1. Introduction
Welcome. You may be using this app to find balanced information about the social and emotional wellbeing of your child/children. The Raising Healthy Minds app (‘the App’) is a tool created by the Raising Children Network (Australia) Ltd, and has been funded by the Australian Government Department of Health.
These terms and conditions of use (the ‘Terms’) form an agreement between you and the Raising Children Network (the ‘Agreement’), whether you are sending us a message via the feedback forms, or simply browsing the App. They will inform you about your rights and obligations in using this App.
2. Disclaimer
Warning: This app and the information it contains is not intended as a substitute for professional consultation with a qualified practitioner. Before relying on any information, you find on the App, use common sense, make your own enquiries and seek professional opinion.
Material in this publication is made available on the understanding that neither the Raising Children Network nor its funder is providing professional advice. Before relying on any of the material in this App, readers should obtain appropriate professional advice. Views and
recommendations of third parties, which are also included in this App, do not necessarily reflect the views of the Raising Children Network or the Commonwealth, or indicate a commitment to a particular course of action.
Neither the Raising Children Network nor its funder accepts any responsibility for the accuracy or completeness of any material contained in the App. Additionally, the Raising Children Network and its funder disclaim all liability to the extent permitted by law including the Australian consumer law, to any person relying wholly or partially upon any information presented in the Raising Healthy Minds app in respect of anything, and the consequences of anything, done or omitted to be done.
You indemnify the Raising Children Network, the organisations in the Raising Children Network consortium, and their partners and suppliers involved in the creation and provision of this app against each claim, action, proceeding, judgment, damage, loss, expense or
liability incurred or suffered by, or brought, made or recovered against us or the organisations in the consortium in connection with any breach by you of these terms of use.
The Raising Children Network endeavours to provide information sourced from reliable research based on peer reviewed journals, recognised texts, or government publications and therapeutic approaches that have demonstrated efficacy. The content on this App is
periodically updated and reviewed for quality assurance using an editorial board and a review panel drawn from national and international expertise in early childhood, health and parenting. The authors reserve the right to modify the content of the App at any time. Any legal issues arising in relation to the use of this App will be dealt with under the laws of New South Wales, Australia.
3. Your account
Make sure your account information is accurate and that you keep your account safe. If you’re under the age of 16, you may need parental consent to use the Raising Healthy Minds app. To use the App, you must first create an account (the ‘Account’).
You agree to:
(i) choose a strong and secure password;
(ii) keep your password secure and confidential; and
(iii) follow the law and our list of ‘Dos and Don’ts’.
You are responsible for anything that happens through your Account unless you close it or report misuse.
If you’re under the age of 16, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and enter into this Agreement on your behalf.
4. ‘Dos and don'ts'
We ask that you follow our rules and don’t do anything illegal with the App. To ensure the App remains safe for all users, you agree to the following ‘Dos and Don’ts’:
Dos:
You agree that you will:
(i) Use the App in a way consistent with these Terms.
Don’ts:
You agree that you will not:
(i) Provide any false personal information.
(ii) Create an Account for anyone other than yourself without permission.
(iii) Share your password, let anyone else access your Account, or do anything else that might jeopardise the security of your Account.
(iv) Create more than one personal Account, with the exception of people or businesses that are expressly authorised to create accounts on behalf of their clients.
(v) Solicit login information or access an Account belonging to someone else.
(vi) Collect users' content or information, or otherwise accessed by the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
(vii) Use the App to do anything unlawful, misleading, malicious, or discriminatory.
(viii) Do anything that could disable, overburden, or impair the proper working or appearance of the App, such as a denial of service attack or interference with page rendering or other App functionality.
(ix) Facilitate or encourage any violations of these Terms.
5. Changes
We may make changes to these Terms. If we ever change them in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to close your Account.
We may modify these Terms from time to time. If we make material changes, we will provide you notice through our App, or by other means, to provide you the opportunity toreview the changes before they become effective. We agree that changes cannot be
retroactive. If you object to any changes, you may close your Account. Your continued use of our App after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
6. Termination
Either of us can end this agreement at any time.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our App to you. We will notify you by email or at the next time you attempt to access your Account. You may also close your
Account or disable the App at any time.
7. Disputes
In the unlikely event we end up in a legal dispute, the Raising Children Network and you agree to try to work it out informally first. All formal disputes must be resolved through the process described below, using the laws of New South Wales.
If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
1. Notice: A party to the Terms claiming a dispute (the ‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
2. Resolution: On receipt of that notice (the ‘Notice’) by that other party, the parties to
the Terms (the ‘Parties’) must:
a. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d. The mediation will be held in New South Wales, Australia.
3. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for
the purpose of applicable laws of evidence.
4. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
8. Limits
To operate effectively and protect the security and integrity of the Raising Children Network, we need to maintain control over what happens on our App. The Raising Children Network reserves the right to limit your use of the App, including the rights to restrict,
suspend, or terminate your Account if we believe you may be in breach of these Terms or law or are misusing the App (e.g., violating any of the Dos and Don’ts).
9. Third-party app and apps
If you use or connect another service on or to the Raising Healthy Minds App, or follow a link to another app, what happens is between you and them. We’re not responsible for it or what either of you do.
Our App is integrated with various third-party apps (collectively, “Third Party Apps”) that may make available to you their content and products. Examples of Third-Party Apps include social media platforms, payment processors, and other integration partners and service
providers. These Third-Party Apps may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third-Party Apps, and we’re not liable for Third-Party Apps or for any transaction you may enter into with them, or for what they do. Your security when using Third-Party Apps is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party App. We’re not liable to you for any
such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).
10. Governing law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by,
under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles.
11. Special provisions applicable to users outside Australia
The information provided in this App is intended for an Australian audience. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with
the App outside of Australia:
(i) You consent to having your personal data transferred to and processed in Australia.
(ii) If you are located in a country embargoed by Australia, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on the App (such as advertising or payments) or operate a Raising Children Network product. You will not use Raising Children Network if you are prohibited from receiving products, apps, or software originating from Australia.
12. Copyright and acknowledgements
The Raising Children Network reserves all intellectual property rights, including copyright and trademarks in the Raising Children Network app. The Raising Children Network owns or has licensed from third parties the intellectual property used in this App. You may print
single copies of any pages of this App for your own personal and non-commercial use but must not otherwise reproduce any material on this App in any form without permission. Requests and enquiries concerning reproduction and rights should be addressed to
the Rights Management Officer at the Raising Children Network.
13. Personal information and your privacy
The personal information you submit via the App is governed by the Raising Children Network’s Privacy Policy, which can be found at privacy policy. You supply ‘personal information’ to us when you fill in an online registration form, subscribe to one of our email
newsletters, complete a survey or poll, provide feedback on our content, submit parenting tips or email us.
14. Complaints
Your rights are taken seriously by our team. If you think your rights have been breached, or if you have a complaint about the Raising Children Network app, contact us so that we can investigate the issue and make sure it is resolved. Please write to the Complaints Officer
explaining what you are concerned about and what steps, if any, you have taken to resolve the issue
You can either send an email to complaints or write a letter to:
Raising Children Network Complaints Officer
6th Floor SE Building
Royal Children’s Hospital
Flemington Road
Parkville Victoria 3052
Australia
Effective date: 18/07/2021