electronic and hard copy format which You have received as an unauthorised recipient and/or have printed without authority. We thank you for your assistance.
6. Access, Monitoring and Interception
To comply with law and in line with international standards and best practice relating to the use of information technology in its business, People Diagnostix monitors and intercepts ‘live’ (travelling over telecommunications networks) communications such as email (blocking, filtering, scanning). Where necessary to manage business risk and if required by law, People Diagnostix will also access static information created, received, communicated and stored (processed) by it as part of its business and in the pursuit of its legal obligations.
8. Third Party Service Providers and Force Majeure Events
People Diagnostix relies on various third party service providers such as telecommunications and internet service providers. These are based in Australia, the EU, UK, Canada, USA and possibly other countries also. People Diagnostix cannot and will not be liable for delays, damages or the non-availability of email and related services which are beyond its control due to third party dependencies and force majeure events.
9. Warrantees and Representations
No warranties are made or implied that any employee or contractor of People Diagnostix is or was authorised to create and/or send email on behalf of People Diagnostix.
10. Unauthorised Use of People Diagnostix Email Systems
People Diagnostix regulates its internal environment in accordance with Australian law and administrative, technical and physical controls. In the event that these controls, which include rules on the acceptable use of email are contravened by users, the users themselves will be liable. People Diagnostix directors and management shall not accept liability arising from such contravention.
11. Damages Arising from Email from People Diagnostix
Email technologies and the use of related telecommunication systems and networks expose People Diagnostix to dynamic security and business risk. People Diagnostix manages this risk in accordance with Australian law, relevant international law, international standards, best practice and through its policies, procedures and guidelines to prevent unauthorised access to or abuse of its systems and networks. While People Diagnostix is committed to a reasonable standard care and diligence, People Diagnostix cannot and will not be liable for damages arising from the use of email which are beyond its control.
12. Dispatch and Receipt of Email
Senders of email addressed to People Diagnostix agree that email is deemed received by People Diagnostix only when receipt is confirmed orally or in writing. Email from People Diagnostix will be deemed dispatched as and when reflected in the People Diagnostix mail server logs. For all purposes, the place of dispatch and receipt of email from and to People Diagnostix shall be Perth, Western Australia.
13. Requirements for Valid Agreements
It is People Diagnostix policy that no binding agreements will be entered into through the use of email. Any offers made or received via email will be regarded merely as part of the process of negotiation. The conclusion of agreements negotiated by email must be reduced to writing, printed on paper and signed by hand with ink. This provision does not affect the validity of agreements entered into by click-wrap and browse-wrap online.
14. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Western Australia.
15. Skill, Diligence, Care
People Diagnostix will exercise reasonable skill, diligence and care as may reasonably be expected in the use of email by a similar service provider.
16. Company Information
|Name||People Diagnostix Pty Ltd|
|Physical address and the address for receipt of legal service of documents||Enterprise Unit 3, Suite 4, 9 De Laeter Way, Technology Park, Bentley, Western Australia, 6102|
|Postal address||PO Box 63, Rockingham, Western Australia, 6968|
|Phone numbers||+61 1300 739 426|
|Email address||[email protected]|
|ABN||37 261 871 814|
|Directors||J van Schie
C van der Veen