Before Blue™ Terms of Use
The Before Blue™ Service combines personalised coaching with evidence-based methods and a resource library to deliver better mental health outcomes to Australian employees. Before Blue™ is a service of Beyond Blue.
Before Blue™ is provided online in the form of video appointments via a digital platform, and is complemented by multimedia resources, with links sent via email and SMS.
The digital platform is provided by health records software provider Medical Management Systems Limited (trading as Meddbase), an ISO27001 accredited provider.
Your use of Before Blue™ is subject to the Terms of Use below, which contain important information (including warranty disclaimers and limitations of liability). Your use of Before Blue™ constitutes acceptance of these Terms of Use.
In these Terms of Use, references to Beyond Blue are references to Beyond Blue Limited ACN 093 865 840 and references to Meddbase are references to Medical Management Systems Limited (trading as Meddbase) registered in England under company number 5272668.
1. Information is of a general nature only and no warranties are provided
The information provided during your interaction(s) with the Before Blue™ service is for general information purposes only and it should not be regarded as legal or medical advice. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Beyond Blue does not give any express or implied warranties and makes no representations in relation to the Before Blue™ service. Information obtained from the Before Blue service should not be used without you making and relying on your own assessment of the information and its appropriateness to your circumstances, including by obtaining professional advice where it is prudent to do so.
2. Viruses
In addition, subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), and while all care is taken to ensure a virus free and private environment, Meddbase and Beyond Blue do not warrant that the Before Blue™ digital platform is free from any computer viruses or other defects.
3. Limitation of liability
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Beyond Blue excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms of Use or the Before Blue™ service.
4. Access and communication
Beyond Blue does not warrant that you will have continuous access to the Before Blue™ service. Beyond Blue will not be liable in the event that the Before Blue™ service is not available to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities digital platform. The service will also not be available to you if your employer’s contract with Beyond Blue for the delivery of the service is terminated or otherwise comes to an end.
You are solely responsible for any activity occurring on your log-in. You must keep your account details secret and secure, including login and password details. If you suspect unauthorised use of your log-in or that your password is no longer secure, you must notify Beyond Blue immediately.
5. Information you provide and Privacy
You agree to provide accurate and complete information about yourself and to keep this information updated when interacting with the Before Blue™ service.
Any personal information that you submit to the Before Blue™ service is subject to and will be handled in accordance with the Beyond Blue Privacy Policy and the Privacy Collection Statement. The Privacy Policy and Privacy Collection Statement form part of these Terms of Use.
The Privacy Policy and Privacy Collection Statement are available through the Beyond Blue website.
6. Privacy and third-party providers
Beyond Blue does not guarantee the delivery of electronic communications as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Beyond Blue does not guarantee the security or confidentiality of these communications or the security of the Before Blue™ service. Meddbase and Beyond Blue do not provide, and have no control over, communication networks or services, the internet or other technology used or required to access the Before Blue™ service and accept no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
7. Cookies
If your web browser is set up to accept cookies, a cookie will be stored on your system when you visit the Before Blue™ service online. Cookies allow Meddbase to distinguish unique visitors and control the flow of pages within the site. Your activity on this site will be logged, which will include the IP address(es) of your system (numbers assigned to your computer system or location when you connect via an Internet Service Provider). If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to properly use the Before Blue™ service.
8. Intellectual property
All intellectual property rights, including copyright and trade marks in and relating to the Before Blue™ service, and all components of and materials made available through this service, are owned by or licensed to Beyond Blue. You must not copy, modify or transmit any part of the Before Blue™ service or any materials found thereon.
9. Prohibited uses
In using the Before Blue™ service, you must not, as applicable:
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate (including any material that infringes intellectual property rights);
- use any automated scripting tools or software;
- engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, data mine or use robots or other data collection methods;
- impersonate or falsely claim to represent a person or organisation;
- send unsolicited emails or spam;
- post, link to, distribute or transmit any information, material or item which contains a virus, Trojan horse, worm or other harmful or disruptive component designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
- breach any laws or regulations which are applicable to your use of the service in your jurisdiction.
10. Termination
Meddbase and Beyond Blue may at any time immediately terminate your access (including restricting access) to the Before Blue™ service (including due to your breach or alleged breach of these Terms of Use) in their sole discretion and without prior notice. Any limitations on Beyond Blue’s liability shall survive such termination.
11. Jurisdiction and law
These Terms of Use are governed by and must be construed in accordance with the laws of Victoria, Australia. Beyond Blue and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there in respect of all matters arising out of or relating to these Terms of Use, their performance and subject matter.
12. Severability
Each provision of these Terms of Use is severable from the others and severance of a provision will not affect any other provision.
13. Changes to the Before Blue™ service
The Before Blue ™service is subject to change at any time without notice and may contain errors. Beyond Blue may from time to time review and update these Terms of Use to take account of new laws, regulations, products or technology. Your use of the Before Blue™ service will be governed by the most recent Terms of Use. By continuing to use the Before Blue™ service, you agree to be bound by the then most recent Terms of Use.
14. Contacting Beyond Blue
If you have questions about the Before Blue™ Service, these Terms of Use or Beyond Blue’s Privacy Policy or Privacy Collection Statement, please contact Beyond Blue: Privacy@beyondblue.org.au.
Date of last update: September 2024
