TERMS AND CONDITIONS
Welcome to STRONG Online!
Please note, STRONG is not designed to be a platform to disclose personal difficulties or medical conditions. If you are suffering from depression, anxiety, self-harm, suicidal thoughts, abuse or addiction, please seek help immediately by calling your country’s support agencies, such as Lifeline Australian on 13 11 14 or visit www.lifeline.org.au. If you have a medical emergency, please call 000 or contact your doctor without delay.
We provide an online platform where families with children below the age of 18 can safely connect and access our evidence-based health and wellbeing programs and other related content (Platform). The Platform is available at www.standingstfrongonline.com and via other channels or addresses including our mobile application and our application programme interfaces. You may use our Platform as a registered Standing Strong Youth Coach (Coach) or as a parent, guardian or carer of a child (your child) and these Terms apply to both Coaches and to parents/guardians
In these Terms, you means (as applicable) (1) the person who has registered an Account with us and includes both Coaches and parents/guardians; or (2) an Account User or other individual accessing or using the Platform.
You accept these Terms by clicking “I accept” or by registering on the Platform or using the Platform.
If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.
If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Cancelling Membership” clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
Use of the Platform – Conduct we don’t accept
We’ve designed our Platform for you to use it personally, and not on a commercial basis. You must not use our Platform or any of the content provided on or through our Platform, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.
When you use our Platform, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Platform, which we would consider inappropriate or which might bring us or our Platform into disrepute. This includes:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using our Platform to defame, harass, threaten, menace or offend any person;
- interfering with any user of our Platform;
- tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
- using our Platform to send unsolicited electronic messages; or
- facilitating or assisting a third party to do any of the above acts.
We do not tolerate obscene, hateful, profane, racist, discriminatory, sexually explicit, pornographic, offensive or otherwise objectionable language or material in any form on our Platform. You may not harass, post content that disparages, criticises, belittles, parodies or otherwise portrays in a negative light any person appearing in the content. Our highest priority is keeping our Platform a happy and enjoyable place for families. If you see any of the behaviour above please report it immediately using the ‘Feedback’ function.
You must create an account as either a parent/guardian or Coach to benefit from the Platform’s features (Account). You must provide basic information when registering for an Account including your name and the name of any Account User, your email address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Once you have registered an Account, your Account information will be used to create your profile. You may only have 1 Account.
If you are a parent or guardian, you may have up to 4 users (each an Account User). Each Account User will have a separate profile.
If you are a Coach, you may create a profile to promote your services to parents/guardians and Account Users. By registering an Account, you represent, warrant and agree that you have passed the Standing Strong Youth Coach online training and paid the annual registration fee and you have any required skills, knowledge or training to provide any services you promote. You must only use the Platform to promote or advertise your services to parents/guardians and Account Users and any coaching or services must be provided independently of the Platform.
Your Account is personal to the you and you must not transfer it to others, except with our written permission.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including any activity on or through any of your Account User profiles. You agree to immediately notify us of any unauthorised use of your Account.
Before we approve your request for an Account, we will require verification of your email address and may also require mobile verification. We may request additional information, including information to verify your identity. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.
When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different accessibility as set out on our Platform. The Membership options for Coaches and parents/guardians may be different and will be set out on the Platform.
Membership & Payment
Your Membership may begin with a free trial. The free trial period of your Membership will last for 7 days, unless another period is communicated by us to you in writing. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible.
If you do not cancel during the free trial period, we will charge your chosen payment method for the Membership you have chosen and its corresponding membership fee (Membership Fee) from the day your free trial ends (Payment Date). You will continue to be charged the Membership Fee upfront on a monthly basis for month to month Memberships. In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month.
To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.
Month to month Memberships automatically continue until cancelled in accordance with the cancellation clause below.
We may modify our Memberships and the Membership Fees from time to time. For month to month Memberships, any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.
Upgrading or downgrading your Membership
You may upgrade or downgrade your Membership to another tier at any time in the Account page / manage Memberships (or similar) or by sending us an email. The payment method linked to your Account will automatically be charged the Membership Fee for your new Membership tier on the Payment Date on which the upgrade or downgrade becomes effective.
The upgrade or downgrade will apply to the next month if you upgrade or downgrade your Membership at least 5 business days before the next Payment Date.
If you upgrade or downgrade less than 5 business days before the next Payment Date, the upgrade or downgrade will become effective for the following month.
You may cancel your Membership at any time in the Account page / manage Memberships (or similar) section of your Account settings. The cancellation will apply to the next month for month to month Memberships if you cancel your Membership at least 5 business days before the next Payment Date.
If you cancel your Membership less than 5 business days before the next Payment Date, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective for the following month for month to month.
We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
We provide a number of payment methods on the Platform, including our third-party payment processor, currently Stripe / PayPal. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor. By making payment through a third-party payment processor, you accept the applicable terms and conditions.
We may from time to time issue promotional discount codes for the Platform. To claim the discount, you must enter the promotional discount code at the time of making your Account through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Coaches, parents/guardians and Users can communicate privately using our private messaging service.
We encourage you to interact with the Platform! We may allow you to (1) post, upload, publish, submit or transmit relevant information and content (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform dependant on your subscription level (Platform Content).
If you make any User Content available on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, sublicensable right and licence to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit in any manner the User Content on, through or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through the Platform. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Platform Content. Your use of our Platform and your use of and access to any Platform Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Platform Content.
You must not, without the prior written consent of ourselves or the owner of the Platform Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Platform Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Platform Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Platform Content, causing any of the Platform Content to be framed or embedded in another website, or creating derivative works from the Platform Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Platform Content solely for your personal and non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
The Platform Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and does not constitute medical or other professional advice. Always seek professional support and advice from a registered health professional. While we use reasonable attempts to ensure the accuracy and completeness of the Platform Content, to the extent permitted by law, we make no representation or warranty regarding the Platform Content. The Platform Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Platform Content is inaccurate or out-of-date.
Privacy Collection Statement
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you access to the Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You represent, warrant and agree that:
- you will not use our Platform, including the Platform Content, in any way that competes with our business;
- there are no legal restrictions preventing you from entering into these Terms;
- all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- if you are a Coach, any promotional or advertising material you upload onto the Platform complies with all applicable laws, including but not limited to the Competition and Consumer Act 2010 (Cth);
- we are not party to any agreement entered into between a Coach and a parent/guardian or Account User;
- you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms; and
- you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform.
Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
This clause will survive the termination or expiry of these Terms.
Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- your acts or omissions;
- any use or application of the Platform or your Account by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any works, services, goods, content, materials or items which do not form part of the Platform services (as expressed in these Terms), or which have not been provided by us;
- the Platform being unavailable for a reason outside of our reasonable control; and/or
- any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on liability
Despite anything to the contrary, to the maximum extent permitted by law:
- we will not be liable for Consequential Loss;
- each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Membership Fees paid by you to us in the preceding 12-month period, or where there are no Membership Fees paid, $240.
This clause will survive the termination or expiry of these Terms.
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
- you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
- there is any reason outside our control which has the effect of compromising our ability to provide the Platform services or Platform Content; or
- you are unable to pay your debts as they fall due.
These Terms will terminate immediately upon written notice by you, if we:
- are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
- are unable to pay our debts as they fall due.
Upon expiry or termination of these Terms:
- we will remove your access to the Platform and all Platform Content;
- you agree that any payments made by you to us are not refundable to you; and
- where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute), a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Feedback and complaints: We are always looking to improve our services and the Platform. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of Western Australia Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property Rights mean any industrial or intellectual property rights, including any rights in any domain names, trade marks, copyright, patents, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, in any part of the world, whether registrable or not.
Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third-party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
Standing Strong International Pty Ltd ABN 16 620 023 172
Last update: 19th June 2020
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