Terms of Use

The Compassionate Friends Victoria: Sibling Online Chat Service Terms of Use

Effective August 17th, 2020

Do not use this service for any mental health emergency or crisis. If you are experiencing a medical emergency, please call 000 or if you require professional mental health crisis support please call Lifeline on 13 11 14.

A. About Us:

The Compassionate Friends Victoria provides a peer support online chat service for bereaved siblings (“Chat Users”) who are seeking emotional health and support, and would like to privately discuss their general wellbeing with another bereaved sibling (“Chat Responder”) with the lived experience. We do this through the services offered through the Sibling Online Chat Service (“Service”). By accessing or using the Service, both Chat Users and Chat Responders expressly agree to be bound to and to abide by these Terms of Use (“Terms”) and our Privacy Policy. If you do not agree to be bound to or to abide by these Terms of Use and our other Policies, do not use our Sibling Online Chat Service.

Currently the service islimited to bereaved siblings aged 18-30 years and residing in Victoria.

By accessing and registering to use the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and acknowledge that you have read, understood and agree to be bound by all the provisions, conditions and notices contained in these Terms, just as if you had signed these Terms.

These Terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these Terms and with respect to disputes you may have with us.

B. Terms of Use:

1. Service Conditions. 

You cannot register as a Chat User unless you are a bereaved sibling 18 -30 years of age and residing in Victoria. By using the Service, you represent and warrant to us that: (a) you are 18 -30 years of age; (b) you have the right, authority and capacity to agree to, and abide by these Terms; and (c) you shall not use the Service for any unlawful purpose or any purpose which violates these Terms.

2. Access to Service. 

These Terms provide you with a personal, revocable, non-exclusive, non-assignable, non-transferable, limited and temporary license to access and use the Service. We shall be entitled to terminate, restrict, or suspend your registration with immediate effect and without notice, including but not limited to by deleting your account or otherwise restricting your ability to access or use the Service, for any reason as determined by us.

3. Accounts.

To use the Service you must register. If you choose to register for online support, then you agree to provide true, accurate, current and complete information as prompted by our registration form, and to maintain and promptly update the information you provide to us in order to keep such information true, accurate, current and complete. You agree that you are solely and fully responsible for any activity / actions taken under your account. You agree to immediately notify us of any unauthorized uses of your password and/or any other breaches of security.

4. Chat Users.

Chat Users acknowledge and agree that they are responsible for all content that you post or transmit through the Service.

Chat Users understand that the Service is not intended for medical or mental health diagnosis, advice, or treatment and any content on the service or website should not be considered professional advice.

Chat Users represent and warrant that they will comply with all applicable laws, regulations, and ordinances of the applicable jurisdiction. We assume no responsibility for a Chat User’s compliance or lack of compliance with any applicable laws, rules or regulations.

The Chat User’s relationship on the Service is strictly with the Chat Responder, unless The Compassionate Friends Victoria determines that our involvement is necessary, at our sole discretion. We may do this to enforce the Terms of Use, or if upon reviewing the chat content, we determine, at our sole discretion, that our intervention or involvement is necessary.

5. Chat Responders.

Chat Responders acknowledge and agree that they are responsible for all content that they post or transmit through the Service.

Chat Responders must not provide any medical, legal, financial, or other professional advice through the Service. Providing medical, legal, financial or professional mental health advice is prohibited on the Service and must be provided outside of this service. The Service is not intended for medical or mental health diagnosis, advice, or treatment and any content on the Service and/or website should not be considered professional advice.

Char Responders represent and warrant that they will comply with all applicable laws, regulations, and ordinances of the applicable jurisdiction. We assume no responsibility for a Chat Responder’s compliance or lack of compliance with any applicable laws, rules or regulations.

The Chat Responder’s relationship on the Service is strictly with the Chat User, unless The Compassionate Friends Victoria determines that our involvement is necessary, at our sole discretion. We may do this to enforce the Terms of Use, or if upon reviewing the chat content, we determine, at our sole discretion, that our intervention or involvement is necessary.

7. Sibling Online Chat Service Guidelines.

To ensure that our Service is safe and beneficial, all Chat Users must read and accept these guidelines These guidelines are all derived from common sense, basic courtesy, respect, and adherence to the law. We recommend you check back from time to time, as they may be updated.

  • If you are having thoughts about harming yourself or others, please get help now by calling Lifeline 13 11 14 or your emergency services on 000. This Service cannot substitute the professional care you need.

  • You must comply with the Sibling Online Chat Service Terms of Use

  • You must be 18 -30 years old to use the Service.

  • You must be a bereaved sibling residing in Victoria to use the Service.

  • The Service is not intended for medical or mental health diagnosis, advice, or treatment and the content on the site should not be considered medical advice None of the content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you

  • Be open, honest and respectful. Accept and respect our differences

  • Chats on the Service are private – any content shared on the Service may not be shared with anyone

  • Do not post any hostile or disrespectful content on the service

  • Bullying and harassment will not be tolerated in any form

Any chat messages that promotes or condones racism, bigotry, violence, hate, dehumanization, or harm against individuals or groups based on things like race, ethnicity, disability, age, nationality, sexual orientation, gender, gender identity, religion, appearance, or occupation/association with a group is strictly forbidden and may result in you being permanently banned from using the Service.

Do not post inappropriate content or offensive language.

8. Waiver of Claims. 

To the maximum extent permitted by applicable law, you hereby agree to release, waive and discharge all claims, actions, demands, suits or proceedings including any and all liability for damages (actual and or consequential), costs and expenses of every kind and nature arising from or in any way related to a) the Service or these Terms b) your devise c) any inaccuracy of an Chat Responders representations d) any inaccuracy or incompleteness of any information or content obtained or accessed through the Service.

9. Assumption of the Risk 

You knowingly and freely assume all risk when using the Service. You agree to release The Compassionate Friends Victoria from any claims for bodily injury, property damage, wrongful death, emotional distress or other damages or harm, whether to you or third parties which may result from any aspect of using the Service.

10. Limitation of Liability. 

To the extent not prohibited by law, in no event shall we be liable for personal injury related to or resulting from any aspect of using the Service or any incidental or consequential damages whatsoever – arising out of or related to a) these Terms b) any aspect of the Service

11. Dispute Resolution.

In the event that any dispute arises with respect to our Service, Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Service.

You agree that any cause of action that you may have arising out of or related to the Service must commence within (1) year. You agree that you may bring claims against us only on an individual basis and not as a plaintiff or class action user.

12. Indemnification. 

You agree to indemnify The Compassionate Friends Victoria from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use of the Service; any infringement of a third party’s rights; your device; a breach of a representation or warranty; content posted by you; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, fraudulent, or illegal use of our Service by you; any violation of a law or regulation by you relating to the Service; any accidental or improper disclosure of information; and any violation by you of these Terms or any of our other Policies.

13. Notification. 

By using the Service, you agree that we may provide you with any notices or other communications about the Service electronically: via email (in each case to the address that you provide), online message, or telephone call (in each case to the phone number that you provide).

14. Privacy Policy. 

By using our Service, you agree to the provisions of our Privacy Policy. You further agree that we may disclose Personal Data (as defined in our Privacy Policy) according to our Privacy Policy, as determined by us. Please see our Privacy Policy for more information.

15. Third Parties. 

From time to time, we may engage third parties to assist us in providing certain aspects of the Service. You agree that we may engage such third parties in providing a service to you, as determined by us.

16. Entire Agreement; Modification. 

These Terms together with our Polices any other document referenced herein constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time at our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Service website. You agree that your use of the Service after such notification will constitute acceptance by you of such changes to the Terms.

17. Compliance. 

You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Service. Chat Users use the services at their own volition and are entirely responsible for compliance with applicable law.

18. Feedback. 

We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may email us at siblingcoordinator@tcfv.org.au

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