The Resilience Box® Terms of Use


The Resilience Box Pty Ltd (ACN 636 137 409) (“The Resilience Box”, “we”, “our” and “us”) owns and operates The Resilience Box® platform (the Platform). Access to and use of the Platform and the products and services available through the Platform (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

 

1. Amendments to Terms of Use
We reserve the right to amend these Terms of Use from time to time. Reasonable notice of amendments will be provided by publication on the Platform and/or by email. Your continued use of the Platform after the amendments take effect will represent an agreement by you to be bound by the terms and conditions as amended.

2. Becoming a Subscriber
In order to access the Services offered on the Platform, you must become a subscriber. The Resilience Box has both individual and corporate subscribers. Corporate subscribers are required to first enter into an agreement with us and provide us with the email addresses of their employees who will be using the Platform. We will then send a confirmation email to those employees who must register individually to become a subscriber.

To become a subscriber you must:

(a) be at least 18 years of age;

(b) possess the legal right and ability to enter into a legally binding agreement with us; and

(c) complete your subscription details in the manner required on the Platform.

You will be provided with a password which you must protect securely.

You agree to ensure that your subscription details remain true and accurate at all times. You must notify us of any change to the subscription details as originally supplied.

3. The Services
All information provided by us pursuant to these Terms of Use is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.

If you need professional support from any of our psychologists (via phone, video or a face-to-face meeting) at any time when you are using the Platform, then please press the “Support” button appearing on each page of our Platform.

We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Platform.

We reserve the right to terminate your subscription at any time if you breach these Terms of Use.

4. Payments
Where your employer has entered into a commercial arrangement with us to make the Platform available to its employees, your employer will be responsible for paying any subscription fees. Employers will be required to pay an annual subscription fee at the commencement of each 12 month employer subscription period. However, where that commercial arrangement comes to an end or you leave your employment, your right to use the Platform will end. Should you wish to do so, you may continue to use the Platform provided that you pay the subscription fees applicable to your use of the Platform. Please contact us for further details of the relevant subscription fees.

If you wish to subscribe to The Resilience Box directly (rather than accessing the Platform as an employee at your workplace), you may do so upon payment of the relevant subscription fees. Please contact us for further details of the relevant subscription fees.

5. Linked Sites

The Platform may contain links to websites (Linked Sites), which are not operated by The Resilience Box. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use contained within each such site.

6. Privacy

Our Privacy Policy, which sets out how we collect, use, disclose and store your personal information, can be found at https://resiliencebox.com/privacy-policy/. By using the Platform, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy.

Please note that, where we consider it necessary, we may disclose your personal information to an emergency service provider, such as an ambulance service or the police

7. Prohibitions

(a) You agree to use the Services for lawful purposes only.

(b) You must not misuse the Platform and, in particular, you must not:

       (i) commit or encourage a criminal offence;

       (ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way                      offensive or obscene;
       (iii) hack into any aspect of the Service; corrupt data; cause annoyance to other users;
       (iv) infringe upon the rights of any other person;
       (v) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
       (vi) attempt to affect the performance or functionality of any computer facilities of or accessed through the Platform.

Breaching this provision would constitute a criminal offence and The Resilience Box will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(c) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any Linked Sites.

8. Intellectual property, software and content

The intellectual property rights in all software and content (including videos, podcasts and photographic images) made available to you on or through the Platform remain the property of The Resilience Box or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Resilience Box and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Platform nor may you use any such content in connection with any business or commercial enterprise.

9. Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. You acknowledge sole responsibility for, and assume all risk arising from, your use of the Platform.

10. Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, The Resilience Box hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Platform, the Services or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) This does not affect The Resilience Box’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

11. Indemnity

You agree to indemnify, defend and hold harmless The Resilience Box, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from:

(a) your use of the Platform and/or Services; or

(b) your breach of the Terms of Use.

12. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

13. Governing Law

These Terms of Use are governed by the laws in force in New South Wales. You agree to submit to the jurisdiction of the courts of that State.

14. General

(a) We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

(b) If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

(c) If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

Last Updated: 12 March 2020

 

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