UPRISE TERMS AND CONDITIONS OF USE
Uprise provides behavioural health screening and educational tools and support. This may consist of access to the Uprise technology platform (the “Platform”) which may be accessed via this Website or via Android or iOS application.
Uprise also provides digital psychoeducation and telehealth intervention services via the Platform and via other means including via telephone and other electronic means (the “Uprise Services”).
Uprise also licences the Platform to third parties (“Licensed Third Parties”) to enable them to provide digital psychoeducation and telehealth intervention services (the “Third Party Services”).
Uprise Services are not a substitute for face-to-face professional assistance. The courses and materials 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.
If you are feeling suicidal or needs to talk to someone you should phone:
(a) if you are located in Australia - Lifeline Australia on 13 11 14;
(b) if you are located in the United States – the Suicide Prevention Hotline on 1-800-273-8255; or
(c) the relevant suicide hotline in your country if outside Australia or the United States.
Uprise Services are not appropriate if:
(a) you are experiencing an emotional or similar crisis;
(b) your or another person’s personal safety is at risk;
(c) you require urgent medical treatment; and/or
(d) any doubt exists regarding the selection or appropriateness of any of the Services.
If any one or more of these situations apply, you must seek immediate medical advice from an appropriately qualified healthcare professional.
In these Terms:
(a) a person accessing the Platform or Uprise Services pursuant to an agreement with a Related Customer is referred to as a “User”;
(b) a third party who has an agreement with Uprise or a Licensed Third Party under which Users are given access to the Platform and/or Services is a “Related Customer”;
(c) “Services” means the Uprise Services or the Third Party Services (as applicable);
(d) a person engaged by Uprise as a coach to interact with a User is referred to as an “Uprise Coach” and
(e) a person engaged by a Licensed Third Party to interact with a User is referred to as a “Third Party Coach”.
AMENDMENT TO TERMS
Uprise reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. Uprise will use its best endeavours to notify each User via the User’s notified email address when these Terms are modified or replaced. It is the User’s responsibility to check the Platform for changes to these Terms. If the User accesses the Platform and/or uses the Services after a change to these Terms, the updated terms will be deemed to be accepted. If a User does not agree to these Terms, or to any update to these Terms, the User’s sole recourse is to cease using the Platform and Services
Uprise may offer new features, functionality or services through the Platform. Such new features, functionality and services, if offered, are offered subject to these Terms.
Users are entitled to access and use the Platform and/or Services (whether those Services are provided by Uprise or a Licensed Third Party) at no cost to the User, pursuant to an arrangement between Uprise and the User’s Related Customer, or a Licensed Third Party and the User’s Related Customer, as applicable. Should the terms of the arrangement with the Related Customer change, a User may no longer be able to access the Platform and/or Services.
Acceptance of these Terms can only be in full. Any attempted alteration of these Terms by a User is not binding on Uprise. If a User does not agree with any of these Terms, the User must not use the Platform or Services. The User agrees to be personally bound by these Terms through their use and/or continued use of the Platform and/or Services.
The Platform and Services offered are not directed towards or offered to any persons under 18 years of age. A person under 18 years of age may access the Platform and use the Services only with the valid written consent of a parent or legal guardian. If Uprise becomes aware a person under 18 years of age is accessing the Platform and/or using the Services without parent or legal guardian consent, it reserves the right to suspend or deactivate that person’s profile and delete any information pertaining to that person (subject to any legal or record-keeping requirements on the part of Uprise).
The User must provide and is responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Platform and Services.
ACCOUNT INFORMATION AND PRIVACY
A User may remain anonymous when using certain elements of the Platform and/or Services, however in order to complete formal programs that form part of the Services the User must create a profile on the Platform. Uprise may collect a User’s personal information in connection with the creation of a profile and the provision of the Services. If a User does not provide this information, Uprise may not be able to provide all of its products and services to the User.
The User consents to Uprise disclosing its personal information to relevant Licensed Third Parties, Third Party Coaches in connection with the provision of the Third Party Services to the User, and to other third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. The User warrants that all information contained in the User’s profile is true and correct.
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 Platform. The User must notify Uprise immediately if there is any unauthorised use of the User’s profile.
Uprise makes available on the Platform 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. Each User consents to Uprise using their contact details for these purposes.
A User may interact with an Uprise Coach by telephone, via instant messaging on the Website or App, or by email.
A User may be sent online questionnaires in order to assess the effectiveness of the Uprise Services and to check on the User’s wellness. If Uprise forms the opinion that a User requires assistance beyond the scope of the Uprise Services the User will be invited to contact their General Practitioner, another Medical or Allied Health Professional or the relevant contacts at the applicable Related Customer.
USER CONDUCT FOR COACHED UPRISE SERVICES
When using Uprise Services in conjunction with an Uprise Coach, the User should use their best efforts to:
(a) review the online course materials and complete the activities assigned to them in a timely manner;
(b) 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);
(c) 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);
(d) give their Uprise Coach accurate, relevant and timely information when requested;
(e) complete the online assessments in a timely manner; and
(f) ensure their profile information is correct and updated as needed.
The User acknowledges that the full benefit of the Uprise Services may not be obtained by the User if these requirements are not complied with.
THIRD PARTY SERVICES
Licensed Third Parties may use the Platform to provide Third Party Services. Third Party Services are provided directly to Users by the relevant Third Party subject to an agreement between the Third Party and the User’s Related Customer. Uprise is not the Provider of the Third Party Services and each User of Third Party Services releases Uprise from, and indemnifies Uprise against, all loss, cost, damage, liability, and expense arising out of the Third Party Services to the fullest extent possible at law.
Licensed Third Parties may impose additional requirements in relation to Users of the Third Party Services. Those requirements will be subject to a separate agreement between the Licensed Third Party and the relevant Related Customer or User.
RESTRICTIONS ON USE
A User must not do any one or more of the following:
(a) use the Platform or the Services for non-personal or commercial use;
(b) use the Platform or the Services in any manner that is contrary to law or breaches the privacy or any other legal rights of any individual;
(c) use the Platform to defame or libel any person;
(d) copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble, or other wise create derivative works from any part of the Platform or its content;
(e) cause the Platform, in part or in whole, to be framed or embedded in another website;
(f) commercialise any content, products or services on the Platform;
(g) distribute any portion of the Platform to any third-party or make the Platform available to any third-party in any way other than in a manner specifically authorised under these Terms;
(h) upload any files to the platform that contain viruses or that may cause damage to Uprise’s systems or property, or to the systems or property of other individuals;
(i) post or transmit via the Platform any non-authorised material, including, but not limited to material that is, in Uprise’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, or otherwise, or which is detrimental to or in violation of Uprise’s systems or a third party’s systems or network security.
INTELLECTUAL PROPERTY RIGHTS
All right, title, and interest (including all intellectual property rights) in and to the Platform and the Uprise Services (as between Uprise and the User) remains with Uprise or its licensors. No right or licence to reproduce or otherwise use the Platform, the Services, or any intellectual property is granted to the User by these Terms.
Any reproduction or redistribution of the Platform or the content contained on the Platform or delivered via the Services is prohibited and may result in civil and criminal penalties. In addition, Users must not copy any Platform or Services-related content to any other server, or location. Publication, reproduction or distribution of such content is expressly prohibited.
All other use, copying or reproduction of the Platform, the related content, or any part of them is prohibited, except to the extent permitted by law.
Users must not use any Uprise trade marks without the prior written approval of Uprise.
Links provided to other websites are provided for convenience only. Uprise does not endorse or have control over the content of those websites.
Uprise may terminate or suspend the User’s account, and access to the Platform and/or Services, at any time without notice if:
(a) the User is in breach of these Terms;
(b) the Related Customer agreement under which the User is given access to the Platform and/or Services is suspended, terminated, or expires;
(b) the User is behaving in an aggressive, hostile or inappropriate manner towards an Uprise Coach, or Uprise is notified by a Licensed Third Party that a User is behaving in an aggressive, hostile, or inappropriate manner towards a Third Party Coach;
(c) the User’s employment is terminated or otherwise ceases; or
(d) Uprise reasonably believes that the User is using the Platform or the Services in bad faith.
Upon termination by Uprise:
(a) the User will not be able to access the Platform or use the Services;
(b) the User’s profile will be deactivated from the Platform; and
A User may request Uprise to delete its profile in the Platform and withdraw or terminate participation in the Services at any time by providing written notification to Uprise. Uprise 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, Uprise 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 survive termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
DISCLAIMER OF WARRANTIES
The Platform and Services are provided “as-is” and “as-available”. Uprise makes no warranties of any kind, express or implied, about the Platform or the Services. Uprise 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 Platform or the Services. Uprise reserves the right to modify, suspend, or terminate the operation of or access to the Platform, the Services, or any portion of the Platform or Services, and to interrupt the operation of the Platform or Services or any portion of the Platform or Services, as necessary to perform maintenance at any time, for any reason and without notice.
LIMITATION OF LIABILITY
Uprise 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, Uprise does exclude all other rights, remedies, conditions, warranties, and liability in respect of goods and services (including the Platform and the Services) which may be excluded under law, custom or statute.
To the maximum extent permitted by law, Uprise’s liability in respect of any goods or services purchased from or provided by Uprise (including but not limited to the Platform and the Services) which cannot be excluded is limited to (in Uprise’s discretion):
(a) the replacement of any goods or services purchased; or
(b) a refund of the price paid to Uprise for that good or service (provided that where the price is paid by an Customer the Customer will be entitled to any such refund, and not the User).
Uprise will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of goodwill, loss of business opportunity, loss of data, loss of networks, 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 Platform and/or Services, even if Uprise has been advised of such damages or losses.
Each User indemnifies Uprise, Licensed Third Parties, each of their related bodies corporate, subsidiaries, licensees and assigns, and each of 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:
(a) any breach or alleged breach by a User of these Terms;
(b) the User’s use of the Platform and the Services; and
(c) any violation by a User of any law or the rights of any third party.
Uprise’s failure to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of those rights.
These Terms constitute the entire agreement between the User and Uprise regarding the User’s use of the Platform and the Services, superseding any prior agreements between the User and Uprise relating to the User’s use of the Platform and Services.
APPLICABLE LAW AND JURISDICTION
These Terms 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: Dec 2020.