Terms of Use and Privacy Policy

Terms of Use

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

In these Terms of Use, us, we or our means Prevention United (ABN 66 623 532 392) and any related bodies corporate.

This website (the Website) is a service made available by us and all content, information and software provided on or through the Website (Content) is subject to the following terms and conditions (Terms of Use). You must comply with all applicable laws and any applicable terms, including these Terms of Use and our Privacy Policy, as amended from time to time.

Website limited license. As a user of this Website, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website and Content in accordance with these Terms of Use. Except as expressly provided otherwise in these Terms of Use and to the extent permitted by law, we reserve the right to change or discontinue any Content, feature or service (or part thereof) on the Website at any time and without notice. Unless otherwise agreed, the Website and Content is provided for your personal use only. You must not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Website or Content.
Use of the Website and Content. Content contained on or made available through the Website is not intended to and does not constitute professional advice. The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances. To the extent permitted by law: (a) the accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed; (b) we accept no responsibility or liability whatsoever for use of the Website or Content including mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of content contained therein; and (c) your use of the Website, the Content or materials linked from the Website is at your own risk.
Professional medical advice and assistance. You must not rely on the information on this Website as an alternative to professional medical advice. If you have any specific questions about any professional matter, you should consult a professional services provider. You should never delay seeking professional advice, disregard professional advice or commence or discontinue any other action solely in reliance on information on this Website. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition.
Submission of content. We retain all intellectual property rights in the Website and Content. By uploading content to or submitting any materials for use on the Website, you grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute or sublicense such materials or incorporate such materials into any form, medium or technology now known or later developed, including in any print or electronic publication, subject at all times to the terms of our Privacy Policy. We may remove, amend or edit any information appearing on the Website or any content, abstracts or keywords in our discretion.
Your obligations. You must not: (a) use the Website for any activities which breach any laws or regulations or infringe any third party rights; (b) use the Website to send any spam or unsolicited electronic mail messages to anyone; (c) use the Website for fraud or any misleading or deceptive conduct; (d) use the personal information of another person in order to access or use the Website; (e) provide any personal information to us unless you have the consent of the relevant person for the provision of such information to us; (f) tamper with, hinder the operation of or make unauthorised modifications to the Website; or (g) link to or transmit any pirated software, hacker programs, warez site, bug, virus or other disabling feature to or through the Website.
Intellectual property rights. Except in respect of any content provided by you, or any other third party, we are the owner of all intellectual property rights in the Website and the Content and nothing in these Terms of Use transfers any such intellectual property rights to you. No part of the Website or any third party Content may be copied, reproduced, modified, adapted, published, communicated to the public, translated, used to create derivative works, distributed or incorporated into any other website or content, in whole or in part, without our prior written consent.
Moral rights. To the extent permitted by law, you: (a) grant us consent to do or omit to do any and all acts in relation to your Content that would otherwise infringe any past, existing or future moral rights in the Content; and (b) waive any rights you may have to take action against us in relation to any act or omission which would otherwise infringe any past, existing or future moral rights in your Content.
Linking to or from the Website. You may provide links only to the homepage of this Website, provided: (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage; (b) you give us notice of such link by sending an e-mail to stayingahead@preventionunited.org.au; and (c) you immediately discontinue providing links to this Website if requested by us. If you wish to provide links to a section within the Website, you should forward your request to us at stayingahead@preventionunited.org.au and we will notify you if permission is granted, and if so the terms and conditions of the permission.
No solicitation and exclusion of competitors. In no circumstances may any person or entity solicit any users with data retrieved from the Website for commercial purposes without our prior written consent. You are prohibited from using our Website, including the Content, in any way that competes with our organisation.
Advertisers. This Website may contain advertising or sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with all applicable laws. We will not be responsible for any error, inaccuracy, viruses or unlawful content in advertisers' or sponsors' materials or any related websites or content.
Registration. Certain sections of this Website require you to register. We reserve the right to refuse to register a user of the Website for any reason. If registration is required, you agree to provide us with accurate, complete and up to date registration information even if obtained or submitted through a third party. It is your responsibility to ensure that your information is accurate, complete and up to date. Each registration is for a single person only, unless otherwise indicated. We do not permit: (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorised use. We may at any time request a form of identification to verify your identity. You must ensure the security and confidentiality of your membership details, including your username and/or password. Your membership is not transferable, unless otherwise agreed by us. You are wholly responsible for all activities which occur under your membership details (including postings and unauthorised use of any credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be provided to or used by any other person. If you believe there has been unauthorised use, you must notify us immediately by emailing stayingahead@preventionunited.org.au.
Errors and corrections. To the extent permitted by law, we do not represent or warrant that: (a) the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected; or (b) the Content available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make improvements and/or changes to the Website, its features, functionality or Content at any time without prior notice.
Third party Content. Third party Content may appear on the Website or may be accessible via links from the Website. We do not verify any third party Content, which may not be complete, timely or accurate for your purposes. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party Content appearing on the Website. You understand that the information and opinions in the third party Content is not endorsed by us.
Posted content. If the Website allows (or is updated to allow) users to post content on the Website, you must not provide or post any content or information on the Website which is or is likely to be: (a) abusive, obscene, offensive, pornographic or indecent; (b) defamatory of any person; (c) in breach of the intellectual property rights or moral rights of any person; (d) in breach of any obligations of privacy or confidence; (e) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability; (f) in breach of any laws; or (g) false, misleading or deceptive.
Forums. If applicable, information posted on a forum by users of the Website has not been independently verified by us. To the extent permitted by law, we are not liable for any incorrect, misleading, deceptive, defamatory, obscene, offensive or pornographic material which is posted on any forum, nor are we liable for any material posted on any forum which is a breach of any intellectual property rights, moral rights or privacy rights of any party or of any law.
Moderation. If applicable, we may from time to time moderate the information appearing on the Website. To report undesirable posts or to bring to our attention users who may not be following these Terms of Use, please email stayingahead@preventionunited.org.au. Please do not post your grievances on the Website.
Fees. Any fees or charges payable to us must be paid within 14 days of our invoice, without deduction or set off by you. We will issue invoices to you electronically. 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 of Use.
Downloading and photocopying. Downloaded materials may be printed out, copied and distributed to the extent permitted by applicable copyright law, but may not otherwise be reproduced or distributed unless otherwise agreed in advance with us in writing. Materials downloaded and stored in machine-readable form may not be displayed electronically to more than one user at a time.
Availability of service. While we use reasonable endeavours to ensure that the Website is available continuously, to the extent permitted by law we do not provide any representations, warranties or guarantees that your access will be uninterrupted, timely, secure or error free. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or for any reason beyond our control.
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: (a) we give no warranties or guarantees, and you have no other rights, apart from those (if any) expressly set out in these Terms of Use; and (b) all implied or statutory warranties, guarantees and rights are excluded. Without limiting the foregoing, to the extent permitted by law, we do not give any warranty or guarantee of reliability, quality, merchantability, fitness for purpose or non-infringement.
Express disclaimer. To the extent permitted by law, we disclaim all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to: (a) any errors in or omissions from the Website or the Content; (b) any third party websites or content directly or indirectly accessed through links in the Website; (c) the unavailability of the Website or any portion thereof; (d) your use of the Website or any Content; (e) any content or comments contributed and/or published by any user of the Website; or (f) your use of any equipment or software in connection with the Website.
Limited remedy. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Limitation of liability. To the extent permitted by law, 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 of Use, the Website or the Content. 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 of Use, 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.
Unlawful activity. We may investigate complaints or reported violations of the Terms of Use and take any action we deem appropriate, which may include reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities.
Termination or suspension. If you fail to abide by these Terms of Use, we may immediately without notice or liability to you suspend or terminate your account, registration or access to any or all services available on the Website and you forfeit any fees or charges paid in advance. If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise use or access the Website.
Remedies for violations. We may seek any remedies available at law or in equity for any breach of these Terms of Use. In addition, we may edit, delete, block, reject, take down or remove any part or all of any Content where we reasonably consider there has been a breach of these Terms of Use.
Indemnity. You warrant that: (a) any content provided by you is your original work; (b) you own all rights in relation to such content; and (c) you are lawfully entitled to submit such content for publication by us on the Website without restriction. You indemnify us against any action, claim, demand or proceedings alleging that any content submitted by you infringes the rights of any person, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by us in connection with the foregoing.
No waiver. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. Any failure to assert any right under these Terms of Use shall not constitute a waiver of such right.
Affirmation regarding age. By using the Website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
Governing law and jurisdiction. These Terms of Use are governed by and to be construed in accordance with the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts of Victoria to determine any matter or dispute arising under or in connection with these Terms of Use.
Entire agreement/severability. These Terms of Use and the Privacy Policy constitute the entire agreement with respect to access to and use of the Website and Content. If any part of these Terms of Use is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
Updates and modifications to Terms of Use. We may amend or update these Terms of Use at any time for any reason without notice. Updated versions of the Terms of Use will appear on the Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such update or modification constitutes your agreement to such update or modification.

For any questions and notices, please contact us at:

Email: stayingahead@preventionunited.org.au

Last updated: 3 June 2021

Privacy Policy

Prevention United ABN 66 623 532 392 and its related bodies corporate (we, our, us) recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information. This document is our privacy policy and it tells you how we collect and manage your personal information.

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.

What is your personal information?

When used in this privacy policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

What personal information do we collect and hold?

We may collect the following types of personal information:

name;
mailing or street address;
email address;
telephone or mobile number;
age or birth date;
gender;
family history of mental health conditions;
information related to your current life stressors, self-care practices, mental wellbeing and level of psychological distress;
details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise; and
information you provide to us through our service centre, customer surveys or visits by our representatives from time to time.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.

How do we collect your personal information?

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

through your access and use of our website;
through your completion of the Staying Ahead health screening survey;
during conversations between you and our representatives;
when you complete an application or purchase order; or
when you subscribe to our newsletter or choose to receive updates from us.

Cookies

In some cases we may also collect your personal information through the use of cookies. When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.

What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

we may not be able to provide the requested products or services to you, either to the same standard or at all;
we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.

For what purposes do we collect, hold, use and disclose your personal information?

We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service.

We collect, hold, use and disclose your personal information for the following purposes:

to provide products and services to you and to send communications requested by you;
to provide a personalised program to suit your health status and history;
to answer enquiries and provide information or advice about existing and new products or services;
to provide you with access to protected areas of our website;
to assess the performance of the website and to improve the operation of the website;
to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;
for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of Prevention United, its related bodies corporate, contractors or service providers;
to provide your updated personal information to our related bodies corporate, contractors or service providers;
to update our records and keep your contact details up to date;
to process and respond to any complaint made by you; and
to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

To whom may we disclose your information?

We may disclose your personal information to:

our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers and IT systems administrators;
law enforcement and health agencies in the event someone is at risk of harm to self or other; and
any organisation for any authorised purpose with your express consent.

We may combine or share any information that we collect from you with information collected by any of our related bodies corporate (within Australia).

Direct marketing materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

We do not provide your personal information to other organisations for the purposes of direct marketing.

How can you access and correct your personal information?

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.

What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information below and provide details of the incident so that we can investigate it.

We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Our Privacy Officer deals with privacy complaints and any complaints should be directed to our Privacy Officer using the contact details below. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process.

After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.

Do we disclose your personal information to anyone outside Australia?

We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including our newsletter database and 2 factor authentication service providers, which are located in the United States of America.

Security

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed.

As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links

Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Contacting us

If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please use the contact link on our website or contact our Privacy Officer using the details set out below.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.

Please contact our Privacy Officer at:

Privacy Officer
Prevention United
Email:info@preventionunited.org.au

Changes to our privacy policy

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. Please review it regularly.

This privacy policy was last updated on 3 June 2021.