SHIFT-Depression Terms of Service
1.Your Acceptance
This document outlines the Terms of Service for the SHIFT-Depression website and any associated services, for example SHIFT-Depression®Inventory and Manual. This is an agreement ("Agreement") between SHIFT-Depression Pty Ltd, the owner and operator of www. shiftdepression.com.au ("the Site"), any SHIFT-Depression services ("Service(s)") and you ( "you", "your", or "user(s)"), a user of the Site and/or Service.
Throughout this Agreement, the words "SHIFT-Depression", "us", "we", and "our", refer to the company, SHIFT-Depression Pty Ltd and the Site or any Services, as is appropriate in the context of the use of the words.
You may access the SHIFT-Depression®Inventory by clicking here.
By using this Site or any Services you agree to be bound by this Agreement, and the associated Copyright Policy. We may amend our Terms of Service and said Policy from time to time and any updates will be available on this Site. You should familiarize yourself with the Terms of Service each time you visit the site.
If you do not agree with the Terms of Service, or Copyright Policy, please cease using the Site and Service immediately. Users of this Site and Service must be 18 years of age or older, or at a minimum you must be over the age of 13 with a parent's permission to use the Site and Services.
2. Consult with your Doctor or Healthcare professional - Health Waiver
None of the content or products offered on the SHIFT-Depression Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions. The products and content found on the Site are not intended as a substitute for the advice provided by your doctor or other healthcare professional. If you have or suspect that you have a health problem, you must consult with your doctor or healthcare professional. Never disregard, avoid, or delay obtaining medical advice from your doctor or healthcare professional because of something you have read on this Site. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately. You are responsible to make your own enquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
Your use of this site is at your risk. Neither SHIFT-Depression nor any respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web Site. Although we in good faith believe that the information provided will help you to understand sadness and depression more fully, using our Services or information may not give you the results you desire or may cause negative health or life consequences. The information, materials and services provided on or through this web Site may be out of date, and neither SHIFT-Depression nor any of their respective affiliates, makes any commitment or assumes any duty to update such information, materials or services.
All information provided on this Site is provided generically and does not take into account the unique qualities or situations of any individual user. All information provided on this Site is designed to support rather than be used as a substitute for treatment with a health professional.
This website is not a crisis service nor is it providing treatment for any health (particularly mental health) disorders including depression. This website cannot respond to individual requests for support or treatment and it is the responsibility of the user to seek support from their own health professional or, if urgent, their nearest hospital. If you need to speak to someone straight away and you are in Australia, call Lifeline on 13 11 14.
3. Sadness or Depression - Health Waiver
Information provided on the SHIFT-Depression website is based on published research of current, peer-reviewed scientific literature. Before relying on any information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information provided is free from error or suitable for your purposes. You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
4. Testimonials
Please be aware that any testimonials on the website may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
5. User Access to the SHIFT-Depression® Inventory
When accessing the SHIFT-Depression® Inventory, you are asked to enter a user name, password and email address before you can proceed. You are able to enter an alias if you wish and/or an email address which does not identify your real name but the email address should be a functioning email address. Any time you enter a name and a password, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service. SHIFT-Depression has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the name and password you assign yourself whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the name and password you assigned to yourself. You shall immediately notify SHIFT-Depression Pty Ltd of any unauthorized use of your name or password or any other breach or threatened breach of this Site's security.
6. Access to the SHIFT-Depression® Inventory without cost to you
Access to the Inventory and other information pages on this site is provided without charge. Access to the Manual, which provides detailed information for you to understand your results on the Inventory more fully, is provided as a download for a fee of $9.95 payable via PayPal. Payment for the Manual requires you to be directed to a third party payment processing site called PayPal. The personal information you provide to PayPal and your PayPal login and account details are not provided to SHIFT-Depression Pty Ltd. It is your responsibility to always safeguard your PayPal account information and SHIFT-Depression will not be held responsible for any breach of your personal information with your PayPal account. If you experience difficulties with the navigation to PayPal for payment of the Manual or navigation back to SHIFT-Depression to download the Manual, please contact us by email "info at shiftdepression.c om.au" (substituting @ for 'at' and removing the spaces) for support.
7. Modification of Service and Site Availability
We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, remove access to the Inventory and Manual, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.
8. Our License Grant to You
We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. this means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service. This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of SHIFT-Depresssion Pty Ltd, or your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Service or notify us.
9. Your use of SHIFT-Depression
When using our Service, you are responsible for your use of the SHIFT-Depression website and for any use of SHIFT-Depression made using your device. You also agree that your use of SHIFT-Depression is for personal, non commercial use. You agree not to access, copy, or otherwise use the SHIFT-Depression® Inventory or information on the SHIFT-Depression website, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by SHIFT-Depression Pty Ltd.
10. Intellectual Property Rights
You agree that you have read and will abide by our Copyright Policy
The design of the SHIFT-Depression® Inventory hard copy version, the SHIFT-Depression®Inventory web site online version; the Manual, the web Site and the Service, along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SHIFT-Depression Pty Ltd, subject to copyright and other intellectual property rights under the Australian Commonwealth Copyright Act (1968), the Trademarks Act (1995), and foreign laws and international conventions. SHIFT-Depression reserves all rights not expressly granted in and to the Inventory, the Manual, the Service, and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the SHIFT-Depression®Inventory, Manual, Site or Service unless we have given express written permission.
You agree not to use SHIFT-Depression to:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated "scraping";
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not attempt to collect or harvest any personally identifiable information, including user names and passwords, from the Service.
- You agree not to stalk, harass, bully or harm another individual who uses our Site, Service or associated Service.
- You agree not to upload, post, transmit or otherwise make available any material that:
- a) is not your original work, or which may infringe the intellectual property or other rights of another person;
- b) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- c) includes an image or personal information of another person unless you have their consent:
- d) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- e) contains large amounts of untargeted, unwanted or repetitive content; or
- f) contains financial, legal, medical or other professional advice.
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree that you will not hold SHIFT-Depression responsible for your use of our Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to SHIFT-Depression;
- You agree not to interfere with or disrupt the Site, Service or associated Services;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you are responsible for such violation;
- You will not use our Site to post or to send us electronic communications (for example Emails)containing any false, misleading, unlawful, defamatory, obscene, invasive,threatening, harassing, inflammatory, fraudulent content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching on any portion of our Site from a third party's website, such as by requesting its removal from a search engine;
- You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you believe that a user has breached any of the above conditions, please contact us at info at shiftdepression.c om.au (substituting @ for 'at' and removing the spaces).
We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
By uploading, transmitting, posting or otherwise making available any material via the website including providing us with any comments, feedback, ideas or suggestions; you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of you or any of your Affiliates.
11. Linking and Third Party Content
You must not frame, reformat, replicate or mirror any part of the website, or use any data mining robots or other extraction tools in relation to the website, without our prior written authorization.
You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
12. Disclaimers
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or accessed on or through this web Site.
By accessing our web Site, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this web Site or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions, and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
13. Limitations and Liability
Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, SHIFT-Depression Pty Ltd does not assume any responsibility or liability for any damages to you. In no event will SHIFT-Depression Pty Ltd or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site.
14. Indemnity
You agree to defend, indemnify and hold harmless SHIFT-Depression Pty Ltd, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the SHIFT-Depression ® Inventory, Manual, Site, Service and associated Services;
- your violation of any part of these Terms of Service;
- your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
- any claim that any of your content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the SHIFT-Depression®Inventory, Site and Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorney's fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
15. Limitations to your privacy
SHIFT-Depression Pty Ltd respects the privacy of its users and reserves the right to monitor the Site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpeona or government request, (ii) to operate the site, or (iii) to protect the rights or property of SHIFT-Depression Pty Ltd.
16. Electronic Communications
The communications between you and SHIFT-Depression use electronic means, whether you visit the Site or Service or send emails to SHIFT-Depression, or whether SHIFT-Depression posts notices on the Site or Service or communicates with you via email. For contractual purposes, you (1) consent to receive communications from SHIFT-Depression in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that SHIFT-Depression provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Any communications between you, the user, and SHIFT-Depression Pty Ltd, will be responded to by us within a reasonable time frame, for example seven to ten days, or, on a case by case basis, and you will be advised when you can expect a reply from SHIFT-Depression Pty Ltd. This includes communications seeking technical support in using the web site. It is already set out in Items 2 & 3 of these Terms of Service that this web site cannot respond to any requests for support or treatment. This includes any requests via email communication or requests posted on any Blog pages associated with this web site.
This ends the Terms of Service.
