Terms of Service
Hi there, we’re the BRAVE® Team and these are our Terms of Service. They form a contract between you (and your parents/legal guardian if you’re not old enough to enter into a contract) and us, so please read them carefully before using or accessing the BRAVE program and its functionalities.
We have included some explanations in blue (like this one) to help you identify some key points, but they don’t technically form part of the Terms—so please don’t rely on them instead of reading the Terms in full. Feel free to contact us if you have any questions or feedback about these Terms.
- The BRAVE® websites and program (Program) is owned by The University of Queensland and managed by UniQuest Pty Ltd (ABN 19 010 529 898) (We, Our, Us)
- The University of Queensland, the University of Southern Queensland and Griffith University work on collaborative research projects involving use of the BRAVE Programs for child and adolescent anxiety.
- In these Terms of Service (Terms), a reference to You or Your is a reference to a child, teenage, or adult user of the Program.
- If You are aged 15 years or under and wish to access the BRAVE application, You must have a parent or legal guardian read and agree to these terms on Your behalf.
- If You are a parent or legal guardian registering on behalf of a child under the age of 16 then You agree to read and accept these Terms, to read and provide consent according to the Parent Consent Forms.
- Together with any Child, Teen or Parent Consent Forms, these Terms set out the basis on which We permit You to access the Program.
- We may amend these Terms at any time by publishing the amended version on Our Program or by otherwise providing written notice to You. Your continued use of the Program after any change indicates Your acceptance of the changes to the Terms.
- By clicking “I agree” during the registration process You agree to be bound by these Terms. If You do not agree with these Terms, you must not access or use the Program.
We’re always striving to improve the BRAVE Programs. Because we want these Terms to stay relevant, we might need to update or change them every now and then. We’ll publish any updated versions on our Program and let you know if there are significant changes you’d probably want to know about.
- Access to the Program
- Subject to these Terms, We grant You a free licence to access and use the Program for your personal use only (Licence). This Licence is granted for 90 days and may be extended at our discretion. It cannot be transferred to any other person, may be taken from you at our discretion and is limited and non-exclusive in nature.
- While we take all reasonable steps to limit any interruptions to Your access to the Program, You acknowledge and agree that:
- We may modify, upgrade, update, enhance or alter the Program from time to time, however if We reasonably anticipate that such change is likely to detrimentally affect Your use, or reduce the functionality, of the Program, then We will in good faith consult with You before implementing the change; and
- We cannot, and do not, promise continuous or error-free access to the Program or any linked site, or third party services or materials facilitated by the Program. However, We will use our reasonable endeavours to minimise the occurrence and duration of any outages, downtime (for planned maintenance or otherwise) or other causes of inaccessibility to the Program.
We work hard to keep the Program functioning, and we think we’re pretty good at this. But, as with all techy stuff, you need to accept that issues can happen which may make it difficult to access the program at a particular time.
- Account Management
- As a registered Account holder, you will create a user login and password (Login Details), which you can use to access the Program. We will send you a registration confirmation email.
To use the Program, and protect your information, you’ll need to register an Account (which is easy to do).
- Acceptable Use
- The Program is designed as a self-help intervention. You acknowledge and agree that:
- your use of the Program will not be monitored or reviewed by a Clinician; and
- we are not required to follow up with you, outside the automated interactivity of the Program, regarding your care or mental health.
- In order to be eligible to register an Account and use the Program, you must:
- access the Program from an Australian IP address;
- have parental or legal guardian consent if You are aged under 16 years;
- acknowledge that our Program is not recommended for those who are suicidal or have a serious mental health condition (such as bipolar disorder or schizophrenia); and
- register with us as an Account holder, by completing the relevant consent and registration forms.
- The Program is not intended to be a substitute for professional advice. The diagnosis and treatment of a clinical condition can only be undertaken by a qualified healthcare professional in person. You should always seek the advice of a qualified healthcare professional with any questions You have regarding Your health or a medical condition.
- If you:
- require urgent medical attention;
- are at risk of harming yourself or someone else; or
- are unsure about the suitability of the Program, or its contents, for your condition
You must seek the advice of a qualified healthcare professional. You may view crisis and emergency information at BeyondBlue
- The Program is designed as a self-help intervention. You acknowledge and agree that:
- We take reasonable care in compiling the Program and its contents. However, the contents may not always reflect the most recent development sin medical knowledge or science.
The BRAVE program helps young people to learn how to cope with their worries, but it is not a crisis service and cannot offer immediate assistance for mental health crises. If you are experiencing serious distress or crisis and are concerned about your symptoms or safety, please contact one or more of the following services:
- Your General Practitioner
- Lifeline on 13 11 14
- The Suicide Callback Service on 1300 659 467
- Emergency Services on 000
- use the Program for any commercial purpose;
- assign, sub-licence, grant a security interest over or otherwise transfer any of Your rights in respect of the Program;
- provide Your Login Details to any other person;
- allow any other person to use Your Login Details;
- copy, reproduce, store, transmit, publish, modify, translate into any language, disassemble, reverse engineer, reverse assemble or otherwise create derivate works from any part of the Program or its contents;
- use the Program in a way that does not infringe upon these terms, Our reasonable directions and all applicable laws
- take reasonable steps to protect Your Login Details from unauthorised use; and
- ensure that no content posted, entered or uploaded onto the Program is inappropriate or may cause offence, distress, menace or harassment.
We really love our BRAVE Program, and we want to protect it and our users—so if you don’t comply with the above list of very important things, it might just break our hearts (and get you into legal strife).
- You acknowledge that: the Program is dependent on third-party services, including but not limited to:
- telecommunications services;
- hosting services;
- email services; and
- analytics services;
- the Program provides links to third party websites which may contain (without limitation) clinical guidance or information.
- You agree that We are not responsible or liable in any way for:
- interruptions to the availability of the Program due to third-party services; or
- the accuracy or completeness of the information you receive from any linked third party website.
- If You engage other suppliers to provide you with products or services which relate to the Program, You agree that We are not responsible for the performance of any other suppliers.
Sometimes we need to work with third parties to make the BRAVE Program available. While we’ve chosen our providers because we think they’re great, we can’t be responsible for the way they operate.
- We take the security of the Program and the privacy of its Users very seriously. You agree that:
- You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems;
- You are solely responsible for the security of Your login details for accessing the Program; and
- You will notify Us immediately if You become aware of any unauthorised access to the Program.
- We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standard, however You accept that the internet is not a fully secure environment and we cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet, You do so accepting this risk.
- We may limit the amount of data that You can store in the Program and will advise You of such limitation. Data that is stored within the Program will be stored according to accepted industry standards.
- We will perform backups of the Program in a reasonable manner at such times and intervals as are reasonable for Our business purposes. We do not warrant that We are able to backup or recover specific User content from any period of time, unless so stated in writing by Us.
- You acknowledge and agree that We are not responsible in any way for retaining any data, Personal Information or Health Information that has been stored on, or communicated through, the Program.
Keep your login details safe, and report any security issues or concerns to us. And (this is important), make sure you do the right thing in terms of keeping the program secure.
Like most ways of sending messages, the internet is not without risk. It’s important for you to be aware of this, and to understand that some risks (like hacking) can be outside of our control.
We don’t store data indefinitely, or for prescribed periods of time. It’s really important that any information that you might need to retain is kept separately by you.
- The Program may contain data, information or material which is posted, entered or uploaded by You or other users (User Content). You agree that, in respect of all User Content, We are a distributor only and We are not responsible for the accuracy or completeness of that information.
- If you post, enter or upload User Content:
- we will take reasonable steps to de-identify User Content to protect Your privacy;
- We may send You correspondence related to Your User Content; and
- You must only submit User Content which belongs to You or which You are permitted to submit by the owner of the content.
- We may at any time, with or without notice, filter, remove or refuse to publish User Content in our sole discretion.
- You acknowledge and agree that We may provide your User Content to:
- third party service providers and contractors who perform services on our behalf, including software development and maintenance providers;
- research institutions We collaborate with, such as The University of Queensland, University of Southern Queensland, and Griffith University;
- anyone authorised by you to receive your User Content (your consent may be express or implied);
- anyone We are required by law to disclose your User Content to.
- Without limiting Our rights under these Terms or at law, We may:
- terminate this Agreement immediately by written notice to You, if you are in breach of any of the Terms and You do not fix the breach within the timeframe we tell you to do so; or
- discontinue the Program (including ceasing to provide administrative and technical support for the Program) in our sole discretion and at any time.
- You may terminate this Agreement at any time (including if you consider that changes we make to these Terms are materially detrimental to you) by ceasing to access the Program.
If you don’t comply with these Terms we can suspend or cancel your access to your Account. We really hope we won’t need to do either of these things (but our lawyers say we need to keep our options open…just in case).
- Except as expressly provided in these Terms, no ownership is transferred in, or other rights granted to the other party in, the Intellectual Property of a party. For clarity:
- We own and retain all rights (including Intellectual Property) in and to the Program; and
- You own and retain all rights (including Intellectual Property) in and to any User Content that You upload to or transmit via, the Program, except as licensed to us in 9.3 below.
- Intellectual Property developed by Us under or in connection with these Terms; or
- changes, additions or improvements to the Program, immediately and directly vests in Us upon its creation and will form part of Our Intellectual Property, unless otherwise agreed in writing between the parties. You otherwise acknowledge and agree that You have no ownership rights, title or interest in or to Our Intellectual Property and must not dispute Our ownership of the same. You must do all acts and things necessary to give effect to this clause 9.2.
- You grant Us an irrevocable, non-exclusive and royalty free worldwide licence to store and otherwise use, copy or modify any User Content provided by You to Us for the purpose of
- Our enabling You access and use of the Program; and
- research and development purposes by Us and Our third party collaborators.
In terms of who owns what, you own any data you submit to the BRAVE Program (but you give us a licence to deal with it to enable program functionalities and do further research); and we own the program itself, including any developments or customisations.
- To the extent permitted by law, You acknowledge and agree that:
- Your use of the Program is at Your own risk;
- under no circumstances will We be liable to You for:
- any illness, injury, or death resulting from use of the Program; or
- any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Program or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not We knew or should have known of the possibility of such loss.
- You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that We may suffer or incur as a result of any breach by You of these Terms.
- Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).
- To the maximum extent permitted by law, our liability for breach of a Non-Excludable Guarantee is limited, at our option, to either resupplying the Program to you or paying the cost of re-supplying the Program to you.
While the BRAVE Program is pretty great, nothing is perfect. Our lawyers tell us it’s a good idea to include the above to ensure we’re not responsible for actions we can’t control or if something goes wrong (such as an inability to use the program or a technical error). Also, remember how we mentioned the possibility of legal strife earlier? If you breach these Terms, it could cause us significant damage and you’ll be responsible for any mess this makes for us (including financial ones!).
- The following terms are used regularly throughout these Terms and have a particular meaning:
- Account means a registered account for a person which enables access to and use of the Program.
- Health Information has the meaning given to that term by the Privacy Act.
- Intellectual Property means all intellectual property rights throughout the world, whether registered or unregistered, including rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and right to apply for registration of such rights.
- Personal Information has the meaning given to that term by the Privacy Act.
- Privacy Act means the Privacy Act 1988 (Cth).
- Program means the online, interactive cognitive behaviour therapy programs, known as BRAVE, to help children and adolescents overcome anxiety by teaching strategies for managing anxiety-provoking situations; and
- Our websites related to BRAVE, including brave4you.psy.uq.edu.au, brave-online.com and bebrave.health
- Terms means these Terms of Service.
- User means any individual who either:
accesses the Program in any way; or receives a communication from, or otherwise interacts with the Program.
- These Terms are governed by the laws of Queensland, Australia.
- Should you access the Program from overseas you agree to be governed by these Terms when using the Program and to be subject to the laws of Queensland, Australia.
- headings are for convenience only and do not affect interpretation;
- the singular includes the plural and the opposite also applies;
- if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
- a reference to a clause or item refers to clauses and items in these Terms;
- a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
- mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;
- a reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); and
- a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
The above sections explain what the capitalised terms we use throughout these Terms mean, and also has some general rules about how this contract should be read. Phew! You made it. Now let’s get on with helping you be BRAVE!