Website terms of use

See also: Emerging Minds Privacy Policy

Contents

Agreement

What Emerging Minds provides

Not clinical or professional advice

Your account and responsibilities

Your right to use the website

Our right to use your material

Our obligations

Links to external websites

Security

Your obligations and representations

Liability

Relationship

Cancellation by users

Changes to these Terms of Use

Breaches of these Terms of Use

General

Contact us

Thank you for visiting Emerging Minds’ website. Please take a moment to read these Terms of Use, which apply to the website located at www.emergingminds.com.au and any of its subdomains, learning portals, dashboards or related applications (collectively, the ‘Website’). By accessing or using the Website, registering for an account, or engaging with our materials, you acknowledge that you have read, understood, and agree to be bound by these Terms. If these Terms do not feel right for your needs or expectations, we recommend that you refrain from registering and immediately cease using the Website.

All users of the Website should be aged 16 years or older, or be supervised by an adult or guardian.

The Website is provided by the Australian Infant Child Adolescent and Family Mental Health Association Ltd trading as Emerging Minds (‘Emerging Minds’, ‘we’ or ‘us’). Emerging Minds is a leading Australian non-profit organisation and for over 25 years has been dedicated to advancing the mental health and emotional wellbeing of Australian infants, children, adolescents and their families.
Engaging with mental health content can involve sensitive topics that may be challenging. You use the Website voluntarily and at your own risk. If someone is at risk or in immediate danger, please call 000 or go to your nearest hospital.

24/7 Crisis Support: Lifeline (13 11 14) or Kids Helpline (1800 55 1800).

We may amend these Terms of Use from time to time without prior notice to you so we recommend that you keep yourself acquainted with, and review this page, for any updates from time to time. Any amendments have application to you from the date that the change occurs.

You must not use the Website for any purpose that is unlawful or prohibited by the Terms of Use. By using this Website you are fully accepting the terms, conditions, warranties and disclaimers contained in this notice.

Emerging Minds develops mental health policy, services, interventions, training, programs and resources in response to the needs of healthcare professionals, children and their families. These include online resources, practical resources, online and face-to-face training. We partner with family members, national and international organisations to implement evidence–based practice into the Australian context.

Features of the Website may be intended for different users – for example:

• Emerging Minds Learning assists professionals and organisations who work with children, their parents and/or their families to have the skills to identify, assess and support children at risk of mental health conditions, and
• Emerging Minds Focus supports organisations on a quality improvement journey in supporting the social and emotional wellbeing and mental health outcomes of infants, children and their families.

Additional terms and conditions may apply to specific features of the Website, as published on relevant websites or made available to you as part of an account registration process.

We do this through our various programs, which may include programs supported by funding provided by the Australian Government or other organisations.

The content on this Website, and material or services made available through it, do not constitute as clinical or other professional advice, and should not be relied upon in making or refraining from making, any decision. Emerging Minds accepts no liability for any consequences arising from the use of any of the tools, information or resources made available. Information supplied on the Website is not intended as a replacement for professional support a user or other individual may need.

The Website is an educational resource. You acknowledge that the Website and all content (including clinical guides, tools, and resources) are for informational and educational purposes only. Nothing on this Website constitutes medical, psychological, or clinical advice, nor does it establish a formal practitioner-patient relationship. The information and tools provided may not be suitable for your individual circumstances, and Emerging Minds makes no guarantee regarding the accuracy, completeness, reliability, or applicability of any content. You are responsible for evaluating and verifying any information before relying on it or applying it to your or anyone else’s situation.

The Website is not designed to provide clinical care, diagnoses, or treatment. It is not a clinical service, and it should not replace professional advice. We strongly recommend seeking guidance from qualified health professionals (such as a GP, child health nurse, or mental health professional) before making healthcare decisions.

Emerging Minds owns or licenses all intellectual property rights in the Website (including content such as videos, text, podcasts and toolkits). These rights are protected under Australian and international laws. We grant you the limited, non-exclusive, non-transferable, right to use the Website for personal, non-commercial use, or such other purpose(s) which are expressly stated in the applicable areas of the Website (e.g. use of Focus for your personal professional development purposes). This licence continues until termination by us or you.

We have the discretion to terminate your licence immediately and without notice if you breach these Terms of Use and we reserve our rights to take action against you. All rights not specifically granted under these Terms of Use are reserved by us and, as applicable, our licensors.

Except to the extent permitted under any creative commons licence applied to specific content, you must not do any of the following, which are expressly excluded from, this limited licence:

• reproduce, republish, redistribute, transmit, sell, or license the Website or any Content (except to the extent necessary to use the Website);
• make any use of the Website or any and/or all content other than for your personal and non-commercial use;
• modify, reverse engineer or create any derivative works based upon the Website or any and/or all content;
• frame or utilise framing techniques to enclose the Website or any portion of the Website;
• collect account information for the benefit of yourself or anyone else party;
• use any meta tags or any other hidden text utilising any and/or all Website content;
• use automated tools (such as spiders or crawlers) to access the Website or extract data
• take any action that may impose an unreasonable burden or load on our infrastructure or server;
• download any image or content and pass it off as your own; or
• assist or authorise anyone else to do any of the foregoing.

By posting, submitting or otherwise publishing any material to the Website, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. By submitting or posting any material, you are granting us, a royalty-free, non-exclusive licence to use, copy, modify, transmit, distribute, and publish and display such material on the Website. For more information about how we handle your personal information please review our Privacy Policy.

We reserve the right to make changes to the Website at any time without prior notice and will not be liable to you in respect of any such change. We may engage a third parties to provide technical assistance with the Website. We will take reasonable steps to ensure the ongoing effective operation and maintenance of the Website and take steps to repair technical issues that arise from within the Website within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

We include links to third party websites that are controlled and maintained by others. Any link to external websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites.

There are inherent risks associated with transmission of information via the internet. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise the Website.

Emerging Minds may withdraw completely, or suspend for a period of time, the Website, or access to it for any reason (including for maintenance or security reasons).

You represent and warrant that all information you provide through this Website is true and correct and not false or misleading. (This does not apply to use of a pseudonym in setting up an account or otherwise, unless we have specified you must use your actual name.) You agree to use the Website in accordance with these Terms of Use, in good faith, and to not bring into disrepute or cause reputational or other damage to us.

You agree that you will not use the Website in a way that:

• is, or which we consider to be, unlawful, defamatory, fraudulent, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, abusive, misleading obscene, invasive of another’s privacy, sexist, racist, homophobic, inciting to violence or degrading;
• infringes the intellectual or other proprietary interests of third parties;
• contains spam, marketing or otherwise seeks to obtain a financial benefit;
• contains, or facilitates the introduction of, harmful code, files or programs or other components that are designed to interrupt, destroy, change or limit the functionality of the Website, or any other software, hardware or other electronic equipment, or to obtain unauthorised access to information or systems of us or any other person; or
• encourages, incites or facilitates any other person to engage in any of the above.

You also agree that you will not:

• use technology or other means that is not authorised by us to access the Website;
• gain or attempt to gain unauthorised access to the Website including the networks or user accounts; or
• attempt to or engage in conduct that damages, disables, overburdens or impairs the Website, servers or networks.

Limitation of our liability

The Website is provided on an “as-is” and “as-available” basis. We make no warranties regarding the constant availability of the Website or that downloadable files are free from viruses. You are responsible for your own technological security.

Without limiting the operation of the Australian Consumer Law, we exclude all conditions, warranties, terms and guarantees otherwise implied by law. Except to the extent required by law, we have no liability for the use of the Website (including in respect of any content) by any persons, or any act or actions we undertake in providing the opportunity to use the Website. We have no liability for any cause of action or damages arising for any act or actions by us in providing the services on this Website regardless of the cause of action, including negligence. We are not liable to pay for any indirect, economic, special or consequential loss or damage (including loss of data, revenue, profit, production or business, or claims made against you), regardless of whether such is foreseeable or not. We are not liable for any claims arising from your use of the Website.

Warranties

We do not warrant that the functional aspects of the Website will be uninterrupted or error free or that the Website or its content, or systems used to provide these, are free of viruses or other harmful components. We maintain current anti-virus software, however, to the extent provided by law, we cannot and do not guarantee against third party interference to the Website. We do not warrant that the Website or its content will be compatible with third party software or hardware. We are not liable for any default or error which occurs as a result of an event or events which are beyond our control. You should protect your devices, software and systems by installing and implementing your own security and checks.

Indemnity

You agree to keep us fully indemnified and held harmless against all or any claims by any person whatsoever for injury, loss or damage suffered in connection with your use of this Website and any claim howsoever arising whether in tort (including negligence) or contract for any loss, damage, compensation, failure to deliver, or any delay in the provision of services or information. This extends to any special, indirect or consequential loss, loss of profit or revenue, loss of expected savings, loss of business contracts, opportunity costs, loss or reduction of goodwill, and damage to reputation howsoever arising, and all reasonable costs arising from defending a claim arising from your use of the Website. We do not have to have incurred these costs to claim on this indemnity.

You are accessing and using this Website as an independent third party. You may not claim, or hold yourself out to any person as having any relationship, authority, right or entitlement to represent or act as our agent.

Users can stop using the Website at any time.

We may revise these Terms of Use from time to time, and will always post the most current version on our Website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account and/or posting a notice this page). By continuing to use or access the services after the revisions come into effect, you agree to be bound by the revised Terms of Use.

We reserve the right to take any of the following action if we reasonably suspect that a breach of these Terms of Use has occurred:

(a) issue a formal warning;

(b) suspend or prohibit access to the Website;

(c) block access to the Website;

(d) take legal action against you;

(e) suspend or delete your account; and

(f) report a matter to law enforcement.

If we suspend or prohibit or block your access to our Website, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of these Terms of Use.

These Terms of Use are governed by, and will be construed in accordance with the laws of, South Australia. Any dispute arising out of these Terms of Use will be heard in South Australia. Any provision of these Terms of Use which is prohibited or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating the remainder of these Terms of Use. Any reference in these additional terms to ‘including’ or similar does not limit what else might be included.

We welcome feedback about the operation of the Website. If you wish to provide any such feedback, or if you wish to contact us about any matter, please do so by:

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia

Telephone: +61 (0)8 8367 0888

Email (formal notices or legal issues): [email protected]

Email (for other matters): [email protected]