Terms and Conditions

 

1       Welcome to Bite Back (Website)

1.1    The Website is operated by The Black Dog Institute ACN 115 954 197. The Website provides information on mental health and wellbeing in young people. It does not provide medical treatment or advice. The Website is generic in nature and not customised to particular medical conditions.

1.2    These terms set out your rights, responsibilities and obligations as a user of the Website.

1.3    Before using the Website please review these terms carefully and do not use the Website if you do not agree with the terms. If you need technical assistance you can always contact us on biteback@biteback.org.au

 

2       Acknowledgment and Acceptance

2.1    The Website provides an internet based service operated by Black Dog Institute ("we", "our" or "us"). "You" or "your" means a user of the Website including any parent or guardian of any minor or other person lacking capacity.

2.2    If you do not agree with any of these terms, do not use the Website.

2.3    We may alter these terms at our discretion and your continued use after any change indicates your acceptance of that alteration.

 

3.      Licence, Permitted Use and Restrictions on Use

3.1    We grant to you a non-exclusive, non-transferrable licence to use the Website for your personal and non-commercial use or as permitted in these Terms or Use or otherwise permitted by us in writing.

3.2    You must ensure that the Website is protected from unauthorised access by third parties at all times.

3.3    You may not assign or grant a sublicence of or commercially exploit, grant a security interest over or otherwise transfer your rights to use the Website.

3.4    You may not, in any form, or by any means:

(a)        use the Website or its contents, except for your personal and non-commercial use or as permitted in these Terms of Use or otherwise as permitted by us in writing;

(b)        copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivate works from any part of the Website or its content;

(c)        cause any of the Website to be framed or embedded in another website;

(d)        commercialise any content, products or services in the Website; or

(e)        without our prior written approval, distribute any portion of the Website to any third party or make the Website available to any third party in any way other than in a manner specifically authorised under these terms.

3.5    You affirm that you are over the age of 11, as the Website is not intended for people under 12. If you are under 12 years of age, then please do not use the Website.

3.6    We reserve the right to update and change the Website from time to time.

 

4       Intellectual property rights

4.1    All rights (including intellectual property rights such as copyright and trade mark) now existing or in future arising in the Website and its content is owned by or licensed to Black Dog Institute.

4.2    You do not obtain any rights in the Website other than the user rights granted in this agreement.

 

5       Privacy and Information Provided by You

5.1    By accessing the Website you agree to be bound by these terms and to our collection, use and disclosure of any personal information that you provide to Black Dog Institute in connection to the Website, provided that such collection, use and disclosure is in accordance with our Privacy Policy located at www.www.biteback.org.au/privacy/

5.2     We collect, use and disclose all customer information in accordance with our Privacy Policy.

5.3     Our Privacy Policy constitutes part of these terms.

5.4     If you use the Website or create an account with us, we may require you to provide personal information (Customer information).

5.5     The supply of Customer Information will not allow personally identifiable information to be given to other persons without your written approval.  You agree to provide us with current, complete and accurate Customer Information when requested to do so by BDI in connection with the Website.

5.6     The Website may also contain information or material which is posted by you or other Website users (User Provided Content).  For all User Provided Content, Black Dog Institute is a distributor only and is not responsible for the accuracy or completeness of this information.  

5.7     If you submit User Provided Content to the Website:

(a)        you grant BDI a perpetual, irrevocable licence to use, host and distribute the User Provided Content;

(b)        you acknowledge that it may be seen and used by others under the licence described in these terms;

(c)        we may send you correspondence related to that content; and

(d)        you must only submit User Provided Content which belongs to you or for which you have authorization to submit from the owner of that content.

5.8     You must not contribute the personal information of another person without their express permission and you must not contribute content that may violate the privacy, property or other rights of other people or organizations.

5.9      You must not contribute (and we may remove in our sole discretion) any User Provided Content that is in our opinion fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others or is in any other way objectionable.

User Submitted Content Guidelines

5.10     If you provide to us content for publication on the Website you must follow our content guidelines located at /terms-and-conditions/user-content-guidelines/

 

6       Disclaimer and Limitation of Liability

6.1     In addition to other limitations set out in this clause, we do not warrant or promise that the Website:

6.1.1 will meet your needs;

6.1.2 is error or virus free;

6.1.3 can be used without interruption or will be timely;

6.1.4 will be accurate, effective, reliable or complete; or

6.1.5 is free of viruses, worms, bugs or similar components or is secure.

6.2     You must rely upon your own investigations as to whether the Website will meet your needs and the platform on which the Website is to be run.

6.3     BDI assumes no responsibility or liability for any representation, implied or expressed, concerning the efficacy, appropriateness or suitability of any treatment.

6.4     The content on this Website is of a general nature only and is not intended as a substitute for the professional advice of a qualified healthcare professional. No person should act in reliance on any statement provided on the Website.

6.5     If you require urgent medical attention or you are at risk of harming yourself or someone else or where any doubt exists regarding the selection or appropriateness of any therapy described on this Website, you must seek specific advice from a qualified healthcare professional.

6.6     The Website may be updated and amended from time to time.

6.7     We endeavour to take care in compiling the Website and its content, however the content may not reflect the most recent developments in medical knowledge or science.  You are encouraged to consult other sources in order to confirm the information contained on the Website.

6.8     Links provided to other Internet sites are provided for your convenience and do not constitute endorsement of the information at those sites, or any associated person, organisation, product or service.

6.9     Visitors to the Website should not act or refrain from acting on the basis of any of the content without first obtaining advice specific to their own situation.  Use of the Website or receipt of any of the content is not intended to and does not create any doctor-patient relationship.

6.10   We will not be liable (including for breach of contract, negligence or breach of any law) under or in connection with this agreement or the Website for any personal injury (including death) or damage to your computer system, loss of income, loss of actual or anticipated profits, loss of business, loss or damage to or corruption of data, loss of reputation or for any direct or consequential loss or damage of any kind.

6.11   The law may confer rights and remedies on you in relation to the provision by Black Dog Institute of goods or services on this Website, which cannot be excluded, restricted or modified. To the extent permitted by law, Black Dog Institute excludes all other conditions and warranties implied by custom, law or statute. For liability that cannot by law be excluded, Black Dog Institute's and UNSW's liability is limited to:

(a)        resupplying or paying the cost of resupplying services; or

(b)        repairing, replacing or paying the cost of repairing or replacing goods.

6.12    Any products or services that we sell or otherwise provide to you through this Website, will be provided on terms notified to you at the time of the sale or provision.

6.13    You irrevocably indemnify us and our directors, officers and employees against any liability, claim or proceeding that is made or commenced against us, and against any liability, loss (including consequential loss), damage or expense that is incurred or suffered by us arising from a breach of these terms by you or as a result of your use of the Website.

 

7         Virus Warning

7.1    All care is taken to ensure that the Website is free from viruses. However, it is your responsibility to scan any such data for viruses.

 

8         Competitions

8.1    If you enter into a competition on our website, the competition will be subject to the competition terms and conditions.

8.2    If you are under the age of 18 years, parental or guardian consent may be required to enter into a competition.

 

9         Termination

 
Cancellation by Us

9.1    We may:

(a)        cease offering to provide goods or services;

(b)        by notice to you, terminate membership accounts; or

(c)        by notice to you, remove or edit content or cancel orders (in part or in whole),

at our sole discretion at any time.

9.2      We may terminate your access to the Website without notice to you if you fail to comply with any provision of this agreement.

9.3      Upon termination by us by written notice to you, you must immediately cease to use the Website.

9.4      Without limiting the operation of any other term, we will not be held liable for loss or damage arising from the exercising of these rights.

Survival

9.5      Upon the termination of this agreement, the clauses relating to intellectual property, disclaimer, limitation of liability and restrictions of use remain in force.

 

10       Applicable Law

10.1    These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and all courts which have jurisdiction to hear appeals from those courts.

10.2    As the laws of other countries may differ from Australia, the Website is designed to only be used by users who are resident and located in Australia.