IN THESE TERMS AND CONDITIONS:
This website (the “Website”) is owned and operated by Uprise Services Pty Ltd (ACN: 610 179 229) (the “Provider”).
The Provider provides behavioural health screening and educational tools and support via the Website and via other means including via telephone and other electronic means (the “Services”).
Any person accessing the Website or Services is referred to as a “User” in these Terms and Conditions.
The person engaged by the Provider as a coach to interact with a User is referred to as an “Uprise Coach”.
Users are entitled to access and use the Services available through the Website at no cost to the User, pursuant to an arrangement between the Provider and the User’s employer (the “Employer”). Should the terms of the Provider’s arrangement with the Employer change, a User may no longer be able to access the Services, in the Provider’s discretion. Acceptance of these terms and conditions can only be in full. Any attempted alteration of these terms and conditions by the User is not binding on the Provider. If the User does not agree with any of these terms and conditions, the User must not use the Services. The User agrees to be personally bound by these terms and conditions through their use and/or continued use of the Services.
The User must provide and is responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Website and Services.
The User is responsible for protecting the User’s login details. A User who shares their login details with another person is responsible for the actions of the other person in their access and use of the Website. The User must notify the Provider immediately if there is any unauthorised use of the User’s profile.
The Services offered are not directed towards or offered to a person under 18 years of age. A person under 18 years of age may use the Services only with the valid written consent of a parent or legal guardian. If the Provider becomes aware a person under 18 years of age is using the Services without parent or legal guardian consent, it reserves the right to deactivate that person’s profile and delete any information pertaining to that person.
When using the Services, the User is to:
- review the online course materials and complete the activities assigned to them in a timely manner;
- conduct their communications in a way that maximises their ability to benefit from the communications (e.g. not be under the influence of drugs or alcohol when using the Services);
- undertake the initial assessment questionnaire in a way that maximises their ability to benefit from it (e.g. not be under the influence of drugs or alcohol when completing the questionnaire);
- give their Uprise Coach accurate, relevant and timely information when requested;
- complete the online assessments in a timely manner; and
- ensure their profile information is correct and updated as needed.
The User acknowledges that the full benefit of the Services may not be obtained by the User if these requirements are not complied with.
The Provider makes available on the Website a series of videos to be viewed by the User, along with an initial screening questionnaire. Based on the User’s responses to the initial screening questionnaire, the User will be provided with additional videos and activities for them to undertake over a series of weeks. A User may receive a telephone call, message, live chat or email from an Uprise Coach to check the User’s progress with the online materials, to answer any questions they may have and provide psycho-educational coaching. A User may interact with an Uprise Coach by telephone, via instant messaging on the Website or by email. A User may be sent online questionnaires in order to assess the effectiveness of the Services and to check on the User’s wellness. If the Provider forms the opinion that a User requires assistance beyond the scope of the Services the User will be invited to contact their General Practitioner, another Medical or Allied Health Professional or their Employer’s Employee Assistance Program.
A User who undertakes one or more Uprise courses agrees to:
- progress at the recommended pace;
- communicate via telephone, email or instant messaging with an Uprise Coach from time to time and as needed or requested by the Provider or User; and
- complete online questionnaires as sent by the Provider from time to time.
Uprise courses are not a substitute for face-to-face professional assistance. The courses are not designed for crisis management. If a User is in distress, they should seek immediate personal assistance from a medical or mental health professional.
A User who is feeling suicidal or needs to talk to someone should phone Lifeline Australia on 13 11 14 or the relevant suicide hotline for the User’s country if outside Australia.
The User agrees that the Services are not appropriate if:
- they are experiencing an emotional or similar crisis;
- their or another person’s personal safety is at risk;
- they require urgent medical treatment; and/or
- any doubt exists regarding the selection or appropriateness of any of the Services.
If any one or more of these situations apply, the User must seek immediate medical advice from an appropriately qualified healthcare professional.
RESTRICTIONS ON USE
A User must not do any one or more of the following:
- use the Services for non-personal or commercial use;
- 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;
- cause the Website, in part or in whole, to be framed or embedded in another website;
- commercialise any content, products or services on the Website; and/or
- 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 and conditions.
INTELLECTUAL PROPERTY RIGHTS
All right, title, and interest in and to the intellectual property subsisting in the Website and the Services (as between the Provider and the User) remains with the Provider or its licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to the User by these terms and conditions.
USER PROVIDED CONTENT
The Website may contain information or material which is posted by a User (“User Provided Content”). For all User Provided Content, the Provider is a publisher only and is not responsible for the content, accuracy or completeness of this information.
A User who submits User Provided Content to the Website:
- agrees that the content will be treated by the Provider as being confidential;
- grants to the Provider a perpetual and irrevocable licence to use, the User Provided Content in a manner that would not identify the user;
- promises that their User Provided Content is owned by them or they have authorisation from the owner to submit that content; and/or
- must not submit any User Provided Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by the Provider to be in breach of this condition may be removed from the Website by the Provider).
The Provider will de-identify all User Provided Content prior to use or publishing.
Users must not use any Provider trade marks without the prior written approval of the Provider.
Links provided to other websites are provided for convenience only. The Provider does not endorse or have control over the content of those websites.
The Provider reserves the right, at its sole discretion, to modify or replace any part of these terms and conditions. The Provider will use its best endeavours to notify the User via the User’s email address when these terms and conditions are modified or replaced. It is the User’s responsibility to check the Website for changes to these terms and conditions. If the User accesses the Website and uses the Services after a notified change to these terms and conditions, it will be deemed to be accepted. The Provider may offer new features, functionality or services through the Website. Such new features, functionality and services, if offered, are offered subject to these terms and conditions.
The Provider may terminate or suspend the User’s account at any time without notice if:
- the User is in breach of these terms and conditions;
- the User is behaving in an aggressive, hostile or inappropriate manner towards an Uprise Coach;
- the User’s employment is terminated; or
- the Provider reasonably believes that the User is using the Website or the Services in bad faith.
Upon termination by the Provider:
- the User will not be able to use the Services;
- the User’s profile will be deactivated from the Website; and
A User may withdraw or terminate participation in the Services at any time by providing written notification to the Provider. The Provider may contact the User after withdrawal or termination to conduct an exit interview and/or provide referrals, if deemed appropriate in the circumstances. Subject to the determination of any relevant professional body or otherwise in accordance with standard industry practice, the Provider will make available to the User a copy of the User’s stored clinical data, if requested by the User within 90 days of termination or withdrawal. These terms and conditions survive termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
LIMITATION OF LIABILITY
The Provider does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act (Cth) which cannot be excluded, restricted or modified. However, the Provider does exclude all other rights, remedies, conditions, and warranties in respect of goods and services (including the Services) and the Website which may be excluded under law, custom or statute.
To the maximum extent permitted by law, the Provider’s liability in respect of any goods or services purchased from or provided through the Website which cannot be excluded is limited to the lesser of:
- the replacement of any goods or services purchased; and
- a refund of the price paid to the Provider for that good or service (provided that where the price is paid by an Employer the Employer will be entitled to any such refund).
The Provider will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data. Loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Website and Services, even if the Provider has been advised of such damages or losses.
The Website and Services are provided as-is and as-available. The Provider makes no warranties of any kind, express or implied, about the Website or the Services. The Provider is not liable to a User or any other person in respect of any interference with or damage to a computer system or any other device which occurs in connection with the use of the Website or the Services. The Provider reserves the right to modify, suspend, or terminate the operation of or access to the Website, the Services, or any portion of the Website or Services, and to interrupt the operation of the Website or Services or any portion of the Website or Services, as necessary to perform maintenance at any time, for any reason and without notice.
Each User indemnifies the Provider, its related bodies corporate, subsidiaries, licensees and assigns, and their respective officers, agents, partners and employees in respect of any claims, loss, damage, or costs (including legal costs on a full indemnity basis) arising from or in connection with:
- any breach or alleged breach by a User of these Terms and Conditions;
- the User’s use of the Website and the Services; and
- any violation by a User of any law or the rights of any third party.
The Provider’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of those rights.
These Terms and Conditions constitute the entire agreement between the User and the Provider regarding the User’s use of the Website and the Services, superseding any prior agreements between the User and the Provider relating to the User’s use of the Website and Services.
APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws applicable in New South Wales, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Last Updated: Nov 2018.