ConnectWell Terms and Conditions

These Terms and Conditions (T&Cs) set out the terms on which you agree to use and access the ConnectWell solution (ConnectWell) through Us.

If you have any questions about ConnectWell, or these T&Cs, you can contact us by email at [email protected].

1.1 ConnectWell is an online tool box for mental health, alcohol and other drug and wellbeing treatment resources.

1.2 It includes wellbeing articles, videos and online clinical modules.

1.3 You should always seek advice from a qualified provider for medical conditions.

1.4 Please ensure that you carefully read and fully understand the terms of these T&Cs before proceeding with using ConnectWell and clicking the “Register for ConnectWell” button below and proceeding use ConnectWell .

1.5 Once you click the “Register for ConnectWell” button, you will be bound by these T&Cs. If you do not agree to these T&Cs, do not click the “Register for ConnectWell” button.

1.6 In particular, you acknowledge and agree that:

(1) ConnectWell is intended to support mental health and well-being but is not a substitute for professional medical advice, diagnosis or treatment.

(2) you should always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition.

(3) you should never disregard professional medical advice or delay in seeking it before of any interaction you may have with ConnectWell.

(4) The use of ConnectWell is solely at your own risk. We disclaim any liability for decisions made or actions taken based on the information provided by ConnectWell.

2.1 Definitions

In these T&Cs:

(1) Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;

(2) Platform means the web platform hosted by Us and accessible at https://connectwell.liveslivedwell.org.au;

(3) Us, We and LLW means Lives Lived Well Limited ACN 154 079 533; and

(4) You means the individual access or using ConnectWell via the Platform.

2.2 Interpretation

(1) Reference to:

(a) one gender includes the others;

(b) the singular includes the plural and the plural includes the singular;

(c) a person includes a body corporate;

(d) a party includes the party’s executors, administrators, successors and permitted assigns;

(e) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

(i) that Statutory Provision as amended or re-enacted;

(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision; and

(iii) another regulation or other statutory instrument made or issued under that Statutory Provision; and

(f) money is to Australian dollars, unless otherwise stated.

(2) “Including” and similar expressions are not words of limitation.

(3) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

(4) Headings and any table of contents or index are for convenience only and do not form part of these T&Cs or affect its interpretation.

(5) A provision of these T&Cs must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the T&Cs or the inclusion of the provision in the T&Cs.

(6) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.

3.1 We grant you a revocable, non-exclusive, non-transferable, limited licence to access and use ConnectWell for your own personal, non-commercial uses strictly in accordance with these T&Cs.

3.2 You will not, nor allows others to:

(1) licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit ConnectWell;

(2) make ConnectWell available to any third party; or

(3) remove, alter or obscure any proprietary notice relating to ConnectWell .

Having read the information provided to you, you understand and agree that Lives Lived Well:

(1) Is seeking your consent to services being delivered to or for you, which may include contact from ConnectWell Digital Case Managers and Digital Peer Workers.

(2) May obtain information about you from other agencies or professionals for your benefit.

(3) Will ask you for additional consent before using or sharing your information in any other way.

(4) Will obtain information about you and will maintain confidentiality under the Australian Privacy Principles.

(5) Will provide your information without your consent only when required by law, or if there is a risk to your safety or the safety of others.

(6) Will collect and keep information about you for record-keeping and data collection purposes.

(7) Will use your information for reporting to funding bodies or other government agencies for statistical purposes, which includes de-identified records which may include information such as Date of Birth and Gender, but will not include name and address.

(8) De-identified information may be used for research and evaluation, internal review as part of quality improvement activities, or to improve and develop its services, or train professional people and students.

(9) May contact you following your treatment to follow up on your progress, and to seek feedback.

(10) May contact you directly or through University research partners to complete pre or post-service assessments and follow-ups.

(11) You understand that you can request to access the information we hold about you, or give a third party signed consent to request that information on your behalf.

4.1 We may modify ConnectWell from time to time to provide better support and improve its functionality.

4.2 You acknowledge that to do this, we may suspend or discontinue ConnectWell temporarily.

4.3 We may suspend or discontinue ConnectWell permanently at any time and without notice to You.

4.4 We will not be liable in any such circumstance.

These T&Cs will remain in effect whilst You are using ConnectWell and will recommence each time you seek to access ConnectWell and agree to these T&Cs.

6.1 Except as expressly provided to the contrary in these T&Cs, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to ConnectWell are excluded to the extent permitted by law.

6.2 If a guarantee under the Australian Consumer Law applies to these T&Cs, our liability for failure to comply with the guarantee is limited to supplying the services (being access to ConnectWell) again.

6.3 You warrant that you have not relied on:

(1) any term, condition or warranty, undertaking, inducement or representation made by or on behalf of us which has not been stated expressly in these T&Cs; or

(2) any description or illustrations or specifications contained in any document including any catalogues or publicity material produced by us if it is not incorporated in or referred to expressly in these T&Cs.

7.1 You indemnify Us against:

(1) all losses and liabilities incurred by Us; and

(2) all costs actually payable by Us to our own legal representatives (whether or not under a costs agreement) and other expenses incurred by You in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);

arising directly or indirectly as a result of or in connection with your breach of these T&Cs.

7.2 You release Us from all liability and any claim, action, proceeding or demand which may arise as a result of You accessing and using ConnectWell.

8.1 If anything in these T&Cs is unenforceable, illegal or void then it is severed and the rest of these T&Cs remains in force.

9.1 These T&Cs, and any document expressly incorporated into these T&Cs:

(1) is the entire agreement and understanding between the parties on everything connected with the subject matter of these T&Cs; and

(2) supersedes any prior agreement or understanding on anything connected with that subject matter.

10.1 An amendment or variation to these T&Cs is not effective unless it is in writing and signed by the parties.

11.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

11.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

11.3 A waiver is not effective unless it is in writing.

11.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

12.1 The law of Queensland governs these T&Cs.

12.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.