ReachOut Member Terms and Conditions

ReachOut Content Team
Published 11 September 2023

OK so let us break it down for you real quick. At ReachOut we offer self-help and peer support services to help young people get through anything from everyday issues to tough times. That includes our content, apps, tools and peer support forums.

We don’t offer counselling services. Comments of ReachOut staff or volunteers are not intended as professional medical advice, diagnosis or treatment. If you need urgent help or you want to talk to someone immediately, please head to our emergency contacts page.

Check out our full terms and conditions below.

1. Introduction

ReachOut Australia (“ReachOut”), its staff, volunteers and interns operate the following ReachOut sites, services and tools:

"ReachOut Sites"

"ReachOut Software"

  • ReachOut Orb (iPad and desktop applications);

  • ReachOut NextStep (desktop application);

  • ReachOut Breathe (iOS application);

  • ReachOut Recharge (iOS application); and any of our services, (together the “ReachOut Services”).

By using the ReachOut Services, you agree to the following terms with ReachOut.

2. Scope

By using the ReachOut Services (including accessing, browsing, posting on and downloading any materials from the ReachOut Services, whether as a registered member or not) you agree to these member terms and conditions ("Member Terms") and ReachOut's Privacy Policy. These Member Terms and the Privacy Policy are designed to ensure that your use of the ReachOut Services does not break any laws.

You acknowledge that ReachOut Services are primarily self-help and peer support services (including professionally guided self-help provided through ReachOut Parents Coaching) and they are not counselling services. Comments of ReachOut staff, contractors, volunteers, moderators or other third parties utilised by ReachOut in providing the ReachOut Services are not intended to be suitable for professional medical advice, diagnosis or treatment.

If there is any inconsistency between these Member Terms and any other terms and conditions or guidelines on the ReachOut Services these Member Terms prevail to the extent of the inconsistency.

3. Privacy and Personal Information

You agree not to disclose your user name or password to any person. You must take all reasonable steps to keep your user name and password secure so that it is not copied or used by any person. You must immediately contact us if you become aware that another person has used your user name or password. Upon receipt of notification of use by another person, ReachOut will deactivate your user name and password, and you will be required to create a new user name and password.

On the public areas of ReachOut Services (for example Forums, comments sections and Social Media Profiles), you must not disclose any private information about yourself or another person, or solicit this information from another person.

If, contrary to this clause, you disclose private information about yourself or another individual on the ReachOut Services you will remain responsible for use of this information by third parties whether permitted or not, and shall indemnify ReachOut and its directors, employees, agents and its Forum platform provider, Lithium Technologies Inc., for and against any loss (including any direct or indirect loss, damage, liability, compensation, fine, penalty, charge, cost or expense and all reasonable legal costs or expenses) arising as a result of, or in connection with such disclosure, solicitation or use.

We use your information only as described in ReachOut’s Privacy Policy.

4. Using ReachOut

General

You must not submit, post or upload any material to the ReachOut Services which:

a) is inappropriate, offensive or contrary to any applicable laws or standards, including, without limitation, material which:

i. is obscene or indecent, depicts violence, sexual activity or pornography;

ii. contains instructions in drug use;

iii. instructs or encourages criminal activity; or

iv. defames, harasses, menaces, threatens, abuses, offends or embarrasses any person;

b) infringes the copyright, moral rights, confidentiality rights or intellectual property rights of any person, for example, by reproducing songs, poems, articles, logos, trademarks, pictures, photos, music or other material that is not owned by you (or which you do not have a licence to reproduce on the site); c) infringes any of our rights or the rights of any third person including privacy rights; d) breaches any laws, regulations, standards or codes as enacted, modified or updated from time to time; e) impersonates any person or suggests a connection to a group or organisation which is misleading; f) advocates the use of force or violence towards any person; g) encourages, endorses, approves or recommends the performance of dangerous or illegal acts including suicide or self harm; or h) contains a virus or other code that has harmful or destructive properties.

Using ReachOut Parents Coaching

When using ReachOut Parents Coaching:

You have the right to:

  • agree or decline to participate in any research and evaluation of the service;

  • agree or decline to allow the service to record ReachOut’s phone calls with you;

  • access information held on your file, in accordance with ReachOut’s Privacy Policy;

  • have any feedback you provide about ReachOut’s Services, or any formal complaint you make, be acknowledged, investigated and dealt with fairly, and be informed of what happens as a result, without this affecting your access to future services.

You have a responsibility to:

  • provide relevant information (including personal information) with your coach to enable ReachOut to provide you with the service you have requested;

  • provide ReachOut with up-to-date contact details.

5. Abusing ReachOut

ReachOut may terminate your membership and/or suspend your access to the member sections of the ReachOut Services if you breach these Member Terms or any other terms and conditions or guidelines displayed on the ReachOut Services.

6. Content

ReachOut may in its discretion access, monitor and review content or material which you submit to the ReachOut Services. You grant ReachOut a perpetual royalty free, non-exclusive, irrevocable, world wide licence (with a right to sub-license to our authorised nominees) to use, modify, copy, distribute, transmit, reproduce, publish, display and broadcast that material which you have submitted or posted on ReachOut Services including in any promotional or communication activities ReachOut conducted in Australia or overseas.

By submitting content or materials to the ReachOut Services you consent to ReachOut exercising all rights in respect of such content or materials as set out in these Member Terms or any other terms and conditions or guidelines displayed on ReachOut Services even if the exercise of such rights would, but for this consent, infringe any moral rights that you may have in such content or materials.

ReachOut may, at any time, without notice to you, remove or refuse to post files, content or other material which it considers in its discretion to be in breach of these Member Terms or any other terms and conditions or guidelines displayed on the ReachOut Services, or which otherwise interferes with the technical operations of the ReachOut Services.

7. Your Intellectual Property

If you believe that material in which you own copyright has been submitted, posted or uploaded on the ReachOut Services without your permission, you should send us a written notice containing the following information ("Take Down Notice"):

a) identification of the work(s) protected by copyright which is claimed to have been infringed (the original material); b) identification of the material(s) that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material(s) (the copied material); c) your contact information including your name, address, telephone number, email address and the user name of your account (if available); d) a statement that you believe in good faith that use of the material(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and f) your signature or the signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed (physical or electronic).

You agree to indemnify us against any claim, loss, damage, liability, cost or expense (including legal costs on a full indemnity basis) that may be incurred or sustained by ReachOut in connection with: i) any action taken by ReachOut against a user as a result of this Take Down Notice (including, without limitation, removing the content the subject of this Take Down Notice); and/or ii) one or more of the warranties contained herein not being true and accurate.

If you realise after submitting a Take Down Notice that you have misidentified the material the subject of the Take Down Notice or you otherwise change your mind about your complaint, you should notify us in writing with a retraction containing the following information:

a) a statement of retraction (such as "I hereby retract my claim of copyright infringement"); b) identification of the material that was the subject of the Take Down Notice; c) your signature or the signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (physical or electronic).

Please send Take Down Notices, Counter Notices and Retractions to:

Copyright Complaints ReachOut Australia Level 2, 35 Saunders St, Pyrmont NSW 2009 AUSTRALIA

or by contacting us.

8. ReachOut Intellectual Property

Users who register and become members of the ReachOut Services have access to and may download materials and resources available on the ReachOut Services (“Materials”). All intellectual property rights in materials and resources provided on the ReachOut Services (including all intellectual property rights in the ReachOut Software) are owned by ReachOut or its affiliates or licensors.

ReachOut grants members of the ReachOut Services a non-exclusive, non-transferable, licence (without a right to sub-license) to access, download, use, reproduce and distribute the Materials for educational purposes only, and in accordance with these Member Terms.

You must not do anything with the Materials, or the ReachOut Software, that is not expressly authorised by these Member Terms. Without limitation, you must not modify, adapt, sell the Materials or ReachOut Software, or use the Materials or ReachOut Software for a commercial purpose (such as charging third parties for access to the Materials or the ReachOut Software) without the prior consent of ReachOut.

You acknowledge that ReachOut is not a counselling service. The content of the ReachOut Services and Materials is intended for information purposes only. The ReachOut Services and Materials are not intended to be suitable for professional medical advice, diagnosis or treatment.

Nearly there...you got this

9. Use of ReachOut Software

By installing, accessing or using the ReachOut Software, which may be updated from time to time, you will be deemed to accept these Member Terms and ReachOut’s Privacy Policy. If you do not wish to accept these Member Terms or the Privacy Policy, you must not install or use the ReachOut Software.

Use of ReachOut Software

ReachOut or its affiliates are the owners of the ReachOut Software. ReachOut may at any time (without prejudice to its other rights or remedies) immediately terminate the ReachOut Software licence granted to you in the event that you fail to comply with these Member Terms.

ReachOut may update the ReachOut Software and to continue using the ReachOut Software, you may need to download and install the new version.

If applicable, you and your healthcare professionals may rely on Content created, stored or uploaded by you on the ReachOut Software. It is your responsibility to ensure that all Content created, stored or uploaded by you is accurate and complete. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

ReachOut Software License

Subject to your compliance with these Member Terms, ReachOut grants to you a non-exclusive, non-transferable, non-sublicensable licence to download, install, access and use the ReachOut Software solely for use by you for your own personal use in accordance with these Member Terms and the relevant usage rules or guidelines for the applicable software device. You must not use the ReachOut Software for any commercial or business purposes. You must abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in or associated with the ReachOut Software..

You may create, store or upload Content using the ReachOut Software. Content means data and other information or materials uploaded or created by you or on your behalf in connection with your use of the ReachOut Software (but does not include the data, images, documents and other information or materials included by or on behalf of ReachOut). You are solely responsible to maintain appropriate backup of your Content. You warrant that you are the owner or authorised user of the Content and you must not upload, transmit or distribute Content that breaches any law or infringes any third party rights.

You must comply with any applicable third party terms of use associated with the use of the ReachOut Software on your device.

Third Party Sites

Any links to third party sites or applications are provided for your convenience only. If you access a third party website or application from the ReachOut Software, you do so at your own risk.

You understand that these Member Terms do not apply to your use of such third party sites or applications.

You acknowledge and agree that ReachOut is not responsible or liable for your use of any third party website, application, service or content.

10. Limitation of Liability

You are solely responsible for any content or material which you post or upload on the ReachOut Services, or which is posted by another person using your user name or password. To the maximum extent permitted by law, ReachOut and its affiliates and their respective directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss or loss of profits) you suffer, or claims made against you arising:

  • from content or material which you post or upload on the ReachOut Services (including the ReachOut Software), or which is posted by another person (whether using your user name or password or otherwise); and

  • under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing the ReachOut Services (including the ReachOut Software).

ReachOut will take reasonable steps to ensure the security and confidentiality of material which you post or upload onto the ReachOut Services. However, we cannot guarantee against any loss, damage, alteration or misuse of the content or material, or that your use of the ReachOut Software will be uninterrupted or error free, and will not be responsible for any harm that you or any other person may suffer in connection with any loss, damage, alteration or misuse of material posted or uploaded onto the ReachOut Services.

ReachOut does not warrant that the ReachOut Software is compatible with your hardware or software. You acknowledge that ReachOut has no obligation to furnish you with maintenance and support services with respect to the ReachOut Software or your use of the ReachOut Software.

You acknowledge that solely to the extent that these Member Terms apply to the ReachOut Software, Apple, Apple’s subsidiaries and Microsoft as the case may be (“Third Party Beneficiaries”) are beneficiaries of these Member Terms, and upon your acceptance of these Member Terms, the Third Party Beneficiaries will have the right (and will be deemed to have accepted the right) to enforce these Member Terms against you with respect to the ReachOut Software as a third party beneficiary. The ReachOut Services are provided “as is”. To the fullest extent permitted by law, ReachOut and its affiliates exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, completeness, suitability, functionality or reliability of the ReachOut Services, including any materials provided on the ReachOut Services and the ReachOut Software.

11. Indemnity and Release

You will indemnify us (and our officers, directors, agents, subsidiaries and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Member Terms, or your infringement of any law or the rights of a third party in the course of using the ReachOut Services, including any claim, loss or damage arising from your use of the ReachOut Software.

If you have a dispute with one or more ReachOut users, you release us (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Notices

Legal notices must be served at the following address for notices served on ReachOut:

Legal Department ReachOut Australia Level 2, 35 Saunders Street Pyrmont NSW 2009 AUSTRALIA

In the case of legal notices to be served on you, all notices will be sent to the email address you provide to ReachOut during the registration process.

13. General

These Member Terms, your use of the ReachOut Services and any disputes between you and ReachOut will be governed by and construed in accordance with the laws of the State of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in New South Wales. You are solely responsible for ensuring that your use of the ReachOut Services is not prohibited and complies with your local laws.

We may vary any of these Member Terms at any time by publishing revised terms on the ReachOut Sites. You will be deemed to have accepted and agreed to the revised Member Terms if you continue to use any member section of the ReachOut Sites and the ReachOut Services after the revised Member Terms have been placed on the ReachOut Sites.

ReachOut is not your agent for any purpose in relation to these Member Terms or your use of the ReachOut Services.

If any provision of the Member Terms Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under these Member Terms to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others does not waive our right to act on subsequent or similar breaches.

These Member Terms contain the entire understanding and agreement between you and ReachOut. The following sections survive any termination of the Member Terms: Content Indemnity and Release, Limitation of Liability.

Tagged in

General content
ReachOut home
        Aboriginal flagTorres Strait islander flagRainbow flagAustralian flag

        We acknowledge the traditional owners of Country throughout Australia. We pay our respects to Aboriginal and Torres Strait Islander cultures, and to Elders past and present. We recognise connection to Country as integral to health and wellbeing.

        We acknowledge people with lived experience of mental ill-health and recovery and the experience of people who have been carers, families, or supporters.

        ReachOut values diversity. We are committed to providing a safe, culturally appropriate, and inclusive service for all people, regardless of their ethnicity, faith, disability, sexuality, or gender identity.

              Aboriginal flagTorres Strait islander flagRainbow flagAustralian flag

              We acknowledge the traditional owners of Country throughout Australia. We pay our respects to Aboriginal and Torres Strait Islander cultures, and to Elders past and present. We recognise connection to Country as integral to health and wellbeing.

              We acknowledge people with lived experience of mental ill-health and recovery and the experience of people who have been carers, families, or supporters.

              ReachOut values diversity. We are committed to providing a safe, culturally appropriate, and inclusive service for all people, regardless of their ethnicity, faith, disability, sexuality, or gender identity.

              © ReachOut Australia 2024