Breathing Space is a purpose built, moderated, and secure social network, where people can seek support from clinicians and each other to help them improve their wellbeing and resilience. Breathing Space has been tested in clinical trials, and is effective in helping to improve mood, reduce feelings of isolation, and reduce problematic drinking.

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These Terms of Use govern your use of the Breathing Space and the packages contained within it, including access to Breathing Space via your computer or mobile phone at the website located at https:// Breathing Space.com.au, which is owned and operated by the University of Newcastle (UON). Access to and use of Breathing Space is subject to your acceptance of these Terms of Use.

By accessing Breathing Space you accept and consent to, without limitation or qualification, all of the Terms of Use. Before using Breathing Space please review these Terms of Use carefully.

NSW Health and UNSW have an obligation to ensure the privacy and confidentiality of your personal health information. Your personal health information will only be used or disclosed in accordance with the NSW Health Privacy Manual for Health Information.

The UNSW reserves the right to amend these Terms of Use or the Program without notice to you at anytime, however, we will post the amended Terms of Use onto the Breathing Space site.

You will be deemed to have accepted and agreed to the revised Terms of Use if you continue to use any login section of the site after notice of the revised Terms of Use has been placed on the site.

Your access to Breathing Space will commence upon our acceptance of your application for registration which will be confirmed to you via email and/or SMS.

Disclosure of content

UON has an obligation to ensure the privacy and confidentiality of your personal health information. Your personal health information will only be used or disclosed in accordance with the NSW Health Privacy Manual for Health Information. You may enter personal information, such as health, racial, ethnic, or gender details into the program. UON and Breathing Space will only use this information for purpose of storing and processing it on your behalf.

UON and Breathing Space will not access or monitor your use of the program except:

In the website analytics to monitor the volume of traffic and use of the site

the automated interactivity of the program that will automatically trigger a referral to the suicide call back service based on an algorithm if your responses to the Psychiatric Symptom Frequency (PSF) screening tool indicate you are at high risk of self-harm or suicide.

for use by us or our authorised nominees for internal research and program evaluation purposes (without, however, disclosing your identity or any other personal information that you may post). This research is enabled under strict privacy protocols and allowed by the UON Research Ethics Committee.

UON and Breathing Space will not disclose content that you post to the Program, except:

to investigate possible breaches of these Terms of Use;

if a law requires or authorises the use or disclosure of content that you post;

if disclosure is reasonably necessary to enable an enforcement body to perform its function, including:

the prevention, detection, investigation, prosecution or punishment of criminal offences; and

the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Your obligation

You are solely responsible for any content or material that you post or upload on Breathing Space, or that is posted by another person using your user name or password. UON and NSW Ministry of Health excludes all liability (to the extent permitted by law) for any loss, damage, or expenses suffered by you or claims made against you arising from content or material which you post or upload on Breathing Space, or which is posted by another person (whether using your username or password or otherwise).

Our obligations to you

UNSW and the NSW Ministry of Health will take reasonable steps to ensure the security and confidentiality of material that you post or upload onto Breathing Space. However, we cannot guarantee against any loss, damage, alteration or misuse of the content or material, 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 Breathing Space.

UNSW and the NSW Ministry of Health will use its best efforts to provide high availability of Breathing Space, but this cannot be guaranteed outside normal business hours. We are not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other reasons. We make no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.

Fees, charges and cancellation

There is no fee or charge for you to register with Breathing Space. However, if you access Breathing Space through the use of a mobile phone or the Internet, your normal phone/Internet/data charges will apply.

There is no minimum contract associated with the use of Breathing Space. You may choose to stop using Breathing Space at any time.

Continuation of Breathing Space

We reserve the right to discontinue Breathing Space at any time and for any reason.

Disclaimer and limitation of liability

This site is provided on an “as is” and “as available” basis. UON and the NSW Ministry of Health make no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials included on Breathing Space. To the full extent permissible by applicable law, the administrators of Breathing Space, UON and the NSW Ministry of Health hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Neither Breathing Space, UON , nor the NSW Ministry of Health will be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use Breathing Space solely at your own risk.

The materials displayed on Breathing Space (“Content”), including without limitation all information, text, materials, graphics, names, logos and trademarks are for information purposes only. It should not be relied on as a substitute for professional advice on your or any other person’s health, or the assessment, treatment, or prevention of any disease. Persons accessing Breathing Space do so at their own risk. You should always seek the advice of a physician or other qualified health provider with any questions you have regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of your result provided by anything you read on Breathing Space.

UON and the NSW Ministry of Health have no responsibility or liability in relation to any direct or indirect loss or damage that you incur, including but not limited to damage to your software or hardware or mobile phone or injury to you or anyone else arising from your use of or access to eCliPSE. UON and the NSW Ministry of Health make no warranty regarding the quality, accuracy, merchantability, or fitness for purpose of the Content or Breathing Space to your specific situation.

UON and the NSW Ministry of Health do not warrant that Breathing Space or functions contained in Breathing Space, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that our server or the server that makes it available are free of viruses or bugs.

To the extent permitted by law, all representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. In the case of breach of condition or warranty implied by law or otherwise that cannot be excluded, the liability of UON and the NSW Ministry of Health is limited to the maximum extent permitted by law.

Access to and ownership of program content

The Content in Breathing Space is protected by copyright, trademark and other intellectual property laws and the rights of UON and the NSW Ministry of Health and/or their third party licensors. You obtain no interest in the Breathing Space Content.

The Content, material, logos, and illustrations provided in Breathing Space are the property of the Breathing Space, UON and the NSW Ministry of Health, and may not be reproduced or redistributed or otherwise used for any other purpose without permission. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, or communicate to the public the Content (or a substantial part of it) in any way except as expressly provided for in these Terms of Use or under the Copyright Act 1968 (Cth) or other applicable laws.

You are granted the right to view Breathing Space Content using your web browser and mobile phone for your own personal use.

By submitting content or materials to Breathing Space, you consent to UON and the NSW Ministry of Health exercising all rights in respect of such content or materials as are set out in these Terms of Use 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.

Quality of information

Any errors in the Content that are brought to our attention will be corrected as soon as possible. UNSW reserve the right to change any Content on Breathing Space at any time without notice.

Content rights

UNSW may filter, remove or refuse to post files that interfere with the technical operations of Breathing Space, including files which threaten to overload or crash a system.

External links

Links to external websites on Breathing Space are provided on an information source basis only. UNSW and the NSW Ministry of Health make no warranty and accept no responsibility or liability in relation to any information, products, services or advice provided by these external links and any views or recommendations provided in linked sites do not necessarily represent those of UNSW and the NSW Ministry of Health. You acknowledge that you enter any third party websites at your own risk.

Complaints, technical help and technical fault reporting

If you have a complaint about the Program, you may contact: Associate Professor Frances Kay-Lambkin (f.kaylambkin@unsw.edu.au).

If you have any technical problems with the Program, you may contact: support@netfront.com.au.

Please note that personal medical advice is not available on Breathing Space from UON and the NSW Ministry of Health.

For personal medical advice please contact your treating medical practitioner or crisis lines such as the Mental Health Line 1800 011 511 or the Alcohol and Drug Information Service 9361 8000 (Sydney) or free call 1800 422 599 for assistance with accessing mental health and/or drug and alcohol treatment or advice.

Governing law

These Terms of Use are governed by and are to be interpreted in accordance with the laws of New South Wales, Australia.

(Last updated on 13 February, 2018)