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SilverCloud Platform and Website Terms of Use

SilverCloud is a digital wellness/therapy programme delivery platform. The SilverCloud platform website ("Website") is operated by SilverCloud Health Australia Pty Ltd ACN 647 757 346 (“us”, “we”, "our", "SilverCloud") whose registered address is at 7 Southport Street, West Leederville, WA 6007. These Terms of Use ("Terms") apply to the Website.

Please read these Terms carefully before you start to use the Website. By using the Website, you are confirming that you accept these Terms and our Privacy Policy and that you agree to abide by them. If you do not agree to these Terms, you are not authorised to use the Website and should exit immediately.

IMPORTANT NOTICE

Please note that the materials and information accessible through use of the SilverCloud Services and this Website should not be used as a substitute for patient-specific treatment provided by a qualified healthcare professional, should not be relied on as health or personal advice, and it is not intended to be used to diagnose, treat, cure or prevent any disease, nor should it be used for therapeutic purposes or as a substitute for your own health professional's advice. If you have any questions or concerns in relation to your specific symptoms or treatment, you must seek advice from a qualified healthcare professional, recognising that the provision of materials and information through the SilverCloud Services or this Website is in no way intended to create a patient to health care provider relationship between you and SilverCloud.

If you are experiencing a medical emergency, including a mental health emergency, you should call your doctor, go to the nearest hospital emergency department, or dial 000 immediately.

1. These Terms

1.1 In order to become a User ("User" or "you") of the Website and to enjoy the services offered and features available on the Website ("SilverCloud Services"), you must read and accept all these Terms and the Privacy Policy. By clicking on the "I understand and agree" (or similar button) that is presented to you at the time you apply to access the SilverCloud Services, or by using the Website, you indicate your acceptance of these Terms. Nothing in these Terms or the Privacy Policy shall be deemed to confer any third-party rights or benefits.

1.2 We may modify these Terms from time to time without notice. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the SilverCloud Services after any such modification is posted on the Website at the same location. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. Should you object to these Terms or any subsequent amendment of these Terms, you must immediately discontinue access and use of the SilverCloud Services and/or the Website.

1.3 These Terms were most recently updated on 1 August 2021.

2. Use of the Website

2.1 Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website.

2.2 You must be 18 years of age or over to use the Website.   

2.3 Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.

2.4 The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by SilverCloud. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website.

2.5 We disclaim any and all responsibility in relation to any SilverCloud Services offered or made available on the Website to the maximum extent permitted by law. Neither SilverCloud nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of SilverCloud Services accessed or agreed to be supplied through or in connection with the Website.

3. User Responsibility

3.1 You agree to act in a responsible and legal manner when using the Website and accessing the SilverCloud Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the Website or SilverCloud Services for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.

3.2 You agree not to:

3.2.1 attempt to gain unauthorised access to the Website, in particular the non-public areas, the server on which the Website is stored or any server, computer or database connected to the Website;

3.2.2 attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

3.2.3 interfere with, disable, overburden, damage, impair or disrupt the Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;

3.2.4 use in connection with the Website any pirated software or any copyrighted materials or counterfeit materials without the permission of the copyright holder;

3.2.5 use in connection with the Website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render SilverCloud liable to the payment of damages to any third party;

3.2.6 use any robot, spider or other automatic device, process or means to access the SilverCloud Services or the Website for any purpose, including monitoring or copying any of the material on the SilverCloud Services or the Website;

3.2.7 send, knowingly receive, input, upload, download, use or re-use any material which, or in a manner which, does not comply with these Terms;

3.2.8 use any manual process to monitor or copy any of the material the SilverCloud Services or the Website or for any other unauthorised purpose without our prior written consent;

3.2.9 use any automatic or manual process to reverse engineer or decompile any part of the SilverCloud Services or the Website; or

3.2.10 introduce any viruses, trojans, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful.

3.3 We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates the provisions of this section 3, including, without limitation, reporting you to appropriate law enforcement authorities.

3.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in accessing the  SilverCloud Service and/or Website, you must treat such information as confidential and must not disclose it to any third party.

3.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

3.6 If you know or suspect that anyone other than you know your user identification or password, you must promptly change your password.

4. Content

4.1 Other than personally identifiable information (otherwise referred to as "Personal Information" under the Privacy Act 1988 (Cth)), which is covered under our Privacy Policy, any material you transmit or submit to the SilverCloud Services or Website shall be considered non-confidential and non-proprietary (User Contributions).

4.2 You understand that by supplying User Contributions or information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive licence to use the User Contributions and any such information for any purpose in the course of offering our services.

4.3 User Contributions must comply with all applicable federal, state, local and international laws and regulations. You warrant that your User Contributions will not:

4.3.1 contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful or inflammatory;

4.3.2 contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

4.3.3 infringe any patent, trademark, trade secret, copyright or other intellectual property rights (wherever recognised) or other rights of any other person;

4.3.4 violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;

4.3.5 be likely to mislead or deceive any person;

4.3.6 promote any illegal activity, or advocate, promote or assist any unlawful act;

4.3.7 impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;

4.3.8 involve commercial activities or sales; or

4.3.9 give the impression that you emanate from or are endorsed by us or any other person or entity, if this is not the case.

4.4 Whenever you make use of a feature that allows you to upload content to the SilverCloud Service and/or Website, or to make contact with other users, you must comply with these content standards.

4.5 You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

4.6 You are permitted to print and download limited extracts from the Website for your own personal use provided that:

4.6.1 no documents or related graphics on the Website are modified in any way;

4.6.2 no graphics on the Website are used separately from corresponding text; and

4.6.3 SilverCloud's copyright and trade mark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged.

4.6.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.6.5 You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.

4.7 If you print off, copy or download any part of the Website in breach of these Terms:

4.7.1 your right to use the Website will cease immediately;

4.7.2 you must, at our option, return or destroy any copies of the materials you have made; and

4.7.3 we or our licensors may seek to bring a claim against you for any copyright infringement or other loss which is believed to have resulted from your actions.

5. Intellectual Property

5.1 The Website and SilverCloud Services contain materials and information which constitutes valuable intellectual property that is owned by SilverCloud or its licensors ("SilverCloud IP"). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the SilverCloud IP and reserve all rights in respect of same.

5.2 Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website, together with the material displayed thereon and all associated SilverCloud IP. However, no right, title or interest in any such materials or SilverCloud IP will be granted or transferred to you as a result of any permitted use of such materials. This licence does not include any collection, aggregation, copying, duplication, display or derivative use of the SilverCloud Services and/or Website, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us.

5.3 All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by SilverCloud, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the SilverCloud Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

5.4 Subject to the arrangements set out in our Privacy Policy, you confirm the following In respect of all content or material that you submit via the Website or otherwise:

5.4.1 you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and

5.4.2 you confirm that you have obtained the consent of any individual identified in such material to the submission of the material via the Website or otherwise.

5.5 The SilverCloud IP is provided by us on an "as is" and "as available" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any SilverCloud IP. Without prejudice to the limits and exclusions of liability contained elsewhere in these Terms, and to the extent permitted by applicable law, we exclude any or all responsibility and/or liability for any damages or loss of any kind whatsoever with respect to the SilverCloud IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

6. Suspension and Termination

6.1 We may monitor your account and the conduct of your account to determine whether these Terms are being followed. We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or the SilverCloud Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.

6.2 You agree that we may, with or without cause and/or prior notice take any or all of the following actions:

6.2.1 implement an immediate, temporary or permanent withdrawal of your right to use the Website or SilverCloud Services;

6.2.2 issue a warning to you;

6.2.3 bring legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach);

6.2.4 bring further legal action against you; and/or

6.2.5 disclose such information to law enforcement authorities or regulatory authorities as we reasonably feel is necessary.

6.3 Without limiting the foregoing, the following will lead to a termination by us of your use of the SilverCloud Services:

6.3.1 any breach or violation of these Terms or other incorporated SilverCloud agreements or guidelines;

6.3.2 a request by any law enforcement or other government agencies;

6.3.3 an express request by you;

6.3.4 our reasonable suspicion that of fraud; or

6.3.5 the occurrence of unexpected technical issues or problems.

6.4 We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.

6.5 In the event of taking action under Clause 6.2, we reserve the right to delete or remove any or all of your information, material, or other content stored on our system at our sole discretion, unless otherwise required to be retained by law.

7. Indemnification

7.1 By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless SilverCloud, our related entities, licensors and service providers, and each of our and their officers, employees, contractors, agents, licensors, suppliers, successors, assigns and other partners (each an Indemnified Party) from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by any of the Indemnified Parties, arising from or relating to any claims or legal proceedings which are brought or threatened against an Indemnified Party by any person resulting from: (a) your use of the Website or the SilverCloud Services; (b) unauthorised access to the Website and SilverCloud Services enabled through your breach or alleged breach of these Terms; or (c) any breach or alleged breach of these Terms by you or any other matter relating to the Website or SilverCloud Services.

7.2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

7.3 In the event that any of your User Contributions or enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

8. Exclusions and Limitations of Liability

IMPORTANT – YOU MUST CAREFULLY NOTE THE CONTENTS OF THIS SECTION

8.1 Unless otherwise agreed by us in writing, the operation or availability of, and any material and content displayed on, the Website and SilverCloud Services are provided “as is” and "as available" without any guarantees, conditions or warranties as to its accuracy or other terms of any kind. We do not guarantee that the SilverCloud Services or the Website will be secure or free from bugs, viruses or any other type of malicious code or software. To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude:

8.1.1 all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:

(a) that the Website and SilverCloud Services are of satisfactory quality, accurate, complete, timely, fit for a particular purpose or need, or non-infringing;

(b) that the Website and SilverCloud Services will meet your requirements, are error-free, without interruption or available at all times

(c) warranties as to privacy and security other than as stated in our Privacy Policy;

(d) that you will be able to access or use the Website or SilverCloud Services at times or locations of your choosing; and

(e) any warranties on the basis of oral or written information given by a SilverCloud representative; and

8.1.2 any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and SilverCloud Services or in connection with their use, or results of the use of the Website and SilverCloud Services, any websites linked to them and any materials posted on them, including without limitation any liability for:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings, the use of money or opportunity;

(e) loss of data;

(f) loss of goodwill or reputation;

(g) wasted management, office time or personnel time;

(h) work stoppage, computer failure or malfunction, or

(i) any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.2 Nothing in this section 8 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Where our liability cannot be excluded, we limit our liability to you to the fullest extent permitted by applicable law, including as provided under theAustralian Consumer Law.

8.3 Subject always to section 8.2, SilverCloud is not responsible or liable for any act or omission of any user of the Website, including any harm or injury that a user of the Website may cause to themselves or to any third party. If you are dissatisfied in any way with the Website or the SilverCloud Services, you should immediately stop using the Website or the SilverCloud Services concerned.

8.4 Subject to this clause 8, our maximum aggregate liability to you for any loss, damage or injury arising out of or in connection with the performance or non-performance of these Terms, including any breach by us of these Terms however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of AUD$1,000.

8.5 Whilst we endeavour to ensure that the Website and SilverCloud Services are normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or media players due to technical problems or traffic congestion on the internet or on the Website or any of the SilverCloud Services or combination thereof, including any injury or damage to your or to any person's computer related to or resulting from participation in connection with the Website or SilverCloud Services. Access to the Website and SilverCloud Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair, for business or operational reasons, or for reasons beyond our control.

8.6 We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Website or SilverCloud Services will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to:
silvercloud@honeysucklehealth.com.au.

8.7 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website or SilverCloud Services with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Website or SilverCloud Services.

9. Governing Law

The courts of Victoria (and any courts that may hear appeals from any of those courts) will have exclusive jurisdiction over any claim arising in respect of, or related to, the Website and SilverCloud Services although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms will be governed by and construed in accordance with the laws of Victoria.

10. Links

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you leave the Website. We are not responsible for the content, intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website (or information you obtain from them) by SilverCloud. When you access these third-party sites, you do so at your own risk.

11. Linking to the Website

11.1 You may link to the Website homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in anyway so as to suggest any form of association, approval or endorsement on our part where none exists.

11.2 You may not mirror, screen scrape or otherwise reproduce all or any part of the Website on any other site, nor may you create a link to any part of the Website other than the home page. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part and we reserve the right to withdraw linking permission without notice.

11.3 If you wish to make use of material on the Website or SilverCloud Services other than set out above, please address your request to: info@silvercloudhealth.com.

12. Communication Between Us / Disputes

12.1 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail to info@silvercloudhealth.com.

12.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid registered post to the address you provide to us in your request via the Website.

13. General Terms

13.1 These Terms, which incorporate our Privacy Policy, and any notices raised by us on our Website from time to time constitute the entire agreement between you and SilverCloud regarding the use of this Website and the SilverCloud Services. Additional terms and conditions may also apply to specific portions, services or features of the SilverCloud Services or the Website. All such additional terms and conditions are incorporated by this reference into these Terms.

13.2 The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

13.3 We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

13.4 These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to SilverCloud and you.

13.5 You may not assign, novate, sub-contract or otherwise transfer its part or all of these Terms, without the prior written consent of SilverCloud.

13.6 Nothing in these Terms shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and SilverCloud.

13.7 We shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.

13.8 Unless otherwise stated in these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

You should print a copy of these Terms for future reference.