Terms of Use

1. General Information

Focus Mind Works Limited ("Focus Mind Works", "FMW", "we", "us", or "our") provides psychiatric assessment and treatment services, and related mental health services. While our services are available to a broad range of individuals, we have a particular focus on supporting people within the neurodiverse community.

By accessing our website, registering an account, or using any Focus Mind Works services, you agree to be bound by these Terms of Use.

By providing your email address, you consent to receive communications from Focus Mind Works, including service-related and, where applicable, promotional communications. You may withdraw your consent at any time by contacting us in writing or by email.

2. Relationship to Privacy Policy

These Terms of Use must be read together with our Privacy Policy, which explains how we collect, use, store, and protect personal and health information.

Personal information is handled in accordance with the Privacy Act 2020 (NZ) and the Health Information Privacy Code 2020, and where applicable, relevant Australian privacy legislation.

3. Definitions

• "Account" means a registered account with Focus Mind Works
• "Customer", "you", or "your" means any individual accessing or using our website or services, including parents or legal guardians acting on behalf of a child or dependent
• "Materials" means all content, information, assessment tools, documents, and services made available through Focus Mind Works
• "Organisation" means any employer, school, agency, clinic, or other entity engaging Focus Mind Works services

4. Organisational Use

If you access Focus Mind Works on behalf of an Organisation, you represent and warrant that:

• You have the authority to bind yourself and/or the Organisation to these Terms
• You agree to comply with these Terms on behalf of the Organisation
• Any reference to "you" includes any child or dependent for whom you have legal responsibility

5. Customer Responsibilities

You are responsible for all activity conducted under your Account, including any authorised use by others within your household or Organisation.

You agree to:

• Use Focus Mind Works services lawfully and appropriately
• Ensure all use of Materials complies with these Terms and any instructions provided by Focus Mind Works
• Follow all reasonable clinical, ethical, and administrative directions relating to the use of our services

6. Remote Assessment Restrictions

Remote psychiatric assessments of children aged 13 years and under are not permitted unless the child is physically supervised by a qualified adult approved by Focus Mind Works.

Assessments for children in this age group must occur in person or under direct professional supervision, in accordance with clinical, ethical, and regulatory requirements.

7. Privacy and Account Security

You are responsible for:

• Maintaining appropriate privacy practices when using our services
• Keeping your Account login details confidential and secure
• Ensuring passwords are updated or revoked when access is no longer authorised

Focus Mind Works does not have access to your password. If your Account or password is compromised, you must notify us immediately.

You accept responsibility for all activity under your Account, including any unauthorised use where reasonable safeguards were not applied.

8. Data Retention

Client information is retained only for as long as required by law, professional standards, and clinical obligations, and is then securely destroyed in accordance with applicable requirements.

9. Prohibited Use

You must not:

• Use Focus Mind Works services for unlawful, harmful, or misleading purposes
• Attempt to access systems, data, or Materials without authorisation
• Interfere with the operation, security, or functionality of our website or services
• Use automated tools, devices, or software to extract data without permission

10. Intellectual Property

All content available on the Focus Mind Works website and platform — including text, assessments, branding, graphics, software, and design — is owned by or licensed to Focus Mind Works and protected by intellectual property laws.

No rights are granted to you other than the limited right to access Materials for their intended purpose. Any unauthorised use may result in legal action.

11. Electronic Medical Records

Focus Mind Works uses electronic medical and psychiatric records as part of clinical practice. Any Customer or authorised user who stores or accesses electronic records must apply the same safeguards as would be required for sensitive paper-based clinical files, including appropriate protections against unauthorised access.

12. Modification or Termination

Focus Mind Works reserves the right, at its discretion, to:

• Modify or discontinue any part of its website or services
• Suspend or terminate accounts where these Terms are breached or continued access is inappropriate

We are not liable for any loss arising from modification, suspension, or termination, except where required by law.

13. Limitation of Liability

To the fullest extent permitted by law:

• Focus Mind Works services are provided "as is" and "as available"
• We do not guarantee uninterrupted or error-free operation
• We are not liable for indirect, incidental, or consequential loss arising from use of our website or services

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 (NZ) or other applicable legislation.

14. Indemnity

You agree to indemnify and hold harmless Focus Mind Works, its directors, employees, contractors, and agents from any claims, losses, or damages arising from:

• Your use of our services
• Breach of these Terms
• Unauthorised use of your Account

15. Governing Law

These Terms are governed by the laws of New Zealand. Where services are provided in Australia, applicable Australian laws, including privacy legislation, may also apply.

Any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.

Contact Us

If you have questions about these Terms, please contact: hello@focusmindworks.co.nz