1. Your acceptance

1.1 These are the terms and conditions (Terms) on which Wellways Pty Ltd ACN 093 357 165 (referred to as Wellways, we, our or us) permits users (referred to as you or your) to:

(a) access and use the Wellways website (www.wellways.org) (Website) including using the services and functionality made available through the Website; and

(b) view and interact with any content, information, fact sheets, communications, testimonials, advice, text or other material provided by Wellways (Wellways Content) or any content from third parties (Third Party Content).

1.2 You agree to be bound by these Terms when you use, browse or access any part of the Website.

1.3 Wellways may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2. Changes to the Website

The Website is subject to change at any time without notice and may contain errors.

3. Donations

3.1 Payment for a donation may be made online through the Website (Donation).

3.2 Wellways uses the third party service provider SecurePay (https://www.securepay.com.au/) to provide the donation payment services for the Website. For more information on SecurePay's security processes, please visit their website or contact them.

3.3 We accept online payment via SecurePay using VISA, MasterCard and AMEX credit cards.

3.4 If you choose to pay by credit card, you authorise us to debit the amount that is payable for the Donation from your nominated credit card account.

3.5 If we are unable to successfully process your credit card for your Donation, then we may cancel your Donation.

3.6 You must not make, or attempt to make Donations through any fraudulent or unlawful means.

3.7 We, or our service provider Cause I Can on our behalf, will provide you with a receipt at the time of confirmation of the Donation (or if that is not possible for any reason, as soon as possible after confirmation of the Donation) which specifies the total Donation amount.

3.8 We, or our service provider Cause I Can on our behalf, may retain, use and disclose information about your Donation (including but not limited to the amount, date and frequency of Donations) for the purpose of:

(a) assisting Wellways in the administration and facilitation of Donations via the Website;

(b) administration of donor lists; and

(c) as otherwise described in the Wellways' Privacy Policy (see paragraph 10 of these Terms).

3.9 We may retain, use and disclose all personal information in connection with your Donation in accordance with our Privacy Policy.

4. Third Party Content

4.1 When you use the Website, you may have access to Third Party Content including health information, fact sheets, communications, blog articles, news articles, forms, National Disability Insurance Scheme (NDIS) qualification information or other material.

4.2 The Third Party Content on the Website is for general information and promotional purposes only. Wellways does not endorse, warrant or make any representations as to any Third Party Content described or referred to on the Website. Any use of Third Party Content is at your own risk.

4.3 The Website may contain trade marks, logos and trade names of third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names of such third parties appearing on the Website without consent from the relevant third party.

5. Wellways Content

5.1 The Website is owned and operated by or on behalf of Wellways.

5.2 The Wellways Content on the Website is for general information and promotional purposes only. Wellways does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Wellways Content by another person or organisation is at your own risk.

5.3 The Wellways Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties. Inclusion of Wellways Content on the Website is not an endorsement of any organisation, product, service or advice.

5.4 All intellectual property rights, including copyright, in the Website and Wellways Content are owned or licensed by Wellways or any of its related entities. You must not copy, modify or transmit any part of the Website or Wellways Content without consent.

5.5 The Website contains trade marks, logos and trade names of Wellways which may be registered or otherwise protected by law. You are not permitted to use any of Wellways' trade marks, logos or trade names appearing on the Website.

5.6 Wellways grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified in paragraph 7 and elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.

5.7 If you have a complaint regarding any Wellways Content or Third Party Content, Wellways' sole obligation will be to review any written complaint notified to us and, if we see fit, in our sole discretion, to modify or remove the particular Wellways Content or Third Party Content.

6. No provision of medical advice

6.1 The Website, including Wellways and Third Party Content, provides information regarding mental health, wellbeing and information for developing a NDIS plan, but is designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a health-care professional if you have any concerns or questions about your health (including mental health), and you should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the Website.

6.2 Wellways does not warrant or guarantee any information or advice which you may receive from third parties referred to on or from the Website, or take any responsibility for the outcome of any advice sought.

6.3 Advancements and developments in mental health research will continually affect the information contained in the Website, and Wellways Content and Third Party Content referred to in the Website. Wellways gives no guarantee that such information will always reflect the latest or most recent findings or developments.

6.4 Nothing contained in the Website, including the use of our 1300 helpline, Wellways Content, Third Party Content or services made available through the Website is intended to be, and it must not be taken to be, the practice of medical or counselling care.

6.5 Your access or use of the Website, Wellways Content, Third Party Content or services made available through the Website (including our 1300 helpline) does not in any way create between you and Wellways, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part.

6.6 Any reliance or use of any information provided by or contained in the Website, Wellways Content. Third Party Content or services made available through the Website is solely at your own risk.

7. Prohibited uses

You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:

(a) download (other than page caching) or modify the Website or any portion of the Website;

(b) bypass (or attempt to bypass) any security mechanisms imposed by the Website;

(c) impersonate or falsely claim to represent a person or organisation;

(d) are commercial, including selling, marketing, advertising or promoting goods or services

(e) frame the Website without Wellways express written permission;

(f) link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner in which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(g) link, or otherwise communicate or distribute any material or information that we deem inappropriate.

8. Links and advertisements

8.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Wellways provides those links as a ready reference for searching for third party information, goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.

8.2 Facebook, Twitter, YouTube and other third party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Wellways is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Wellways is not responsible for and will not be liable in respect of any incorrect link to an external website.

9. Access and communication

9.1 Subject to the consumer guarantees provided for in the ACL (as defined in paragraph 12.2), Wellways does not warrant that you will have continuous access to the Website.

9.2 Wellways will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

9.3 Wellways does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

9.4 Whilst Wellways takes reasonable precautions to protect information transmitted via the Website, Wellways cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.

9.5 Wellways does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

10. Privacy

10.1 Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to Wellways is subject to and will be handled in accordance with Wellways' Privacy Policy. Your acceptance of this Privacy Policy forms part of these Terms. You agree that, by using the Website or communicating with Wellways, you have read the Privacy Policy, understood its contents and consented to its requirements.

10.2 You must not provide any personal information of another individual via the Website unless you first make them aware of Wellways' Privacy Policy and have their consent to provide such personal information.

10.3 Any personal information submitted by you will be used for the purposes contemplated by the Privacy Policy, and otherwise for the purpose of providing the Website as contemplated by these Terms, including but not limited to providing you with periodic eNewsletters from Wellways where you have subscribed to receive such eNewsletters.

11. Indemnity

You will fully indemnify Wellways in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Terms by you;

(b) your use of the Website, Wellways Content or Third Party Content; or

(c) your communications with Wellways.

12. Warranties, consumer guarantees and limitation of liability

12.1 Subject to paragraph 12.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

12.2 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 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

12.3 To the fullest extent permitted by law, the liability of Wellways for a breach of a non excludable guarantee referred to in paragraph 12.2 is limited, at Wellways option, to

(a) in the case of goods, any one or more of the following:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or

(b) in the case of services:

(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

12.4 Wellways will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Wellways Content, Third Party Content, all links to or from the Website or goods and services advertised or referred to on the Website.

12.5 Subject to this paragraph 12, the maximum aggregate liability of Wellways for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.

13. Termination of your access to the Website

13.1 Wellways may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice.

13.2 This paragraph 13.2 and paragraphs 4.2, 4.3, 5.1, 5.2, 5.3, 5.4, 5.5, 6, 7, 8, 9, 10, 11, 12, 13.2, 13.3, 14, 15 and 16 will survive termination of your access to the Website in accordance with paragraph 13.1 and will continue to the benefit of and be enforceable by Wellways.

13.3 Provisions concerning how we will handle personal information will also survive termination including provisions that describe how we may handle your personal information in accordance with the provisions of our Privacy Policy.

14. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

15. International Use

15.1 We make no representation or warranty that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.

15.2 You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before using the Website User Content. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.

16. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

17. Contacting us

If you have questions about the Website, these Terms or our programs, or otherwise have general enquiries, please contact us by using the details provided on the Website. If you have a query about Wellways' Privacy Policy, the contact details are set out in the Wellways' Privacy Policy.

Last updated: August 2022.