Website Terms of Access and Use

  1. Acceptance of Terms

By accessing and/or using the “Healthier. Happier. Workplaces” website (“Website”) you agree that your access and use will be strictly in accordance with, and governed by, these Terms in their unaltered form which are legally binding on you.

If you do not accept these Terms you must exit the Website immediately without further action. Access to, and/or use of, the Website, or access to any of the information, data, or material on the Website constitutes your acceptance of these Terms.

If you are under 18 years of age, you may only access and/or use the Website with the authorisation of your parent or guardian who, by authorising your access and/or use of the Website:

a. agrees to take responsibility for, and be liable for, your access to, and/or use of, the Website; and
b. agrees to take responsibility for, and be liable for, all obligations imposed on you under these Terms; and
c. warrants that you are entitled to provide all of the rights and consents that you, as the user of the Website, is required to provide under these Terms where you provide them and that they are so entitled where they provide them on your behalf.

  1. Definitions and Interpretation

The expression “Terms” includes these terms and conditions governing your access and/or use of the Website, which may be accessed at the following web address: https://workplaces.healthier.qld.gov.au/terms-conditions/

In these Terms:

a. “Content” means information, data or materials provided for users of the Website.
b. “Personal Information” has the meaning in the Information Privacy Act 2009 (Qld) which, at the time of formulation of these Terms, is information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
c. “Purpose” means promoting and encouraging workplace health and wellbeing;
d. “State” means the State of Queensland (acting through Queensland Health);
e. “User Account” means the means granted by the State to a user of the Website, which may be granted to you subsequent to submission by you of Personal Information requested by the State and agreement by you to further terms and conditions, to access functionality of the Website which is not accessible by users of the Website who have not been granted an account; and
f. “Website” means the “Healthier. Happier. Workplaces” website located at https://workplaces.healthier.qld.gov.au/

Headings are for convenience only, and do not affect the interpretation of these Terms.

  1. Agreement

3.1.        The Website is owned and operated by the State.

3.2.        You are not granted any rights in, or to, the Website other than the limited right to access and/or use the Website according to these Terms as varied from time to time.

3.3.        This agreement constitutes the entire agreement between you and the State in respect of your access to, and/or use of, the Website.

  1. Terms

4.1.        The following documents accessible on the website form part of these Terms:

4.1.1.    the Privacy Statement;

4.1.2     the Personal Information Collection Notice;

4.1.3.    the Copyright statement; and

4.1.4.    the Disclaimer statement.

  1. Use of the Website

User Account

5.1.        You will be required to create a User Account to access the full Content and functionality of the Website. This is because some Content is personalised for the user and your Personal Information is recorded for promotion of workplace health and wellbeing and evaluation of workplace health and wellbeing initiatives by the State.

Use of the Website

5.2.        You agree that you will not use the Website for a commercial purpose or in any way inconsistent with these Terms or for any unlawful purpose or for any purpose that is inconsistent with the Purpose.

Suspension or termination of User Account or access

5.3.        In addition to any other remedies the State may have at law, you agree that the State may, without prior notice, suspend, for any period in the State’s absolute discretion, or terminate your User Account or your access to, or use of, the Website immediately or at any time, in its absolute discretion, without providing reasons, if the State considers, in its absolute discretion, that you have breached these Terms, are likely to breach these Terms or otherwise pose a threat to users, the State (including its related entities, directors, officers, employees, contractors, agents or representatives, whether in the course of their employment or otherwise), the Website, Integrated Third Party Applications, third party websites or information repositories or applications, the computer systems, applications, or networks of the State (including its related entities, directors, officers, employees, contractors, agents or representatives, whether in the course of their employment or otherwise), where the nature of a “threat” is determined in the absolute discretion of the State.

Cessation of Website

5.4.        The State reserves the right to cease operating the Website and to terminate this agreement at any time without notice.

  1. Health and medical

6.1.        The State makes no guarantees or representations that your access to, or use of, the Website will assist you in relation to the Purpose.

6.2.        Information, data or material available on or through the Website is made available for the benefit of the public and is not intended to provide or substitute medical advice from a health professional.

6.3.        The State strongly recommends that you seek advice from a qualified health care professional before you make changes that may affect your health.

6.4.        You agree that you are solely responsible for the information you enter into the Website, for your decision to obtain treatment from a healthcare professional for you, any member of your family or any other person and for weighing the benefits and risks of any treatment.

  1. Privacy

7.1.        You acknowledge and agree that information about you, including Personal Information provided by you as a consequence of you obtaining access to, or using, the Website, obtaining a User Account, submitting Content to the Website or accessing or using an Integrated Third Party Application will be collected and held by the State for the purpose of operating the Website for the Purpose, supporting its functionality and providing you with information, data and/or material consistent with the Purpose.

7.2.        The State may deal with your Personal Information in accordance with the Privacy Statement located at https://workplaces.healthier.qld.gov.au/privacy-policy/ and the Personal Information Collection Notice located at https://workplaces.healthier.qld.gov.au/collection-statement/.

7.3.        The State collects, uses, discloses, manages and otherwise deals with your Personal Information in accordance with the Information Privacy Act 2009 (Qld).

7.4.        The State may be required to disclose your Personal Information by applicable law, under compulsion of law by a court or government agency.

7.5.        For information on how to gain access to your Personal Information and for contact details regarding privacy matters in connection with the Website or the State, refer to the Privacy Statement.

  1. Intellectual property rights

8.1.        You agree that you will not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website, any Content, information, data or material available on or through it or any Integrated Third Party Application in any way whatsoever.

8.2.        You agree that you do not obtain any intellectual property rights in, or to, the Website or any information, data or material contained in, accessible from, or transferred to, or from, the Website or any Integrated Third Party Application, its associated websites, information repositories or applications whenever created.

  1. Content

Downloadable material

9.1.        The State makes, or may make, documents, software, data, information and other materials available for download from the Website and does so under the following conditions:

9.1.1.    Downloadable material is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect the computer system and network from which you access the Website and the software, firmware and hardware systems and those of any other person on or connected to them.

9.1.2.    You agree that the State is not liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from your downloading, access to, or use of, the downloaded material.

9.1.3.    If you provide the downloaded material to another party you should bring to the other party’s attention these Terms.

10. Security

Security warranties and obligations

10.1.     You warrant and agree that in using the Website, you will not:

10.1.1.     attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;

10.1.2.     tamper with any other person’s access to the Website;

10.1.3.     access, or attempt to access, without the express authorisation of the State any part of the Website or its connected software, firmware or hardware, including computers, files, networks and equipment, that is not intended by the State to be publically available;

10.1.4.     attempt to bypass any network firewall segregating software, firmware or hardware connected to the Website from the Website;

10.1.5.     devise ways to circumvent security measures implemented by the State in order to access, or attempt to access, without the express authorisation of the State any part of the Website or its connected software, firmware or hardware, including computers, files, networks and equipment, that is not intended by the State to be publically available, including, but not limited to, scanning networks with the intent to breach and/or evaluate security;

10.1.6.     use any part of the Website, Content or other information or data in relation to the Website for any purpose other than your permitted interaction with the Website in accordance with the Purpose without the express authorisation of the State;

10.1.7.     misuse, or attempt to misuse, the Website, including, but not limited to, social engineering, denial-of-service attacks, reckless, negligent, harmful and/or malicious destruction of Content, information and/or data, intentional invasion of any person’s privacy or injection of, or provision of the means to inject, electronic viruses, malicious code or spam that may cause damage, loss, injury or harm to any person, entity, machine, hardware, firmware or software;

10.1.8.     data mine or conduct automated searches of the Website;

10.1.9.     frame or mirror the Website; and

10.1.10.  include links to the Website (other than to the home page) from any other website except where the Website indicates that it is acceptable to do so or where an Integrated Third Party Application has been made available on the Website.

Software viruses, etc

10.2.     Without limiting the above, the State does not warrant that the Website, or the server on which the Website is hosted, is free of electronic viruses, malicious code, spam or other defects.

10.3.     The State excludes to the maximum extent possible, any liability for any loss suffered as a result of any such electronic viruses, malicious code, spam or other defects.

No confirmation of identities or control over access

10.4.     You acknowledge that the State cannot confirm the identity of persons accessing or using the Website and cannot prevent accessors, users or contributors acting under false pretences

11. Exclusion of warranties, liability, etc

Your risk

11.1.     You acknowledge and agree that access to, and use of, the Website is at your own risk and the State accepts no responsibility for any interference, loss, damage or disruption to the computer system and/or network you use to access or use the Website, any Content, information, data or other material on that system and/or network or otherwise which arises in connection with your access to, or use of, the Website.

11.2.     You must take your own precautions to ensure that the process which you employ to access or use the Website does not expose the computer system and/or network you use to access or use the Website to the risk of electronic viruses, malicious code, spam or other forms of interference which may cause interference, loss, damage or disruption of any kind.

Exclusion of warranties

11.3.     The Website is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis and without warranties of any kind, express or implied, except to the extent that warranties are implied by statute and are incapable of exclusion.

11.4.     To the maximum extent permitted by law, the State excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to:

11.4.1.     the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, availability, connectivity, performance, fitness for purpose or any other aspect of:

  1. the Website;
  2. any material, information, data and/or Content on the Website;
  3. any Integrated Third Party Application, its associated websites, information repositories or applications;
  4. any material, information, data and/or Content on any Integrated Third Party Application, its associated websites, information repositories or applications,

11.4.2.     loss, damage, corruption or degradation of any Content, information, data or other material of any person or organisation as a result of access to, or use of, the Website and/or any Integrated Third Party Application, its associated websites, information repositories or applications.

11.5.     You must make your own inquiries and seek independent advice before acting or relying on any Content, information, data or other material submitted to, or which appears on, the Website.

Exclusion of liability

11.6.     The State does not accept any responsibility and/or liability for the qualities and items set out at clauses 11.4.1 and 11.4.2 and, to the maximum extent permitted by law, the State excludes all liability for any loss or damage whatsoever which is and/or may be 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:

11.6.1.     a problem or failure of the qualities and items set out at clauses 11.4.1 and 11.4.2;

11.6.2.     accessing and using the Website and/or participating in any on-line activities related thereto;

11.6.3.     access to, use of, reliance on, or action taken as a result of, any Content, information, data and/or material on the Website for your personal or business decisions or those of other persons or organisations or otherwise, whether such Content, information, data and/or material is posted by another user, the State (including the State’s related entities, directors, officers, employees, contractors, agents or representatives whether in the course of their employment or otherwise) or otherwise;

11.6.4.     any interruption to, or suspension or termination of, the Website or your access to it in whole or in part (including but not limited to Content) for whatever reason; or

11.6.5.     any decision to remove or amend Content ;

11.6.6.     unavailability, unsuitability and connectivity problems and/or failures of any Integrated Third Party Application, its associated websites, information repositories or applications;

11.6.7.     loss, damage, corruption or degradation of any Content, information, data or material of any person or organisation as a result of the use of the Website, any Integrated Third Party Application, its associated websites, information repositories or applications.

Exclusion of liability – scope

11.7.     The State’s exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the State has been notified of the possibility of such loss or damage.

Non-excludable liability (if any)

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

Release from claims and indemnity

11.9.     You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related entities, 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 materials in or from the Website, or submitting or accessing any Content, information, data and/or material.

11.10.  You release and indemnify the State, its related entities, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against any loss, liability, claim, demand, damage or expense (including legal fees):

11.10.1.  incurred by you;

11.10.2.  incurred by the State;

11.10.3.  made by any third party against those indemnified;

howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:

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

11.10.5.  your use of or reliance on the Content ,information, data and/or material contained in, or accessed through, the Website, including through any Integrated Third Party Application;

11.10.6.  breach by you of the Terms; and/or

11.10.7.  the use by any other person of your Content or any other information, data or material concerning you on the Website, including through any Integrated Third Party Application, its associated websites, information repositories or applications.

Your contribution to loss

11.11.  You agree that any legal liability on the part of the State will be reduced to the extent, if any, to which you contributed to the loss or damage.

12. Third party websites

12.1.     The Website contains links to other websites owned and/or operated by third parties who are not under the control of the State.

12.2.     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, unless specifically stated.

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

12.4.     The State, to the maximum extent possible, excludes liability for any loss or damage suffered by any person or organisation as a result of access to, or use of, these third party websites, or reliance on the information, products or services contained on these third party websites

13. Integrated Third Party Applications

13.1.     The Website may include Integrated Third Party Applications. You acknowledge and agree that Content, information, data and materials communicated from you to an Integrated Third Party Application may be transferred to, and viewable on, the Website and that that Content, information, data and materials may be transferred to, and viewable on third party websites, information repositories and/or applications.

13.2.     When an Integrated Third Party Application is integrated with the Website, the State cannot disable that integration on a User by User basis.

13.3.     The State does not approve, endorse, recommend or sponsor these Integrated Third Party Applications, their owners or operators, or any information, data, graphics, materials, products or services referred to, contained in, or transferred from, those Integrated Third Party Applications or their associated websites or information repositories, unless specifically stated.

13.4.     The State is not responsible for the information, data or material comprising in, contained on, or transferred to, or from, these Integrated Third Party Applications or their associated websites, information repositories or applications or transferred to, or from, a Website user’s email address by any of the foregoing.

13.5.     The State cannot moderate, modify or remove from the Website any information, data or material that has been transferred to it by an Integrated Third Party Application.

13.6.     It is your responsibility to ensure that any information, data or material submitted by you that has been transferred to the Website by an Integrated Third Party Application complies with these Terms and, if so requested by the State, you agree to immediately modify or remove any information, data or material considered by the State, in its absolute discretion, to be non-compliant with these Terms in accordance with the directions of the State. Failure to do so will allow the State, in its absolute discretion, to delete from the Website the information, data or material considered to be non-compliant with these Terms.

13.7.     The State, to the maximum extent possible, excludes liability for any loss or damage caused, or reasonably suspected to be caused, by any Integrated Third Party Application, or reliance on the information, data or material contained in, transferred from, or accessible through, any Integrated Third Party Applications, their associated websites, information repositories and/or applications.

14. Future changes

14.1.     The State may amend, delete, add to, or otherwise revise any information, data or materials contained on the Website at any time without notice, as well as these Terms and it is your responsibility to monitor any such changes, assess their affects and make a decision about your continued access to, or use of, the Website for yourself.

14.2.     All changes are effective from the date they are posted on the Website and your continued access to, or use of, the Website will constitute your acceptance of the variation to the Terms.

15. Jurisdiction

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

16. Invalid or unenforceable provisions

16.1.     If a provision of these Terms is found by a court of law to be invalid or unenforceable:

16.1.1.it is to be read down or severed to the extent of the invalidity or unenforceability; and

16.1.2.its reading down or severance does not affect the validity or enforceability of the remaining provisions.