Staying Ahead program – Service Terms
Please read these terms carefully before using the Program. By registering for the Staying Ahead program, you accept these terms.
These terms (Terms) set out and confirm various matters relating to the use of the Staying Ahead program (Program).
The Terms constitute an agreement concluded between: (i) Prevention United ABN 66 623 532 392 and its related bodies corporate (Prevention United, we or us); and (ii) the registered user using the Program (you).
1. Use of the Program
Subject to these Terms, you may use the Program.
By using the Program, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the Program.
We recommend that you print a copy of these Terms for future reference, noting however that they may be amended from time to time in accordance with paragraph below.
2. Licence, access and purpose
Prevention United grants you a revocable and limited licence to access and use the Program in accordance with these Terms and solely for the purpose of: (i) submitting information onto the Program; (ii) viewing and downloading information available on the Program; and (iii) printing the information available on the Program (together, Authorised Purpose).
In order to access this Program, you may need to use a specific user ID, email address or other login information, such as a password (Login Information).
You must not disclose your Login Information to any person or otherwise allow any person to access the Program using your Login Information.
You must not disclose other security information relating to the Program to any third party.
You agree to notify Prevention United immediately on becoming aware, or have reasonable grounds to suspect, that Login Information has been lost or stolen or has otherwise been disclosed or become known by a person other than yourself.
You must not access or use this Program for any purpose other than the Authorised Purpose, or access or use the Program in breach of any applicable law.
To the extent permitted by law, you are responsible and liable for the consequences of all use of the Program, including all acts and omissions relating to that use.
3. Payment and scope of these Terms
Pursuant to these Terms, and the Staying Ahead Terms of Use and Privacy Policy, once payment of the program fee has cleared, Prevention United will grant you access to the Program. You acknowledge that these Terms govern your use of the Program and not your use of any other Prevention United goods, services or websites.
All amounts payable are exclusive of any goods and services tax (GST) which shall be paid in addition to any amount specified as payable. We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.
We reserve the right to suspend your access to the Program if the terms of payment are not strictly adhered to by you.
4. There are other terms that may apply to you
Our Privacy Policy, which sets out how we manage personal information we collect from you, or that you provide to us, also applies to your use of the Program. By using the Program, you consent to us collecting, using and disclosing personal information provided by you in accordance with the Privacy Policy. Where you provide personal information relating to others, you will procure any necessary consent for us to collect, use and disclose that personal information. You warrant that all data you provide is accurate and complies with any applicable laws.
5. We may make changes to these Terms
We amend these Terms from time to time. Every time you login to the Program, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on the date listed below.
If we believe our amendments to these Terms are significant, then we will provide a notification via email outlining the nature of such amendments.
6. We may make changes to the Program
The Program will have such functionality and features as we determine to provide from time to time.
To the extent permitted by law:
(i) we may from time to time update or upgrade the Program and the modules without prior consent or notice to you;
(ii) certain functionalities of the Program may require the computer system to meet certain prerequisites (such as certain browser configuration);
(iii) the prerequisites may vary from time to time; and
(iv) you are solely responsible for ensuring that your computer system meets all of the applicable prerequisites.
7. We may suspend or withdraw the Program
We do not guarantee that the Program will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Program at any time without prior notice to you for any or no reason. We will try to give you reasonable notice of any suspension or withdrawal.
8. You must keep your account details safe
When you register to use the Program, you will insert an email address and choose a password. Without limiting paragraph 20, you must treat such information as confidential and must not disclose it to any third party. You are solely responsible for activities that occur using your login credentials. It is your responsibility to keep your account information up-to-date and accurate at all times.
We have the right to suspend, disable or withdraw any username, password or user account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that login credentials have been compromised, you must promptly notify us at stayingahead@preventionunited.org.au.
9. How you may use material on the Program
Copyright in this Program (including text, graphics, logos, icons, sound recordings and software) may be owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than as expressly authorised by these Terms, you may not in any form or by any means:
(i) modify, adapt, distribute, publish or create derivative works from any part of this Program or from any information obtained from this Program; or
(ii) commercialise or sell any information, products or services obtained from any part of this Program, without our written permission or, in the case of third party material, from the owner of the copyright in that material.
10. Trade marks
This Program may include trade marks owned by us. You must not use any of our trade marks:
(i) in connection with activities, products or services which are not ours;
(ii) in a manner which may be confusing, misleading or deceptive; or
(iii) in a manner that disparages us or our information or services (including this Program).
You must not authorise or assist any person to do any of the acts specified above.
11. Do not rely on information on the Program
Although we make reasonable efforts to update the information on the Program, to the extent permitted by law, we:
(i) make no representations, warranties or guarantees, whether express or implied, that the content on the Program is accurate, complete or up to date; and
(ii) make no representation, warranties or guarantees, whether express or implied, that the information contained in the modules and the Program is accurate or applicable to you. This Program is not to be a substitute for health and medical advice from a qualified health or mental health professional. Users of the Program should always seek the advice of a qualified health professional.
The information contained on this Program is provided by us in good faith on an "as is" basis and all users must verify the information before using the information.
The information contained on this Program is updated at regular intervals and may be sourced from third party sources. To the extent permitted by law:
(i) we do not make any representation or warranty that the information available on the Program at any given time is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure; and
(ii) we do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Program.
You should make your own enquiries and seek advice before acting or relying on any information or material which is made available to you pursuant to the Program.
You acknowledge that we may be only a distributor, not a publisher, of content on this Program. Where the information made available contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.
12. Termination of access
Access to this Program may be terminated or suspended at any time by us without notice if you are in material breach of these Terms and such a breach cannot be remedied.
We reserve the right to terminate your access this Program if you breach these Terms.
These Terms will nevertheless survive any such termination.
13. Our responsibility for loss or damage suffered by you
To the extent permitted by law:
(i) we do not warrant that access to the Program will be uninterrupted, or that the services offered on the Program will be error-free. We go to reasonable lengths to ensure that the information on the Program is complete, accurate and up to date. However, we make no representation as to the accuracy, currency or completeness of any information or services on the Program;
(ii) we exclude all terms, conditions, representations and consumer guarantees, express or implied in relation to the Program (or its use or functionalities);
(iii) we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data, loss of income or loss of profits, arising from or in connection with the access or use of the Program or any services available on the Program (including the inability to use the Program); and
(iv) you indemnify Prevention United from and against any liability, damage and expense that you incur or suffer as a result of any action, inaction or omission on your part in connection with the Program, or the misuse (or deemed misuse) of the Program by you, except to the extent that such liability, damage or expense is caused by the negligence or wilful misconduct of Prevention United or its employees.
14. Uploading content to the Program
Where you are uploading information (including personal and health information) to the Program, you must ensure and warrant to us that you have the express consent to disclose that information and other details to us.
15. We are not responsible for viruses and you must not introduce them
To the extent permitted by law, we do not guarantee that the Program will be secure or free from bugs or viruses or that a user’s access to the Program will be uninterrupted due to the nature of the internet.
You are responsible for configuring your information technology, computer programmes and platform to access the Program. You should use your own virus protection software and take your own precautions to ensure that the process which you employ for accessing this Program does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You must not misuse the Program by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Program, the server on which the Program is stored or any server, computer or database connected to the Program.
For the avoidance of doubt, and to the extent permitted by law, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Program or any linked website.
16. Security
You acknowledge that the nature of internet and electronic means of communication are inherently insecure. While we will use reasonable endeavours to protect the security of the Program, we cannot provide any definitive assurance regarding security of the Program or the information stored on the Program. To the maximum extent permitted by law, we will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information due to unauthorised access to the Program or its database, or the interception of electronic communication between the Program and any computer systems.
17. Which country’s laws apply to any disputes?
These Terms are governed by the law of Victoria, Australia and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
18. Limitation of liability
Subject to any warranty, guarantee or right under the Competition and Consumer Act 2010 (Cth) or any other law which cannot by law be excluded by agreement:
(i) we give no warranties or guarantees, and you have no other rights, apart from those (if any) expressly set out in these Terms; and
(ii) all implied or statutory warranties, guarantees and rights are excluded.
Without limiting the foregoing, to the extent permitted by law:
(i) we do not give any warranty or guarantee of reliability, quality, merchantability, fitness for purpose or non-infringement;
(ii) we shall not be liable for any (a) special, indirect, incidental or consequential loss or damages, or (b) loss of profit, revenue, data, goodwill, customers or business, of any kind whatsoever in any way due to, resulting from or arising in connection with these Terms, the website or the content; and
(iii) in respect of any other loss or damage which may be suffered in any way due to, resulting from or arising in connection with these Terms, the website or the content, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise is limited to the fees paid by you in the period of 2 months prior to the claim.
19. User eligibility
You must be at least 18 years of age, and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age, in order to be eligible to use the Website. By using this Website, you represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful. Prevention United may, in its sole discretion, refuse to offer access to or use of the Program to any person or entity and change its eligibility criteria at any time.
Unless we agree otherwise in writing, you are provided with access to this Program for your use only. Without limiting the foregoing, you may not without our written permission on sell information obtained from this Program to any third party. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.
21. Linked sites
This Program may contain links to other websites (Linked Sites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Sites. Our links with Linked Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Sites, unless and to the extent stipulated to the contrary.
22. Severability
If any term of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
23. Force majeure
Neither party will have any liability for any failure or delay resulting from any condition beyond the reasonable control of that party, including governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and internet disturbances.
24. Assignment
You may not assign these Terms or any of your rights or obligations, by operation of law or otherwise, without our prior written approval and any attempted assignment will be void. To the extent permitted by law, we reserve the right to freely assign these Terms and our rights and obligations to any third party without notice or consent. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of you and us, their successors and permitted assigns.
25. General
If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Date: 30 June 2021
Disclosure Notice for Staying Ahead Program Service Terms
This Disclosure Notice contains important information about the mandatory disclosure of certain terms and conditions for certain registered users under the Staying Ahead Program Service Terms (Terms).
Pursuant to section 47A of the Fair Trading Act 1987 (NSW), Prevention United ABN 66 623 532 392 and its related bodies corporate (as applicable) (Prevention United, our or we) must take reasonable steps to ensure that certain registered users using the Staying Ahead Program (you) are aware of the substance and effect of any term relating to the supply of services that may substantially prejudice a User’s interests. Set out below is a summary of some of the relevant terms of the Terms that Prevention United would like to draw to your attention. Capitalised terms used in this Disclosure Notice have the meaning given to them in the Terms, unless otherwise defined.
· Clause 2 sets out the terms of the revocable, limited licence that is granted to you to use the Program solely for the Authorised Purpose (and not in breach of any applicable law). Certain Login Information is required to access the Program and you must not disclose it to any person or otherwise allow any person to access the Program, nor disclose any other security information relating to the Program to any third party. You must notify Prevention United if Login Information has been (or you suspect has been) lost or stolen. To the extent permitted by law, you are responsible and liable for the consequences of all use of the Program, including all acts and omissions to that use.
· Clause 3 provides that pursuant to the Terms, Staying Ahead Terms of Use and Privacy Policy, once payment of the program fee has cleared, Prevention United will grant you access to the Program. All amounts payable are exclusive of GST and Prevention United may set off an amounts we owe to you against any amount owing to use under or in connection with the Terms. We reserve the right to suspend your access to the Program if the Terms of payments are not strictly adhered to by you.
· Clause 4 provides that our Privacy Policy applies to your use of the Program. By using the Program, you consent to use collecting, using and disclosing personal information provided by you in accordance with the Privacy Policy. Where you provide personal information in relation to others, you will procure any necessary consent for us to collect, use of disclose that personal information (as is similarly provided in clause 14). In addition, you warrant that all data you provide is accurate and complies with any applicable laws.
· Clause 5 provides that we amend the Terms from time to time. Every time you login to the Program, you should check the Terms to ensure you understand the terms that apply at that time.
· Clause 6 provides that the Program will have such functionality and features as we determine to provide from time to time, including updating or upgrading the Program without your consent, requiring computer programs to meet certain prerequisites, and varying prerequisites. To the extent permitted by law, you are solely responsible for ensuring that your computer system meets all of the applicable prerequisites.
· Clause 7 provides that we may suspend, withdraw or restrict the availability of all or any part of the Program (which will not always be available or be uninterrupted) at any time without prior notice (although we will try give you reasonable notice) for any or no reason. Similarly, clause 12 provides that we may terminate or suspend access to the Program at any time without notice if you are in material breach of these Terms and such breach cannot be remedied.
· Clauses 8 and 20 provide that you are provided access to the Program for your use only (unless otherwise agreed). You must treat as confidential the information obtained from the Program (unless publicly available), including login credentials used to register to use the Program, and notify use if you know or suspect that login credentials have been compromised. You are solely responsible for activities that occur using your login credentials. We have the right to suspend, disable or withdraw any login credentials at any time, if in our reasonable opinion you have failed to comply with the Terms.
· Clauses 9 and 10 set out that the copyright and trade marks in this Program may be owned by us, and details the restrictions for your use of such copyright and trademarks, including no use without relevant permission or authorisation from us or (if relevant) third parties.
· Clause 11 (and clause 13(i)) details that you should not rely on information (including from third party sources) on the Program and you must make your own enquiries, verify, and seek your own advice before acting or relying on any information or material which is made available to you pursuant to the Program. We make no representations as to the accuracy, currency or completeness of any information or services on the Program, nor on any third party Linked Sites (as per clause 21). You acknowledge we are a distributor, not publisher, of content.
· Clause 13 details that, to the extent permitted by law, we exclude (i) all terms, conditions representations and consumer guarantees, express or implied in relation to the Program (or its use or functionalities); and (ii) all liability for any loss or damage, including consequential loss or indirect loss, loss of data, loss of income or loss of profits, arising from or in connection with the access or use of the Program or services available on the Program (including inability to use to Program). In addition, you indemnify Prevention United from and against any liability, damage and expense that you incur or suffer as a result of any action, inaction or omission on your part in connection with the Program, or misuse (or deemed misuse) of the Program by you, except to the extent such liability, damage or expense is caused by the negligence or wilful misconduct of Prevention United or its employees.
· Clauses 15 and 16 provides that, to the extent permitted by law, we do not guarantee the Program will be secure or free from viruses, and we do not accept liability in any way in relation to any breach of security or unintended loss or disclosure of information due to unauthorised access to the Program or database, or any interference or damage to your system arising from use of the Program. You are responsible for configuring your information technology (for example, virus protection software) to access the Program and you must not misuse, or attempt to gain unauthorised access to, the Program.
· Clause 18 details how Prevention United excludes its liability under the Terms, to the extent not already provided for.
· Clause 23 provides that neither party will have any liability for any failure or delay resulting from a force majeure event (as described in that section).
· Clause 24 details that you cannot assign your rights or obligations under the Terms without consent, but that we may freely assign our rights and obligations under the Terms without consent.
In providing the above summary, it is important to note this list is not exhaustive and you will need to ensure that you have carefully reviewed all terms and conditions of the Terms and sought independent professional advice. This summary does not limit your rights and obligations under the Terms or the Australian Consumer Law.
By registering for the program, you hereby acknowledge that you have completely read and fully understood the above summary, and as a result are aware of the substance and effect of any terms or conditions relating to the supply of the services in connection with the Terms that may substantially prejudice your interests.