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Terms and Conditions

Please carefully read these terms and conditions (“Terms of Use”) for use of the Your Mental Wellbeing website (“Website”).

1. Terms of Use

a) By using the Website, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your use of the Website constitutes your acceptance of these Terms of Use, which takes effect each time you use the Website. If you do not agree with these Terms of Use, you must cease using the Website immediately.

b) The Website is owned and operated by the State of Queensland acting through Queensland Health. The State reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Website to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the Website will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Website.

c) These Terms of Use also include the terms and conditions set out below:

  • Your Mental Wellbeing Privacy 
  • Your Mental Wellbeing Copyright
  • Your Mental Wellbeing Disclaimer (the content of this page will also need to be amended as above)

d) In these Terms of Use:

  • the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person or organisation accessing and using the Website;
  • the expression ‘we’, ‘us’, ‘our’ and “the State” means the State of Queensland acting through Queensland Health;
  • the expression “Your Mental Wellbeing website” and “the Website” means the Your Mental Wellbeing website, qld.gov.au/mentalwellbeing including  contact details supplied in the Contact us form.

2. Use of the Website and data

2.1 Use

(a) You may access the Website, to view, use and display the Website for your personal use only.  You may use the Website to view information and material provided by us. You may not use the Website for any other purpose.

(b) You acknowledge that you have no rights in, or to, the Website or technology used or supported by the Website, other than the right to use the Website in accordance with these Terms of Use.

2.2 Limitations of Use

You must:

(a) use the Website in accordance with these Terms of Use;

(i) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;

(ii) not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or hack into or insert malicious code, including viruses, destruction of data, or harmful data, into the Website;

(iii) not use the Website in any way that could damage, disable, overburden, impair or compromise the Website; and

(iv) comply with any applicable law and regulation relating to downloading content or applications used or supported by the Website.

2.3 Subscription to Your Mental Wellbeing emails

(a) As part of the optional subscriber services on the Website via the newsletter subscriber bar you can choose to receive emails which may include notifications of changes to the website, mental wellbeing tips and links to tools and resources (“Emails”).  If you choose to receive Emails then the Website will generate Emails and send them to your nominated email address and you acknowledge and consent to receipt of these Emails.

(b) You may choose to stop receiving Emails at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of each Email.

(c) We will not be responsible or liable for any costs or damages incurred by you not receiving Emails or by the insufficient operation of your internet service provider or email account.

2.4 Intellectual Property

The State is the owner of the Website.  All intellectual property in the information and material published on the Website is owned by, or licensed to, the State. You obtain no interest in the intellectual property. All content in the Website, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Website or any of its components.

2.5 Privacy

You acknowledge that information about you will be held by the State.  This information is collected by us for the purpose of providing you with information and material in relation to mental health and wellbeing. In addition, the State may use your personal information in accordance with our Privacy statement located at Privacy. The State protects, collects and manages your personal information in accordance with the Information Privacy Act 2009 (Qld). The State may be required to disclose personal information by law or under a court order to another government agency. For information on how to gain access to your personal information, how we use your personal information, provision of contact details or other privacy matters, please see the link above to the Privacy statement.

3. Exclusion or warranties, liability, etc.

3.1 Exclusions of warranties

All content and services on or available through the Website are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be provided by statute and are incapable of exclusion, in respect of the Website or its content. To the maximum extent permitted by law, the State excludes, and does not make any representation, or provide any warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

(a) the accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of the content, or any material and/or information in the Website;

(b) the performance and availability of the Website;

(c) the loss, damage, corruption or degradation of any data or other material as a result of the use of the Website.

3.2 Exclusion of liability

To the maximum extent permitted by law, the State excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

(a) the use of, reliance on, or action taken as a result of, any information or material in the Website for any decision or otherwise;

(b) accessing, displaying and using the Website and/or participating in any on-line activities contained therein;

(c) any interruption, suspension or termination of the Website in whole or in part for whatever reason including failure of or suspension of public or private telecommunications networks;

(d) the unavailability, unsuitability and non-connectivity of third party sites;

(e) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Website and or viruses or other technologically harmful material that may infect your computer or mobile device due to your use of the Website.

3.3 Your risk

You access the Website at your own risk and the State accepts no responsibility for any interference, loss, damage or disruption to your own computer or mobile device or otherwise which arises in connection with your use of the Website.  You must take your own precautions to ensure that the process which you employ to obtain access to the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.

3.4 Release from claims, etc

You hereby waive and relinquish any and all claims that you may have against the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Website including but not limited to downloading any information and materials in or from the Website.

You release, forgive, discharge and indemnify the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:

(a) any loss or damage or liability for any loss or damage incurred by you; and

(b) any loss, liability, damage or expense (including legal fees) incurred or suffered by any third party, and any claim or demand made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:

i. your use of the Website or any linked website, including by making or carrying out any commitments;

ii. your use of or reliance on information contained in or accessed through the Website; or

iii. a breach by you of the Terms of Use.

3.5 Software viruses, etc

Without limiting the above, the State does not warrant that the Website, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software.  Accordingly, the State excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

3.6 Downloadable material

We make downloadable documents, software and other materials available under the following conditions:

(a) Downloadable material within the Website is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile or computer device and software systems and those of any other person.

(b) You agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material.

(c) If you provide the downloaded material to another party you must bring the other party’s attention to these conditions.

3.7 Health and medical

We make no guarantees that by using the Website you will have all the information you need around mental health and wellbeing. Information provided by the Website is made available for the benefit of the public and is not intended to constitute or substitute medical advice from a health professional. We strongly recommend that you seek advice from a qualified health care professional before you make changes to your diet, eating or physical exercise habits/plans. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Website.

3.8 Exclusion of liability – scope

The exclusion of liability applied to these Terms of Use as set out in this clause 3 applies to claims whether in contract, tort (including, without limitation, negligence), equity or breach of statutory duty and even if the State has been notified of the possibility of such loss or damage.

3.9 Your contribution to loss

You agree that any legal liability on the part of the State for any loss (including consequential loss), damage or expense (including legal fees) incurred or suffered by you or any other party arising out of or in connection with:

i. your use of the Website or any linked website, including by making or carrying out any commitments; or

ii. your use of or reliance on information contained in or accessed through the Website;
will be reduced by the extent, if any, to which you contributed to the loss (including consequential loss), damage or expense.

3.10 Non-excludable liability (if any)

These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

4. Third party websites and applications

The Website contains links to websites and mobile applications owned and operated by third parties, who are not under the control of the State.

The State does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked websites and mobile applications, unless specifically stated.

The State is not responsible for the content of these linked websites and mobile applications and makes no representation as to the accuracy of any material on these websites or mobile applications.

The State, to the maximum extent possible, excludes liability for any loss suffered as a result of the use of these third party websites and mobile applications, or reliance on the information contained therein.  The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications.

5. Accessibility

This site has been designed and developed to ensure that its content is available to as many users as possible, including:

  • people with disabilities who may use assistive technologies
  • people with slower internet connections (including some rural and regional users) or less than state-of-the-art equipment
  • people with non-PC internet devices including handheld devices, game consoles and mobile phones.

The accessibility features available on this site include:

6. General

6.1 Governing law and jurisdiction

These Terms of Use shall be governed by and construed according to the laws in force in the State of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.

6.2 Entire agreement

These Terms of Use, together with other documents referred to therein, constitute the entire agreement between you and us relating to the Website.

6.3 Severability

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the rest of the provisions therein, which will continue in full force and effect, to the fullest extent permitted by law.

6.4 No waiver

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.

6.5 Contact Details

Should you have any questions regarding these Terms of Use please contact the Website administrator by emailing: campaigns@health.qld.gov.au