Terms of use

These Terms of Use govern all access and use of the Mentally Healthy Workplaces platform. It is important that you read them carefully.

The Mentally Healthy Workplaces platform comprises the code, functionality, design, images and graphics (System), and the information and documents published on the platform (Content) (together, the ‘Platform’).

These Terms of Use incorporate any special conditions that apply to the use of certain parts of the Platform and are notified to you as conditions for accessing those parts of the Platform (Special Conditions). If anything in any Special Conditions is inconsistent with the Terms of Use, the Special Conditions prevail to the extent of the inconsistency.

These Terms of Use constitute a binding contract between the National Mental Health Commission (‘we’, ‘us’ or ‘our’), and any user or account holder of the Platform including any organisation represented by a user (‘you’ or ‘your’). They set out important information about how the Platform must be used. They also set out the legal consequences if you misuse the Platform.

1. Use of the Platform

   1. These Terms of Use contain the terms and conditions that apply each time you access and use the Platform. These Terms of Use take effect when you click the ‘Agree to Terms of Use’ box or when you otherwise access and use the Platform.
   2. If you do not agree to these Terms of Use, you must immediately cease using the Platform and delete any relevant account.
   3. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. In the event that the Terms of Use are amended, we will update these Terms of Use on the Platform. Your continued use of the Platform following the posting of any changes to the Terms of Use will mean that you accept and agree to any changes.
   4. We will provide the Platform as a service which you may access for free, subject to compliance with these Terms of Use.
   5. You must not use the Platform in a manner that may interfere with or harm other users of the Platform.
   6. If you create an account, you must keep your login details confidential and you must not provide your log-in details to any other person for use, or allow any other person to use your account.
   7. While you will be able to access the Platform without an account, users must create an account to access personalised and interactive features of the Platform such as saving and sharing content.
   8. Where a user accesses the Platform on behalf of an organisation, including as an employee, officer or agent of an organisation, the user warrants that they have obtained all necessary authorisation to bind the organisation to these terms, complied with all relevant organisational policies and procedures in relation to this, will continue to hold that authority and will immediately cease to use the Platform in the event that such authorisation is revoked.

2. Content

   1. You are solely responsible for all your use of the Platform and any content posted or endorsed from your account.
   2. You must review any content that you post with due care and not post, transmit, or input via, or in relation to the Platform, any:
      1. real names of people or information that would identify an individual or any personal information;
      2. material that is false, misleading or deceptive
      3. material that may improperly influence a jury or witness;
      4. confidential information;
      5. ‘sensitive information’ as defined in the Privacy Act 1988 (Cth) (available here), ‘identifying information’ of healthcare recipients under the Healthcare Identifiers Act 2010 (Cth) (available here), or any information relating to the healthcare of individuals that are the subject of the post;
      6. material that would infringe the intellectual property rights of another person;
      7. harmful code or malware;
      8. classified information;
      9. advertising of goods and services without our prior written consent;
      10. material protected by copyright without the permission of the copyright owner;
      11. unlawful, defamatory, obscene, offensive or scandalous content; or
      12. content that constitutes or encourages conduct that would contravene any law or which may harass or cause distress or inconvenience to any person.
   3. Where content that you post contains information provided by a third party or your organisation, you warrant and represent that you have obtained their consent to:
      1. the inclusion of that information in your post;
      2. the amendment, adaptation or modification of that information by us; and
      3. the publication of that information in the post on the Platform.
   4. You are able to share content to social media subject to these Terms of Use.
   5. Account holders will be able to save personal collections of Platform content for future reference. These collections may also be shared with third party users, who are not account holders. Where an account holder elects to share Platform content in this way, that content is subject to these Terms of Use, and sharing of the content must meet these conditions:
      1. Content must be presented in a way that fairly and accurately represents our role and the Platform;
      2. You must not give third parties the impression that we have endorsed your sharing of the content;
      3. You must not misrepresent the content to any third party; and
      4. You must not, by sharing the content, bring, or be capable of bringing, us, the Platform or the Australian government into disrepute.
   6. You must not post any content or documents to the Platform or leave any comments in respect of the Platform, that would damage or bring into disrepute our reputation, or the reputation of the Australian Government.
   7. You agree to provide reviews or feedback on the Platform in good faith and in accordance with clause 2.a, and you acknowledge that we may use your comments to improve the Platform.
   8. We may remove any content that you post to the Platform at any time with or without notice and for any reason, including if that content infringes any of the obligations in this clause 2.

3. Links

   1. You may create links to the Platform on third party websites or platforms. In creating any link on the Platform you warrant and represent that you have sufficient permission from the owner of that content to link the content on this Platform.
   2. Any link to pages on the Platform, must meet these conditions:
      1. Links must be presented in a way that fairly and accurately represents our role and the Platform;
      2. The context of the link must not give visitors to the website or platform the impression that the website, platform or your company, is sponsored or endorsed in any way by us;
      3. The context of the link must not suggest that we have created any of the website or platform content on any pages that include a link to our Platform or that we otherwise endorse that content;
      4. The third party website or platform must not contain unlawful, defamatory, obscene, offensive or scandalous content; and
      5. The third party website or platform must not bring, or be capable of bringing, us or the Australian government into disrepute.
   3. Upon any request from us, you will immediately remove any link to the Platform for any reason.

4. Intellectual property protection

   1. We own or license all intellectual property in the Platform. Nothing in these Terms of Use transfers or assigns any intellectual property rights to you.
   2. Where you post material to this Platform we may use it as Content and you agree to grant (and warrant that you hold all necessary rights to grant) to the Commonwealth a permanent, irrevocable, royalty-free, licence fee-free, world-wide, transferable, non-exclusive licence (including a right of sublicence) to use, reproduce, adapt, publish and exploit all or any part of your materials, with or without attribution or authorship, for the purposes of the Platform or any activities relating to the Platform (including but not limited to promotional activities, evaluations of the Platform, and reporting on the Platform) or in a different context to what you originally envisaged.
   3. Where you link your materials to this Platform, you agree to grant to the Commonwealth a permanent, irrevocable, royalty-free, licence fee-free, world-wide, transferable, non-exclusive licence (including a right of sublicence) to:
      1. use reproduce, adapt, publish and exploit any summary that you or the contributor organisations have authored in respect of the material; and
      2. summarise that material and to publish this summary on the Platform for the purposes of assisting a user with understanding the overarching purpose and content of the linked material.
   4. You may use the Content that is published on the Platform under the terms of the Creative Commons Licence Attribution 4.0 International (CC BY-NC-ND 4.0) licence (https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode). The terms of this licence require you to give attribution to us by including a notice on any Content that you publish.
   5. No part of the System may be copied, reproduced, republished, uploaded posted publicly displayed, encoded, translated, transmitted or distributed in any way, without our express prior written consent.
   6. Ownership of intellectual property rights, including copyright that subsists, in any content that you post on the Platform remain unchanged. By posting any content to the Platform, you warrant and represent that you own the copyright with respect to such material or have received permission from the copyright owner for the publication of their content. In addition, you grant us the non-exclusive right and license to display, copy, publish, distribute, transmit, print and use such information or other material.
   7. You acknowledge and agree that any right of sublicence that you grant to us under this clause 4 includes the right for us to sublicence your posted content under Creative Commons Licence Attribution 4.0 International (CC BY-NC-ND 4.0) licence (https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode).
   8. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know at nwi@mentalhealthcommission.gov.au.

5. Moral Rights

   1. To the extent permitted by law and for our benefit, you consent, and must use your best endeavours to ensure that each author of material you post to the Platform consents in writing, to our use of the material, even if the use may otherwise be an infringement of the author’s moral rights.
   2. 'Moral Rights’ for the purposes of clause 5a means the rights in Part IX of the Copyright Act 1968 (Cth), including the right of attribution, the right against false attribution and the right of integrity.
   3. Where you post material on the Platform or provide material to the Commission for publication on the Platform, the Commission will take reasonable steps to acknowledge you as the contributor of material.

6. Privacy provisions

   1. Your personal information is protected by law, including the Privacy Act 1988 (Cth) (the ‘Privacy Act’) and the Australian Privacy Principles. Our Privacy Policy applies to the Platform and can be found here.
   2. You agree and consent to the use of your personal information in accordance with our Privacy Policy and Privacy Notice as updated from time to time. Our Privacy Notice can be found here.
   3. When using the Platform, you agree to comply with the Australian Privacy Principles under the Privacy Act, and you agree to not do any act or engage in any practice which, if done or engaged in by us, would be a breach of the Australian Privacy Principle under the Privacy Act.
   4. The information you provide, including any ‘personal information’ as defined in the Privacy Act 1988 (Cth), will be used by us to administer the Platform, and in the preparation of any content to be published on the Platform and otherwise in accordance with our Privacy Policy and the Privacy Notice.
   5. You consent to and authorise the collection, use and disclosure by us of the information, including any personal information that you provide, for the purposes of verifying compliance of your content with these Terms of Use, and editing, publishing and promoting your content. You acknowledge that this may include publication of your content on our website, the Platform and social media platforms.
   6. You further consent to the Australian Privacy Principles (APPs) not applying to any overseas disclosure of your information or images. Where your information is published on the Platform, our website and social media platforms, it may be accessible to an overseas recipient who may not be subject to any privacy obligations or any principles similar to the APPs.

7. Cookies

   1. A cookie is a piece of information contained within a small file that a website sends to your browser when you access information at that site. We use cookies collected on the Platform to gather Platform usage data and to optimise the experience of all users on the Platform. You can change your web browser settings to reject cookies or to prompt you each time a website wishes to add a cookie to your browser.
   2. We use a tool called “Google Analytics” to collect information about use of this Platform. Google Analytics collects information such as how often users visit this Platform, what pages they visit when they do so, and what other sites they used prior to coming to this Platform. We use the information we get from Google Analytics only to improve this Platform. You can prevent Google Analytics from recognising you on visits to this Platform by disabling cookies on your browser.
   3. We use a third party software as a service called Usersnap to enable to users to provide feedback on the NWI Portal. Usersnap may collect your personal information where this is voluntarily supplied by the user. Further information about Usersnap is set out in the privacy policy on the Usersnap website. We only use information submitted through Usersnap to improve this Platform.

8. Termination and suspension of use

   1. We may make changes to any aspect of the Platform, or suspend or cease to provide the Platform, at any time and without notice.
   2. The Platform may be unavailable without notice for any reason, including due to power outages, system failures, security measures, maintenance or other interruptions.
   3. We reserve the right to remove content you post or terminate or suspend your access to the Platform with or without notice for any reason.

9. Notices

   1. From time to time we may send you emails providing you with information about the Platform.
   2. You consent to receive these emails however this does not affect your ability to opt out of receiving emails by activating the 'opt out' option included in each email.

10. General

    1. You cannot assign your obligations or rights under these Terms of Use without our prior written approval, which may be withheld in our complete discretion, or given on conditions. We may novate our obligations and rights under these Terms of Use to any other entity and by using the Platform you consent to such novation.
    2. These Terms of Use are governed by the laws of the New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
    3. You must comply with all laws applicable to use of the Platform.
    4. A reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment of that legislation or legislative provision.
    5. These Terms of Use record the entire agreement between us in relation to its subject matter.
    6. If anything in these Terms of Use is void or otherwise unenforceable then it will be severed and the rest of the contract remains in force.
    7. You are not by virtue of this contract an officer, employee, partner or agent of ours, nor do you have any power or authority to bind or represent us. You agree not to misrepresent your relationship with us.
    8. Our failure to enforce any right or provision of these Terms of Use is not a waiver of our rights.
    9. If you encounter issues with the Platform, or believe you see content that violates these Terms of Use, or have questions about the Platform, please contact us at nwi@mentalhealthcommission.gov.au.

11. Service

    1. We provide the Platform in good faith. We do not guarantee:
       1. uninterrupted access to the Platform;
       2. that there will not be delays, failures, errors or omissions or loss of transmitted information;
       3. that content on the Platform is free from viruses, or contaminating or destructive properties; or
       4. that no damage will occur to your computer system, software or data when using the Platform.

12. Exclusion of liability

    1. You agree that you access and use the Platform at your own risk.
    2. We make no representation or warranty regarding the performance, accuracy, reliability, fitness for purpose, non-infringement of third party rights, third party misuse or availability of the Platform.
    3. We exclude all liability to you for any direct or indirect loss or damage whatsoever, whether through accessorial liability for a breach by you, our negligence, any action or omission of a user of the Platform, as a result of any tort, or otherwise (including, without limitation, special, consequential or exemplary damages, damages for loss of profits, goodwill, contracts, data or other intangible losses) suffered by you or any other person as a result of, or in connection with:
       1. your use of, or reliance on, the Platform;
       2. your breach of these Terms of Use;
       3. any action or omission on the part of the Australian Government or its agents; or
       4. your inability to use the Platform, including as a result of any termination or suspension of your use of or access to the Platform, or our discontinuation or modification of any or all of the Platform, or unavailability of the Platform due to power outages, system failures, security measures, maintenance, or other interruptions.
    4. For the avoidance of doubt, clause 12.c includes an exclusion of all liability for the downloading of any harmful material, out of or in connection with the use of any information posted on the Platform. Users should ensure they have adequate protection against viruses when accessing the Platform.

13. Indemnity

    1. You indemnify us from and against any claims, loss, damage, liability or expense, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid, arising from any of the following:
       1. your use (including any incorrect use) of the Platform; and
       2. any breach of these Terms of Use.
    2. Your liability to indemnify us under this clause 13 will be reduced proportionately to the extent that any act or omission involving fault on our part contributed to the relevant loss, liability, damage or expense.
    3. Our right to be indemnified under this clause 13 is in addition to, and not exclusive of, any other right, power or remedy provided by law.

14. Accuracy of information

    1. The Platform links to external information. It is important that you read the most up-to-date version of any material that is linked from the Platform. We do not endorse any third-party links and we have no direct control over the content of any linked websites, or the changes that may occur to the content on those websites. You must make your own assessment of the information contained on external websites and, if you choose to rely on it, it is wholly at your own risk.
    2. Links to external websites are provided for information only, and you are responsible for making your own enquiries and decisions about the accuracy, reliability, currency and completeness of information contained in external information.
    3. We do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any third party material or websites linked to the Platform.

15. Security

    1. If you send information to or from the Platform, or any email account associated with us, there is a risk it may be viewed, intercepted, corrupted, modified or disclosed to third parties.
    2. We cannot guarantee the security or integrity of information you send through the Platform or by email. Any information you transmit is at your own risk.
    3. You can contact us to report any concerns you may have about any suspicious or unauthorised activity while using the Platform at nwi@mentalhealthcommission.gov.au.

Special Conditions for Organisation Users

These Special Conditions govern the creation and use of an organisation’s administrator account on the Platform and supplement the Terms of Use for the Platform. These Special Conditions only apply to organisations and their users that access the Platform using an administrator account or a permission granted through an administrator account.

1. Users appointed on behalf of an organisation

   1. We permit you to create, use and administrator an account on the Platform subject to you complying with the Terms of Use and these Special Conditions
   2. Organisations can appoint account administrators who may create, access and administer an account on the Platform on behalf of the organisation (Account Administrator).
   3. Account administrators may:
      1. create and administer an account on the Platform;
      2. post content on the Platform, including written content, digital content, video, film, sound recording, live presentation or webinar event (Post); and
      3. appoint or remove end users within your organisation who may Post (Organisation User).

2. Content posted on behalf of organisations

   1. Where an Account Administrator or an Organisation User submits a Post on behalf of an organisation, including as an employee, officer or agent of an organisation:
      1. your organisation warrants and represents that the Account Administrator and any Organisation Users have obtained all necessary authorisation from the organisation to submit the Post and have complied with all relevant organisational policies and procedures in relation to the submission of the Post;
      2. you will procure that your organisation provides a Deed Poll to us in the form provided by us, where your organisation has not already submitted the Deed Poll to us;
      3. you will immediately cease to use the Platform in the event that your authorisation is revoked;
      4. your organisation must remove an Organisation User from accessing the Platform if your organisation directs that they may no longer access the Platform or if we, in our sole discretion, notify you to do so.
   2. You acknowledge that we may contact you to verify details in the Post and/or obtain further information for the Post, if needed.
   3. You acknowledge that we may edit your Post to ensure it aligns with the writing style and presentation used in the Platform and any other applicable standards, guidelines and best practice with respect to the publication of mental health materials.
   4. You acknowledge that we will provide a final version of the Post for your review and endorsement before publication on the Platform. 

3. Anonymisation of case studies

   1. You or any Account Administrator or Organisation User must anonymise material before submitting as a Post. In addition, we may, but have no obligation to, change the names or identifying information of a person or organisation in a Post. We will not be held liable for any loss or damage whatsoever due to a person or organisation being identified in a Post you submit to the Platform.

Last updated 2 December 2022