Daybreak Terms and Conditions


Community guidelines


✓ Please do:

  • Respect other people’s beliefs, opinions and personal experiences.

  • Be yourself but stay anonymous.

  • Report content. Please tell us if there’s content that may be causing a problem. Also use the report button if you are worried about someone.

  • Please contact your local emergency services if you (or anyone else) are in immediate risk of harm.


✘ Please don’t:

  • Post any inappropriate content.

  • Break the law in any way, and don’t encourage others to break the law.

  • Post with commercial interests in mind or to promote any specific religion or political ideology.

  • Provide professional advice such as legal, medical, financial or other. advice which is harmful and illegal.




Terms of use


These Terms of Use govern your use of Daybreak through the website at www.hellosundaymorning.org (‘the Website’) and the mobile app (‘the App’) which are owned and operated by Hello Sunday Morning (ABN 82 145 512 125) (‘HSM’). By accessing and using the Website or by clicking ‘I Accept’ when signing up for a user account on the Website or the App, you agree to be bound by, and responsible for complying with, these Terms of Use. We may change these Terms of Use from time to time. Your use of the Website and the App following any such change to the Terms of Use will confirm your acceptance of the changes.


User account

You must be eighteen (18) years of age or over to create a user account on the Website or the App. You cannot create a user account for anyone other than yourself. You cannot create more than one user account.

You must provide complete and accurate information when creating a user account. You cannot use another person’s account and must immediately notify us of unauthorised use of your account. We reserve the right to disclose your identity or other information you provide when establishing an account if required by law to do so. You remain responsible for maintaining the confidentiality of your password and user name.


Payments & refunds

Paid subscriptions of the App can be purchased via an in App purchase on either the App Store or Google Play store. A paid subscription will give you access to the App for 12 months following a two week trial period. Your subscription will terminate at the end of the 12 month period.

When you register for a paid subscription, trial, or code online, you consent to access the App immediately. If you register for a paid subscription or code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (‘the Cooling-off Period’). Refunds will not be provided if you have accessed the App at any time during the Cooling-off Period. If you wish to receive a full refund of all monies paid before the Cooling-off Period elapses, you must notify us in writing at info@hellosundaymorning.org.

If you purchase your App subscription through the iTunes store or the Google Play store, any request for a refund will be subject to the iTunes or Google Play Terms of Service and will therefore not be refundable by us.

HSM may change the price of the paid subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. If you do not agree with the price change, you have the right to reject the change by unsubscribing from the App prior to the price change taking effect.


Content

We own all right, title and interest (including present and future copyright) in the Website and the App. All material on the Website and the App such as articles, written materials, names, trademarks, images, photographs, designs, illustrations, and logos (‘Content’) are owned by, or licensed to, us (unless expressly indicated otherwise). You are granted a non-exclusive, non-transferable licence to use the Website and the App and access the Content in the manner set out in these Terms of Use.

You may use the Website and the App and access the Content only for your personal and non-commercial use. Nothing in these Terms of Use or on the Website or App will grant you ownership of the Content (or any intellectual property rights in it). You may not sell, modify, copy, distribute, display, communicate or otherwise use the Content unless we have expressly authorised you to do so in writing. You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website, the App or the Content in any way.

We monitor the posts on the Website and the App on a regular basis.

You are not permitted to post any material on the Website or the App which:

  • is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
  • infringes on the copyright or any other proprietary right of a third party;
  • is intended to advertise to or solicit others without our express permission;
  • constitutes charity solicitations, chain letters or pyramid schemes;
  • contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;
  • interferes with or disrupts networks connected to the Website or the App, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks); or
  • attempts to gain unauthorized access to restricted areas of the Website or the App, other accounts, computer systems or networks connected to the Website or the App, through password mining or any other means.

Your responsibilities

You may only use the Website and the App for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use. You may not use the Website or the App for:

  • collecting users’ content or information, or otherwise accessing the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  • soliciting information or accessing an account belonging to someone else;
  • bullying, intimidating or harassing another Website or App user;
  • sending or otherwise posting unauthorised commercial communications (such as spam) on the thread;
  • submitting material that is illegal, false, misleading or deceptive, abusive, sexually explicit, contains nudity or graphic / gratuitous violent, defamatory, obscene or otherwise objectionable or invasive of another’s right of privacy or which belong to someone else or are copied from someone or somewhere else;
  • submitting material that contains a virus or corrupted data;
  • using any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website or the App;
  • attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website, the App or the Content or for the purpose of creating derivative works from the Website or the App;
  • providing false information on the App; or
  • interfering with another user’s use and enjoyment of the Website or the App.

If HSM considers you in breach of any of these responsibilities or Terms of Use, your account will be closed and no refund will be issued.


Links

The Website or the App may contain links or other connections to websites operated by parties other than us (‘Links’). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Our inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. The views or recommendations provided in these Links do not necessarily reflect those of HSM.


Disclosure to third parties

While HSM protects and honours your Privacy, if a Health Coach becomes concerned about the safety of you or anyone else during a chat session, we will take steps to try to make sure you and / or others are safe. If necessary, we may need to pass on your contact information (if you have supplied it) to authorities who can help protect you and / or others, such as a crisis service or the police. Where possible we will work with you openly letting you know if our concerns reach the point where we need to involve other services.

We are obliged to try to protect you and / or others if the information you submit tells us that:

  • you are being seriously hurt by someone else; or
  • you are thinking of seriously harming yourself and / or someone else is being or is likely to be seriously hurt by you or another person.

If you are thinking about suicide, if you are considering taking actions that may cause harm to you or to others, if you feel that you or any other person may be in any danger, or if you have any medical emergency, you must immediately call the emergency service number and notify the relevant authorities. Links and contact numbers are available on the Website and the App.

Modifications, Termination, Interruption and Disruptions to the Website or the App

You confirm and acknowledge that HSM may modify, suspend, disrupt or discontinue any part of the Website or the use of the App, whether to all users or to you specifically, at any time with or without notice. You agree and acknowledge that HSM will not be liable for any of the actions set out above or for any loss or damage that is caused by any of the actions set out above.

The Website and the App technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and / or operated by our contractors and suppliers. HSM does not guarantee that the Website or the App will be uninterrupted or that it will be secure, consistent, timely or error-free.

Disclaimer and Limitation of Liability

To the fullest extent permitted by law, we exclude all conditions and warranties (express and implied) of any kind in relation to the Website, the App and the Content. Under no circumstances (including without limitation, any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, or any inability to use or access, the Website, the App or any Content. Certain laws may not allow the exclusion of some conditions and warranties, in which case some of the above exclusions may not apply to you.

The Website and the App are not intended to be used for medical diagnosis or drug prescription or advice concerning which drugs or treatment may be appropriate for you.

You agree, confirm and acknowledge that you are aware that HSM’s Health Coaching service is not a complete substitute for a face-to-face session by a registered health practitioner. You should never rely on or make health or well-being decisions purely based on use of the Website or the App. Never disregard, avoid, or delay obtaining medical advice from your registered health practitioner because of information or advice you receive through the Website or the App.

You agree that HSM and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of the Website or the App. In no event will HSM or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the Content, the Website, the App or any other information obtained through the Website or the App, even if HSM, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

Indemnity

You agree to indemnify us and our officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

Termination

We may (in our sole discretion and without prior notice to you) terminate your licence to access the Website, the App and the Content if:

(a) you breach these Terms of Use; or

(b) we believe HSM’s Health Coaching Service is not appropriate for you.

Applicable Law

The Website and the App are controlled from our offices in New South Wales. These Terms of Use will be governed by and construed in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.

Contact

If you have any questions or concerns regarding these Terms of Use please contact us at info@hellosundaymorning.org




Privacy Policy

This Privacy Policy outlines how Hello Sunday Morning (ABN 82 145 512 125) (‘HSM’) collects, handles and protects your personal information. This Privacy Policy applies to your use of the www.hellosundaymorning.org website (‘the Website’) and the Daybreak Mobile app (‘the App’).

You agree that using the website or clicking ‘I Accept’ when signing up for a user account on the Website or the App implies your consent to the collection and use of your personal information in accordance with this Privacy Policy.

This Privacy Policy complies with the Privacy Act 1988 (Cth) (‘the Privacy Act’) and has been developed in line with the Australian Privacy Principles in the Privacy Act.

Kinds of Personal Information Collected

HSM collects personal information in the course of conducting its business. HSM may collect personal information from you through the Website or the App including, but not limited to, your full name, email address, gender, date of birth, location (including postcode and country), university and information about your alcohol consumption and wellbeing.

In some cases, HSM collects sensitive information including health information but only when it is voluntarily provided to HSM by you.

If you publish a blog on the Website, it will be available for both HSM registered users and the general public to read. It may also be indexed by search engines.

Using and Disclosing Personal Information

HSM (including its staff, contractors and volunteers) will use the personal information you provide in the provision of services to you.

HSM may use the personal information it collects from you to contact you directly and identify you. HSM may also use the personal information for advertising and direct marketing purposes including, but not limited to, sending surveys relating to your alcohol consumption and wellbeing and sending out newsletters and special offers. Your full name, demographic information and email address will not be published by HSM on the Website or the App.

HSM may also use your personal information for statistical purposes and generating reports for evaluating HSM’s services. Your personal information may be aggregated, analysed and periodically published in research literature to advance knowledge in alcohol behaviour change and online health interventions. In any publication of findings, information will be provided in such a way that you cannot be identified. If you wish to have your personal information withdrawn from any research evaluations, you can notify the Privacy Officer in writing at info@hellosundaymorning.org.

In the course of conducting our business, we may also:

(a) disclose your personal information to other entities including, but not limited to, those who provide us services in relation to archiving, auditing, accounting, evaluation, legal, business consulting, banking, website and / or technology services. We reserve the right to disclose your personal information to prospective purchasers of any interest in HSM or our assets.

(b) review “Coaching Transcripts” for the following purposes:

  • to review a user complaint about a particular issue/instance that a user reported about a Health Coach;
  • for user safety concerns or complaints of unethical health coaching;
  • for our training and supervisory purposes;
  • to transition a user to a new Health Coach; and
  • in response to a quality assurance concern of a user.

(c) use “Meta Data” and other search terms to scan de-identified user transcripts to search for trends and patterns that may affect our quality of service or the practices of the HSM’s Health Coaches.

(d) monitor the chat forums available on the Website and the App.

We will not use or disclose information about individuals for other purposes without consent, except in exceptional circumstances, such as if disclosure is required by law or is necessary to protect the rights or property of HSM or any other individual, or to lessen a serious threat to a person’s health or safety.

Storage and Security of your Personal Information

HSM will use all reasonable endeavours to maintain the security of personal information it collects against unauthorised access, modification or disclosure and to make the Website and the App as secure as possible against unauthorised access of your personal information. Data transmissions over the Internet cannot be guaranteed to be fully and absolutely secure. The Website, the App and our services have security measures in place designed to protect against the loss, misuse and alteration of the information under our control.

We cannot ensure or warrant that your personal information will always be secure during transmission or protected from unauthorised access during storage therefore you provide your personal information to us at your own risk.

When you complete your profile on the Website or the App, you may choose to link your profile to your Facebook and/or your Twitter accounts. This is not a mandatory requirement. HSM cannot guarantee the security of your personal information if you choose to link your profile to Facebook and / or Twitter. If you choose at a later point in time to unlink your profile from your Facebook and / or Twitter accounts, traces of the link may remain online.

Our security measures include the encryption of chat transcripts during transmission and at rest. We use standard Secure Socket Layer encryption that encodes chat transcripts during transmission. All chat transcripts are maintained on secure services for a period of time, as defined by relevant regulations. Access to stored data is protected by multi-layer security controls including firewalls, role-based access controls and passwords. You accept that all conversations are electronically stored at the time of service, and that these records are retained and may contain personal and sensitive information.

Please contact us immediately if you become aware or have reason to believe there has been unauthorised use of your personal information in connection with the website or the app.

Accessing and Amending your Personal Information

You may obtain access to or seek correction of your personal information by writing to our Privacy Officer at info@hellosundaymorning.org. We will reasonably endeavour to respond to your request within 7 business days. It is your responsibility to ensure that all of your personal information is accurate and kept up to date. You are responsible for advising us of any changes to your personal information.

If you would like to delete your profile from the Website and the App, please inform us by writing to our Privacy Officer at info@hellosundaymorning.org. Please be aware there may be residual information left behind on our servers from your profile/personal information which is beyond our control. If applicable, any legal requirement on us to maintain certain records of your personal information shall prevail over any of your requests.

Anonymity

When you register a profile with HSM through the Website or the App, you will be required to provide us with your first and last name. You will have an opportunity to choose a screen name for your profile. We strongly encourage you to only use your first name or select a nickname for the purposes of your screen name.

Changes to the Privacy Policy

This Privacy Policy is effective from 18th April 2017. HSM may change this Privacy Policy from time to time. Your use of the website following any such change to the Privacy Policy will confirm your acceptance of the changes.

Applicable Law

The Website and the App are controlled from our offices in New South Wales. This Privacy Policy will be governed by and construed in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. If any provision of this Privacy Policy is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Privacy Policy which will continue in full force and effect.

Questions and Complaints

If you have any questions or concerns regarding this Privacy Policy or if you believe your privacy has been breached, please contact our Chief Operating Officer in writing at PO Box 1012, Surry Hills NSW Australia 2010. We will reasonably endeavour to provide a response within 14 business days.

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (‘OAIC’) by writing to OAIC at GPO Box 5218, Sydney NSW 2001. For further information about the OAIC, please visit www.oaic.gov.au.