Terms of Use (General)

    Please read the following terms and conditions (Terms of Use) carefully as they govern your use of this Website. By accessing the Momentum Mental Health website (Website), you agree to these Terms of Use. 

    Purpose of this website

    This Website has been established to provide information about mental health and wellbeing to the Australian community.

    The Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances. You should not disregard professional medical advice, or delay seeking it, because of any information contained on this Website.

    Privacy

    By agreeing to these Terms of Use, you also agree to our Privacy Policy (insert link).

    General disclaimer

    To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website (Linked Websites).

    This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

    Specific warnings and disclaimers

    The information contained on this Website is provided by us in good faith and on an ‘as is’ basis. The information is believed to be accurate and current as at the date the information was placed on this Website.

    We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website, or that your use of this Website will be uninterrupted or error free.

    You should not act on the basis of anything contained on this Website without first obtaining professional advice specific to your circumstances. Never disregard professional mental health or medical advice or delay in seeking treatment because of something you have seen on this Website. You must make your own assessment of the information contained on this Website and, if you choose to rely on it, it is wholly at your own risk.

    We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

    We may, from time to time, change or add to this Website without notice. However, we do not undertake to keep this Website updated and we will not be liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

    To the extent permitted by applicable law, all implied conditions, representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.

    Your use of this Website

    As a condition of your use of this Website, you warrant to us that you will not use this Website for any purpose that prohibited by these Terms of Use. In particular, you agree not to:

    • use this Website to defame, abuse, harass, stalk, threaten or otherwise offend any person;
    • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
    • use any automated scripting tools or software;
    • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via this Website;
    • impersonate any other person or entity;
    • share information which reasonably identifies another person without their consent (if you do share personal information about another person, please let them know about our Privacy Policy which sets out how we will handle their personal information);
    • upload, post, email, transmit or otherwise make available using this Website any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
    • breach any laws or regulations which are applicable to your use of this Website in your jurisdiction.

    If you have a complaint about any of the content that may be published on this Website, you should contact us.

    Copyright

    Unless otherwise indicated, all material on this Website, including (but not limited to) text, graphics, audio and video files, information architecture and coding, is Momentum Mental Health’s copyright property or is used under licence. All rights are reserved.

    You are provided with access to this Website and may download, store in cache, display, print or make a single copy of the information or material stored on this Website (in its unaltered form) and for your personal and non-commercial use only.

    Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:

    • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
    • commercialise any information, products or services obtained from any part of this Website, without our written permission.

    If you wish to make any other use of the material on this Website, you must obtain our permission before doing so. To ask for permission or for further information, please contact us.

    Trade Marks

    All trade names, trade marks, service marks and other product and service names and logos (“Marks”) displayed on this Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used on this Website with permission of the relevant owner.

    Nothing contained on this Website should be construed as granting any licence or right of use of any Mark which is displayed on this Website without the express written permission of the relevant owner.

    If you use any of our Marks to refer to our activities, products or services, you must include a statement attributing that Mark to us. You must not use any of our Marks:

    • in or as the whole or part of your own Marks;
    • in connection with activities, products or services which are not ours;
    • in a manner which may be confusing, misleading or deceptive; or
    • in a manner that disparages us or our information, products or services (including this Website).

    Linked Websites

    This Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Website that is not our own.

    The inclusion of a Linked Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Website, or for any information, product or service referred to on the Linked Website.

    Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms of Use.

    We are not responsible for the privacy practices of any third party social media or other service providers that you can access through this Website.

    Your visit to our Website

    We use cookies (small data files that are stored on your computer) to collect anonymous traffic data and to improve your Website user experience. You can remove or block cookies using the settings in your web browser, but this may impact your ability to use the Website.

    We may also collect and store information about your visit to the Website, including:

    • the name of the domain from which you accessed the internet;
    • the date and time you accessed the Website;
    • the internet address of the website from which you linked directly to the Website;
    • the pages you accessed while visiting the Website;
    • the type of device from which you accessed the Website; and
    • the location from which you accessed the Website.

    All of the information we collect is aggregated and cannot be used to identify you individually. This information is used to measure visitor numbers and to assess how the Website was used in order to maintain its effectiveness.

    We do not collect this information for any type of online advertising.

    Website use, and SANE Forum membership

    There are additional Member Terms that will apply if you register as a member of SANE Forums, or use this Website. 

    Website membership enables you to contribute to the interactive elements on this Website such as the discussion forums.

    Regardless of whether you register, your use of this Website constitutes acknowledgement that the views of members posting queries, comments or statements on this Website are not necessarily our views, and are not necessarily endorsed by us.

    If you have a complaint about any of the content that may be published on this Website, you should contact us.

    Social media

    We have a number of social media accounts, which currently includes Facebook, Twitter, YouTube, Instagram and LinkedIn (collectively known as our Pages). All content on our Pages is subject to individual terms of use as outlined by each social media provider.

    By interacting with our Pages, you agree to be bound by the terms of use of the relevant social media provider.

    General

    In these Terms of Use, “Momentum Mental Health” means Momentum Mental Health ACN 639 285 117 and “we” and “us” refer to Momentum Mental Health, and “our” has a similar meaning.

    “Website” means the whole or any part of the web pages located at www.momentummentalhealth.com.au and includes the layout, individual design elements, underlying code elements and any text, sounds, videos, graphics, animated elements or other content contained on this Website.

    We may change these Terms of Use at any time without notice. Any amendment will be effective immediately. Your continued use of this Website after any amendment constitutes an agreement by you to comply with, and be bound by, the amended Terms of Use. Accordingly, you should access and read the Terms of Use from time to time for changes.

    These Terms of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Website.

    Contact us

    Please visit our contact us page.

    Member Terms of use

    The interactive components on this Website such as the SANE forum, are intended for members to engage in an exchange of information about a diverse range of topics, to share their stories and to ask questions.

    You acknowledge that the views of members posting queries, comments or statements on this Website are not necessarily our views, and are not necessarily endorsed by us. You are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found within the interactive components of this Website. You acknowledge that divergent points of view provide for vigorous and refreshing debate amongst members, and while you may not always agree with another member’s opinion, it is courteous to remember that each member is entitled to their own point of view.

    You must not use the interactive components to engage in any illegal activity, any civil wrong or tort or any other activity that may cause loss or damage to another person. You agree to indemnify us in relation to any loss or damage incurred by us and any liability to a third party that accrues to us as a result of any use by you of the interactive components of this Website which in contravention of these Member Terms.

    Without limiting the activities which may be prohibited by these Member Terms by virtue of them constituting offences against criminal or civil laws in your jurisdiction, you must not post any material (including images, graphics, video, posts or any other content submitted by a member) to this Website that:

    • makes a false or misleading representation or constitutes misleading or deceptive conduct;
    • is defamatory;
    • constitutes a breach of copyright or another intellectual property right;
    • contravenes a suppression order or constitutes a contempt of Court or Parliament;
    • constitutes a breach of confidentiality or contract;
    • incites or counsels any person to commit a criminal offence or constitutes a breach of public order;
    • is deliberately inaccurate, abusive, vulgar, hateful, obscene, profane, inappropriately sexually oriented, threatening or constitutes harassment;
    • contains expletives or foul language; or
    • contravenes classifications, discrimination, privacy or anti-vilification laws or laws restricting or governing political advertising.

    In addition, you must not use the interactive components of this Website for commercial purposes.

    You can only post under your own username and you must not utilise this Website in any manner by which you purport to be someone else. Remember also that this Website is a public place, so you should not post personal information that you would not be comfortable sharing with a stranger. We recommend that you use only your first name or a pseudonym as your username and that you don’t post any information that may identify you or anyone else (such as your address, email address or phone number). If you are under 18 years of age, you should obtain the consent of your parent or guardian prior to registering as a member.

    At all times, you should maintain an awareness that a range of people (from different backgrounds, of varying ages, with diverse skill levels and with differing levels of familiarity with the topics being discussed), will be reading and posting to the interactive components of the Website. In order to facilitate discussion, please only use English in your posts.

    By agreeing to these Members Terms, you also acknowledge that all material posted to the interactive components of this Website may be read by a moderator. We reserve the right to remove any post that contravenes these Member Terms or which the Website moderators (in their sole discretion) consider to be inappropriate for inclusion on the Website. This may be done without any prior notice to the person who has contributed that post. We further reserve the right to suspend or cancel the registration of any member who contravenes these Member Terms.

    If any material you post raises concerns about your safety or the safety of others, we may try to contact you to make sure that you or others are safe. You acknowledge that we may also need to pass your contact details on to authorities who can help protect your safety or the safety of others (for example, to the police or a mental health crisis service).

    We may also email you if:

    • your chosen display name or avatar is in breach of the SANE Forums Community Rules;
    • we have edited/not published your post as it is in breach of the SANE Forums Community Rules;
    • a reply has been deleted because another user has requested a thread be removed; or
    • someone has replied to a thread you started.

    You acknowledge that the interactive components of this Website are not intended to be, nor should they be construed or relied upon to provide, medical advice. If you require medical advice or assistance you should contact a health professional, or if urgent assistance is required, please contact your nearest hospital or emergency service.

    By posting material to the interactive components, you grant us an irrevocable, perpetual, payment-free, worldwide and non-exclusive license to use, modify, adapt and publish that material.

    You may request at any time that your membership be cancelled from the Website. By doing so, you understand and agree that we may retain your personal information for up to six months from the date of your request and that all activity associated with your account that was generated prior to the date of your cancellation request will remain permanently on the Website (for example, your posts in the interactive components will not be deleted).

    In these Member Terms, “we” and “us” refers to Momentum Mental Health ACN 639 285 117 and any contractors we employ in relation to the management or moderation of this Website, and “our” has a similar meaning.

    By registering, and participating in the interactive components of the Momentum Mental Health website (“Website”), you agree that these terms and conditions (“Member Terms”) will apply to your use. These Member terms apply to any interactive components that may be implemented on the Website from time to time, including the SANE forums and contact us page. All these features are comprised in the term “interactive components” in these Member Terms.

    We may change these Member Terms at any time without notice. Any amendment will be effective immediately. Your continued use of the Website after any amendment constitutes an agreement by you to comply with, and be bound by, the amended Member Terms. Accordingly, you should access and read the Member Terms from time to time for changes.

    These Member Terms incorporate, and should be read together with the Website Terms of Use and the SANE Forums Community Rules.