Acknowledgment and acceptance of Terms of Use

These Terms of Use govern your use of the Ahead for Business Portal (the Program) and the packages contained within it, including access to Ahead for Business via your computer or mobile phone at the website located at http://www.aheadforbusiness.org.au which is owned and operated by Everymind. Access to and use of Ahead for Business is subject to your acceptance of these Terms of Use.

By accessing Ahead for Business you accept and consent to, without limitation or qualification, all of the Terms of Use. Before using Ahead for Business please review these Terms of Use carefully.

Everymind has an obligation to ensure the privacy and confidentiality of your personal health information. Your personal health information will only be used or disclosed in accordance with the NSW Health Privacy Manual for Health Information.

Everymind reserves the right to amend these Terms of Use or the Program without notice to you at anytime, however, we will post the amended Terms of Use onto the Ahead for Business website.

You will be deemed to have accepted and agreed to the revised Terms of Use if you continue to use any login section of the site after notice of the revised Terms of Use has been placed on the site.

Your access to Ahead for Business will commence upon our acceptance of your application for registration which will be confirmed to you via email and/or SMS.

About

Ahead for Business is a free site designed to help small business owners and those who support small business owners with concerns about their mental health.

Use of Ahead for Business is completely voluntary. It consists of self-help tools, fact sheets, and links programs which target mental health issues such as depression and anxiety. The tools are interactive and include self-assessment, mood tracking, self-help tips, and motivational messages. Users interact with Ahead for Business via the Internet on their mobile phones and/or their personal computers.

Who is Ahead for Business for?

Ahead for Business is designed for people that are over the age of 16. If you are under 16 years of age, then please do not use the Ahead for Business. If you are under 16 years of age, and are seeking support for your mental health, alcohol/other drug use, or related issues, please use eHeadspace.

Ahead for Business is designed for people concerned about their mental health. Ahead for Business is not a substitute for clinical/medical treatment or advice. Please contact your treating medical practitioner or crisis lines such as the Mental Health Line on 1800 011 511 or free call 1800 422 599 for assistance with accessing mental health and/or drug and alcohol treatment or advice.

If you are at risk of harming yourself or another person you should not use or continue to use Ahead for Business, but should seek urgent medical advice from either your treating medical practitioner, mental health care professional, an emergency department of a hospital or, if in immediate danger, call the emergency number “000”.

As the laws of other countries may differ from Australia, Ahead for Business is designed to only be used by people who are residents of and located in Australia. You must not use Ahead for Business if you live in or are located overseas.

Risks and benefits

Ahead for Business offers a set of tools and techniques that aim to benefit users by:

  • helping them to better understand the things and situations that cause mild to moderate stress, anxiety, and depression
  • providing tips for treating, coping and functioning with mild to moderate stress, anxiety and depression
  • helping them to better understand their moods
  • providing (interactive) self-help instruction and guidance, for managing a wide variety of symptoms of mild to moderate stress, anxiety, and depression.

Ahead for Business does not “treat” you, or replace treatment provided by a health and/or mental health professional. Ahead for Business is designed to work with any ongoing treatment you are already receiving for mental health concerns.

Everymind is not responsible for monitoring your use of the Ahead for Business, or your responses, and are not required to follow up with you, outside the automated interactivity of the program, regarding your care.

Therefore, there are risks associated with the use of the Program, including;

  • the possibility of your symptoms persisting while using Ahead for Business,
  • the possibility of your symptoms worsening while using Ahead for Business,
  • the possibility of developing symptoms or conditions while using Ahead for Business,
  • the possibility that Ahead for Business is not suitable for you at a particular point in time.

Disclosure of content

Everymind has an obligation to ensure the privacy and confidentiality of your personal health information. Your personal health information will only be used or disclosed in accordance with the NSW Health Privacy Manual for Health Information. You may enter personal information, such as health, racial, ethnic, or gender details into the program. Everymind and Ahead for Business will only use this information for the purpose of storing and processing it on your behalf.

Everymind and Ahead for Business will not access or monitor your use of the program except:

  • in the website analytics to monitor the volume of traffic and use of the site
  • for use by us or our authorised nominees\for research and program evaluation purposes (without, however, disclosing your identity or any other personal information that you may post). This research is enabled under strict privacy protocols and allowed by the HNE Human Research Ethics Committee.

Everymind and Ahead for Business will not disclose content that you post to the Program, except:

  • to investigate possible breaches of these Terms of Use;
  • if a law requires or authorises the use or disclosure of content that you post;
  • if disclosure is reasonably necessary to enable an enforcement body to perform its function, including: the prevention, detection, investigation, prosecution or punishment of criminal offences; and
  • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Your obligations

You are solely responsible for any content or material that you post or upload on Ahead for Business, or that is posted by another person using your user name or password. Everymind denies all liability (to the extent permitted by law) for any loss, damage, or expenses suffered by you or claims made against you arising from content or material which you post or upload on Ahead for Business, or which is posted by another person (whether using your username or password or otherwise).

Our obligations to you

Everymind will take reasonable steps to ensure the security and confidentiality of material that you post or upload onto Ahead to Business. However, we cannot guarantee against any loss, damage, alteration or misuse of the content or material, and will not be responsible for any harm that you or any other person may suffer in connection with any loss, damage, alteration or misuse of material posted or uploaded onto Ahead for Business.

Everymind will use its best efforts to provide high availability of Ahead for Business, but this cannot be guaranteed outside normal business hours. We are not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other reasons. We make no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.

Fees and charges and cancellations

There is no fee or charge for you to register with Ahead for Business. However, if you access Ahead for Business through the use of a mobile phone or the Internet, your normal phone/Internet/data charges will apply.

There is no minimum contract associated with the use of Ahead for Business. You may choose to stop using Ahead for Business at any time.

Continuation of Ahead for Business

We reserve the right to discontinue Ahead for Business at any time and for any reason.

Disclaimer and limitation of liability

This site is provided on an “as is” and “as available” basis. Everymind make no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials included on Ahead for Business. To the full extent permissible by applicable law, the administrators of Ahead for Business and Everymind hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Neither Everymind nor Ahead for Business will be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use Ahead for Business solely at your own risk.

The materials displayed on Ahead for Business (“content”), including without limitation all information, text, materials, graphics, names, logos and trademarks are for information purposes only. It should not be relied on as a substitute for professional advice on your or any other person’s health, or the assessment, treatment, or prevention of any disease. Persons accessing Ahead for Business do so at their own risk. You should always seek the advice of a physician or other qualified health provider with any questions you have regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of your result provided by anything you read on Ahead for Business.

Everymind has no responsibility or liability in relation to any direct or indirect loss or damage that you incur, including but not limited to damage to your software or hardware or mobile phone or injury to you or anyone else arising from your use of or access to Ahead for Business. Everymind make no warranty regarding the quality, accuracy, merchant ability, or fitness for purpose of the content or Ahead for Business to your specific situation.

Everymind does not warrant that Ahead for Business or functions contained in Ahead for Business, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that our server or the server that makes it available are free of viruses or bugs.

To the extent permitted by law, all representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. In the case of breach of condition or warranty implied by law or otherwise that cannot be excluded, the liability of Everymind is limited to the maximum extent permitted by law.

Access and ownership of program content

The content in Ahead for Business is protected by copyright, trademark and other intellectual property laws and the rights of Everymind and/or their third party licensors. You obtain no interest in the Ahead for Business content.

The content, material, logos, and illustrations provided in Ahead for Business are the property of the Ahead for Business and Everymind, and may not be reproduced or redistributed or otherwise used for any other purpose without permission. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, or communicate to the public the content (or a substantial part of it) in any way except as expressly provided for in these Terms of Use or under the Copyright Act 1968 (Cth) or other applicable laws.

You are granted the right to view Ahead for Business content using your web browser and mobile phone for your own personal use.

By submitting content or materials to Ahead for Business, you consent to Everymind exercising all rights in respect of such content or materials as are set out in these Terms of Use even if the exercise of such rights would, but for this consent, infringe any moral rights that you may have in such content or materials.

Quality of information

Any errors in the Content that are brought to our attention will be corrected as soon as practicably possible. Everymind reserve the right to change any content on Ahead for Business at any time without notice.

Content rights

Everymind may filter, remove or refuse to post files that interfere with the technical operations of Ahead for Business, including files which threaten to overload or crash a system.

External Links

Links to external websites on Ahead for Business are provided on an information source basis only. Everymind make no warranty and accept no responsibility or liability in relation to any information, products, services or advice provided by these external links and any views or recommendations provided in linked sites do not necessarily represent those of Everymind. You acknowledge that you enter any third party websites at your own risk.

Complaints, technical help and technical fault reporting

If you have a complaint about the program or any technical issues, please contact: hello@aheadforbusiness.org.au

Please note that personal medical advice is not available on Ahead for Business from Everymind.

For personal medical advice please contact your treating medical practitioner or crisis lines such as the Mental Health Line on 1800 011 511 or free call 1800 422 599 for assistance with accessing mental health and/or drug and alcohol treatment or advice.

Governing law

These Terms of Use are governed by and are to be interpreted in accordance with the laws of New South Wales, Australia.

(Last updated on 1 September, 2018)

Privacy Statement

Information collected

Under the Personal Information Protection Act 2004, Ahead for Business is the custodian of personal information and the collection, use and disclosure of that information is governed by the Act.

The type of personal information we collect includes names, addresses and telephone numbers, together with any specific information about a person that may be required to enable us to provide the service.

We take reasonable steps to ensure that the personal information we hold is accurate, complete and up to date. Where practicable, we will check on the accuracy of your personal information before we use it.

Sensitive information

Sensitive information includes things like health information, criminal record, racial origin and sexual preferences. Generally we will only collect sensitive information with your consent. However, in some circumstances the collection of sensitive information may be required or permitted under a law which does not require your consent.

Anonymity

If you are making a general enquiry, it may not be necessary to identify yourself. However, if you want to obtain a service, identification may be necessary.

Unique identifiers

We do not assign unique identifiers to people unless it is necessary for us to carry out our functions efficiently or is required by law. We do not adopt as our unique identifiers the unique identifiers from another organisation. However, we may collect the unique identifiers assigned to you by another organisation, but we will not disclose these without lawful authority.

Access to and correction of information collected

The Personal Information Protection Act 2004 provides that you can access your personal information that is held by Ahead for Business.

If you consider the personal information to be incorrect, incomplete, out of date or misleading, you can request that the information be corrected. Requests for changes can be made by contacting us.

Use and disclosure of personal information

Our staff are only provided with or have access to the information that is necessary for them to carry out their functions. All staff are bound by confidentiality requirements.

Personal information will be used only for the purposes described in the ‘Information Collected’ section above. Your personal information will only be disclosed to third party organisations or individuals with your consent, or if it is required by or authorised by law.

There may be a need or requirement to disclose some or all information we collect to contractors and agents of Ahead for Business, non-government organisations, law enforcement agencies, courts or other public sector bodies.

The Personal Information Protection Act permits the disclosure of 'basic personal information' (that is, name, address, date of birth and gender) that is collected in conjunction with the provision of a service to other public sector bodies for data quality purposes.

Some identified personal information we have collected may be used in research, statistical analysis, state or national reporting, awareness programs, public statements or training, but not in a way to compromise the protection of personal information.

Personal information in written submissions on policy matters or matters of public consultation may be disclosed in reports that are made public, unless the submission was submitted and/or accepted on a confidential basis.

Security of personal information

We use a number of procedural, physical, and technical safeguards, including access controls, secure methods of communication and back-up and recovery systems to protect information from misuse and loss, unauthorised access, modification and disclosure.

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