Terms & Conditions

Terms and Conditions for E-Mental Health

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE E-MENTAL HEALTH WEBSITE

These terms of use are effective from 27 March 2014.

E-Mental Health is intended for use in Australia only.

1.  E-Mental Health

(a)  “E-Mental Health” (the Website) is provided by CanTeen – The Australian Organisation For Young People Living With Cancer (ABN 77 052 040 516) of Level 11, 130 Elizabeth St, Sydney, NSW, 2000 (We or Us).

(b)  This document sets out the terms and conditions (Terms) on which you (You) may access and use the Website. These Terms apply in addition to any other terms and conditions to which You are subject in relation to the Website, including:

(1)              the CanTeen website at www.canteen.org.au;

(2)              the privacy policy at (Privacy Policy); and

(3)              any relevant third party terms and conditions,

(collectively, Other Terms). In the event of any inconsistency between these Terms and the Other Terms, these Terms will prevail to the extent of the inconsistency.

(c)  By registering, accessing and using the Website, You accept and agree to these Terms (and any applicable Other Terms) without any limitation or qualification. These Terms constitute a legally binding agreement between You and Us. If You are under 18 years of age, then Your guardian or caregiver needs to consent to You registering, accessing and using the Website.

(d)  We may change these Terms from time to time by posting the changed Terms on the Website. By You continuing to use the Website, such changed Terms will apply from that point forward.

(e)  You warrant to Us that You have the authority to enter into an agreement with Us on these Terms.

2.  Logging in

(a)  The Website contains general information that You can access without registering. However, most information and features (including the ‘Young People’s Dashboard’) cannot be accessed without logging in. If You would like to access these features, You will need to register.

(b)  To register You must be between the age of 12 and 24.

(c)  On the registration page, You can select from 3 different levels of access by selecting one of the following options:

(1)              ‘I want to read only’ (Read–only Access);

(2)              ‘I want to read and post to the forums’ (Read and Post to Forums Access); or

(3)              ‘I want full access to everything’ (Full Access).

(d)  When you register, You will need to provide:

(1)  varying levels of information on the registration page depending on which level of registration You select; and

(2)  a user name and password (Your Login),

(collectively, Your Registration Information).

(e)  You warrant to Us that You will provide Us with accurate, truthful and complete Registration Information and that You will keep Your Registration Information accurate and up to date.

(f)  You must not provide details of your Login to any other person. You must not allow any other person to use your Login.

(g)  You acknowledge that You are solely responsible for all activity that occurs under Your Login

3.  What you can do on Your Dashboard

(a)  Once You have registered and logged in, You will be able to access Your personal ‘Young People’s Dashboard’ (Your Dashboard).

(b)  In Your Dashboard, You can follow the visual and text prompts to:

(1)  contact a counsellor;

(2)  follow the links to watch a webinar;

(3)  if You have Read and Post to Forums Access or Full Access, chat online with other users on Our forums; and

(4)  if You are over 18 and have Read and Post to Forums Access or Full Access, access and use Your mailbox to send messages to other users (Private Messaging).

(c)  On the ‘Connect with peers’ page, You can access Our blogs and forums and:

(1)  read blogs; and

(2)  if You have Read and Post to Forums Access or Full Access, post comments.

(d)  On the forum page, You will be able to:

(1)  read forum threads;

(2)  if You have Read and Post to Forums Access or Full Access, post comments; and

(3)  if You have Full Access, post emoticons.

(e)  On the ‘Contact a counsellor’ page, You will be able to access counselling sessions (Personal Counselling Sessions). On this page, You may follow the visual and text prompts to:

(1)  chat to a counsellor online;

(2)  get a contact number to phone a counsellor;

(3)  email a counsellor; and

(4)  if You have Full Access, request an appointment with a counsellor.

4.  Personal Counselling Sessions

(a)  Personal Counselling Sessions are provided by health professionals.

(b)  In the event that the Website stops working and We are in the middle of a Personal Counselling Session with You, We ask that You phone 1800 835 932 (1800 TelWeb) to continue the session.

(c)  You acknowledge that the advice that We provide during the Personal Counselling Sessions will be reliant on, and based on, the information that You provide to Us. Always ensure that You provide truthful information and bring anything that You feel is important to Our attention.

(d)  You are responsible for how you interpret or use the Personal Counselling Sessions and any actions You may take as a result of the Personal Counselling Sessions.

5.  Chatting, blogs, forums, Private Messaging and being part of Our online community

(a)  We want to create an online forum that is helpful and safe for everyone. This means that You need to follow our values when You chat with others or use Our forums and blogs, including:

(1)  respecting others (meaning that You allow everyone to have their view heard, and accept that people see the world differently); and

(2)  treating others the way that You would like to be treated.

(b)  You must not share other people’s information without their permission, for example, by copying and pasting information or telling other people outside the forum or blog about what has been discussed.

(c)  You are responsible for:

(1)  all chats and content that You post or upload; and

(2)  all of Your activity on the Forums.

(d)  You acknowledge that all chats and content that You post or upload (including Private Messages) will be backed up by Us and may be accessed by Us for technical reasons or in the event that We suspect that You are breaching these Terms.

6.  Material that You upload or post to the Website

(a)  By using the Website, You will be sharing, posting and submitting your experiences, information, details and content with other people (Your Content).

(b)  You must not post, submit or upload anything that:

(1)  is an unauthorised commercial communication (such as spam);

(2)  may interfere with how the Website might function for other people;

(3)  may make You feel uncomfortable either now or in the future;

(4)  breaches any law or regulation or could encourage a violation of any law or regulation;

(5)  is harmful (including due to any virus, worm or trojan horse);

(6)  is threatening, or is (or is likely to be) defamatory, abusive, libellous or fraudulent, is inflammatory, scandalous or profane;

(7)  does, or is likely to, denigrate, marginalize or offend any person or class of person based on race, ethnicity, nationality, sex, age, sexual preference, religion, disability, political belief or marital status;

(8)  refers to or depicts any illegal activities or violence;

(9)  solicits login information from another user;

(10)  bullies, intimidates, or harasses any other person;

(11)  infringes or violates someone else’s rights (including intellectual property rights); or

(12)  impersonates any person or entity.

(c)  We reserve the right not to post or publish any of Your Content that We believe does not comply with these Terms. We may also remove Your Material without notice, for any reason, at any time, including without limitation if technical problems, irregularities or misuse occurs or We suspect it may occur.

(d)  You warrant to Us that:

(1)  Your Material is all Your own information or material, and that it does not infringe the rights of any other person; and

(2)  You own all right, title and interest in and to Your Material (or that You otherwise have the right to licence or sublicense Your Material to Us in accordance with these Terms).

(e)  You grant Us and Our nominees a royalty-free, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide licence to use, publish, reproduce, transmit, distribute, modify, edit, display, translate, enhance, sublicense and adapt Your Content and all intellectual property rights You may have in Your Content in any medium and for any purposes.

(f)  You consent to Us and Our nominees using, publishing, reproducing, transmitting, modifying and adapting Your Content without any further reference to You or attribution of authorship (for example, We may, but are not obliged to, remove identifiable features in a quote that You post to protect Your anonymity). You acknowledge that Your consent is irrevocable and is a genuine consent given under Part IX of the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

(g)  You should be aware that We cannot control how Your Content can be used outside of Our Website.

7.  General information on our Website

(a)  This section 7 applies to all information on the Website other than Personal Counselling Services.

(b)  The information on this Website is not medical advice. It is generic and does not take into account your personal circumstances, physical wellbeing, mental status or psychosocial requirements.

(c)  Do not use this information to treat or diagnose your own or another person’s medical condition and never ignore medical advice or delay seeking it because of something on this Website.

(d)  Any medical questions should be referred to a qualified healthcare professional. If in doubt, please always seek medical advice.

8.  Your general responsibilities

You are responsible for:

(a)  all of Your activity on and in connection with the Website;

(b)  all of the Your Materials that You submit into, or post onto, the Website; and

(c)  what You access on the Website, how You interpret or use the Website and any actions You may take as a result of using the Website.

9.  Other products or services not endorsed

We do not endorse or recommend any products or treatments referred to on this Website

10.  Termination

(a)  You may stop using the Website at any time for any reason, without notice to Us.

(b)  We may terminate, disable, lock, block or suspend Your access to the Website:

(1)  if We feel that Your access is not in your best interest or the interest of others;

(2)  if You breach, or We suspect on reasonable grounds that You have breached, these Terms or any Other Terms.

(c)  We may also remove information that You provide that we consider offensive or harmful or not in the best interest of others.

11.  Your info

(a)  Use of the Website may involve you providing some personal information and being aware of how this information is used for your care and when chatting with others in the online community.

(b)  When you register, We will communicate with You about services We offer that might help You. You will be able to choose whether you would like to receive this information by phone, email or Facebook email.

12.  Why do We need Your info?

Providing Us with Your personal details signs You up for our online community and gives You access to resources and support for Your situation. You can choose what You want to tell Us, however the information You provide helps us to customise and provide the best services and support for You. The more we can learn about You, the better services We can offer. However We know that not everyone wants the same information or support, so We’ve offered a few different ways to access the Website, depending on what You tell us.

13.  Security of Your information

(a)  If We are providing you with a counselling service, We are required by law to keep a written record of these sessions. This helps Us review how we are helping You and also means that we have all your details in one place. These records are stored securely and subject to appropriate access limitations.

(b)  We would like to make You aware that We use other third party companies to provide some of the services on the Website, including webinars and chat services. These companies may be able to view your username and other details while they are providing the service but are bound by confidentiality agreements with Us to protect your information. Some of these companies may be located in the United States and other countries. You agree that if the third party breaches your privacy, we will not be accountable for them under the Privacy Act and you may not be able to seek redress under the Privacy Act.

14.  Confidentiality and our duty of care

(a)  You do not need to identify Yourself and may use a pseudonym. However, We encourage You to provide us with Your name and contact information because it’s an important way of Us being able to support You. If at any stage We become worried about Your safety or the safety or someone close to You we may need to get other people involved to help You. If this happens, We will need to let them know enough information to help You. If We think this may happen We will try Our best to let You know first.

(b)  If We see from Your communications (including Private Messaging) that You are distressed, We may reach out to You via Private Messaging if it is between the hours of 10am and 10pm on a weekday or 11am to 6pm on the weekend, and we may take other appropriate steps (e.g. notifying health services) to help protect your health and safety. That’s because We are here to help You. It is Your choice about whether You want to respond but We hope that You will so that We can support You in the best possible way.

15.  What We expect from You

It’s best to register with an email address that is private. This means that only You know the password and can see the emails that come in and go out.  Your username and password also keeps Your information safe so think carefully about choosing a password that other people can’t guess easily.

16.  What You can do with materials on Our Website

(a)  All rights (including intellectual property rights) in all content and materials on Our Website are owned or licensed by Us. “CanTeen”, “Raise More than a Sweat”, “Terrific Picnic”, “Now What” and “National Bandanna Day” are Our registered trademarks.

(b)  Subject to section 16(c), You must not reproduce, modify or adapt any content or material on the Website.

(c)  We consider that the sharing of information about cancer and health is important, so You may print and download Our documents that We publish on the Website from this Website in their unaltered, complete form for your own personal non-commercial use. We grant You a limited, personal, non-exclusive, revocable, worldwide license to those documents to this effect on condition that you must:

(1)  include the “CanTeen – The Australian Organisation For Young People Living With Cancer” copyright notice (and not remove any existing copyright or other proprietary notice);

(2)  acknowledge that the document is reproduced with the permission of “CanTeen – The Australian Organisation For Young People Living With Cancer” and identify the full name of the document (for example – ‘‘title of document’ © CanTeen – The Australian Organisation For Young People Living With Cancer. Reproduced with permission.’;

(3)  not alter or modify the document at all (unless you have first obtained Our written permission);

(4)  not hold the document out as being medical or clinical advice;

(5)  not use the document in any way that suggests that you are affiliated with, or endorsed by, Us; and

(6)  not distribute (in any way) the document to third parties without first getting Our written permission.

17.  Links to third party websites

The Website may contain links to other websites or applications owned, operated or produced by third party organisations independent of Us (Third Party Sites). The links are provided for convenience only and We have not verified and do not sponsor, endorse, recommend or approve the operators of, or any materials on (including information, products or services), those Third Party Sites.

18.  If You would like to add a link to the Website

(a)  You may provide a link to this Website from a third party website (Your Link), subject to the following conditions:

(1)  You must notify Us of Your Link and provide any further details that we request.

(2)  You must clearly identify Your Link on the relevant website as a link to the Website of ‘CanTeen – The Australian Organisation for Young People Living with Cancer’.

(3)  You must regularly check Your Link to ensure that it remains current.

(4)  You must not provide Your Link in a manner that in any way disparages or may adversely affects Our reputation.

(5)  You must not use Your Link for Your own commercial or fundraising purposes.

(b)  We reserve the right to cancel Our consent to Your Link at any time and, if We request, You must immediately remove Your Link to the Website.

(c)  You acknowledge that We are not responsible for any information or material contained on any third party website.

19.  Third party tools

Certain tools, devices, software programs or other features (Tools) available on or through the Website may be provided by third parties. These Tools are provided or made available as a convenience to You. These Tools are not owned or operated by Us and We are not responsible for examining or evaluating the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.

20.  Restrictions on use of Website

You agree that You will not:

(a)  use any information on this Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain; or

(b)  use any device, software or process to interfere or attempt to interfere with the proper working of this Website.

21.  Warranties

(a)  All information on this Website is subject to change without notice.

(b)  We cannot guarantee that this Website will be free from viruses, or that access to this Website or a Third Party Site will function as intended or be uninterrupted.

(c)  While reasonable effort is taken to ensure that the information on this Website is accurate, subject to section 4 this information is:

(1)  general information provided on an ‘as is’ basis (for example, it may at times be out of date and include errors or omissions); and

(2)  as outlined in section 7, not medical advice and is not tailored to your particular circumstances or condition.

(d)  Since electronic services are subject to interruption and breakdown, access to the Website is offered on an ‘as is’ and ‘as available’ basis only.

22.  Indemnity

You indemnify Us in respect of any liability incurred by Us for any loss, cost, damage or expense (howsoever caused) suffered by Us as a result of or in connection with:

(a)  your breach any of Our intellectual property rights in connection with this Website; and

(b)  Your Content.

23.  Your consumer rights

(a)  Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

(b)  If You suffer any loss in connection with the Website, You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.

(c)  Subject to Your Consumer Rights, we are not liable:

(1)  for any loss that was not reasonably foreseeable to You and Us; and

(2)  to the extent that Your loss was contributed to by You or any other matter outside of Our reasonable control.

24.  General

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.

25.  Complaints

If You have a complaint or want to provide feedback about the Website, You can contact Our national office on the details below:

Email: online@canteen.org.au

Phone: 1800 835 932 (1800 TelWeb)

If You’re unsure about anything or would like to know more, just get in touch!