Terms and Conditions - Online Counselling Services
This page contains:
Find out more about 1800RESPECT telephone and online counselling service.
Medibank Health Solutions has been engaged by the Department of Families, Housing, Community Services and Indigenous Affairs to provide these counselling services and Medibank Health Solutions has sub-contracted the provision of these counselling services to the NSW RCC as the NSW RCC is a specialist organisation with expertise in delivering counselling in the areas of domestic violence and sexual assault.
As part of this engagement, the NSW RCC provides online counselling services (Online Counselling Services) via the 1800RESPECT website (Counselling Website). The NSW RCC also provides counselling services as part of the 1800RESPECT program by telephone.
The use of the Online Counselling Services by a person (you) is subject to these terms of service. These terms of service contain important information, including warranty disclaimers and limitations of liability. Your use of the Online Counselling Services constitutes acceptance of these terms of service.
1. Information of a general nature only and no warranties provided
The information provided during the Online Counselling Services is for general information purposes only. The information provided during the Online Counselling Services is not and should not be regarded as advice, including legal or medical advice.
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), the NSW RCC and Medibank Health Solutions do not give any express or implied warranties and makes no representations in relation to the Online Counselling Services or the Counselling Website. Information on the Counselling Website and from the Online Counselling Services should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.
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 the NSW RCC and Medibank Health Solutions do not warrant that the Counselling Website itself is free from any computer viruses or other defects or that your access to the Online Counselling Services via the Counselling Website will be continuous or uninterrupted.
2. Limitation of liability
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), the NSW RCC and Medibank Health Solutions exclude all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these terms, the Counselling Website, the content of the Counselling Website and the Online Counselling Services.
3. Access and communication
The NSW RCC and Medibank Health Solutions do not warrant that you will have continuous access to the Online Counselling Services. The NSW RCC and Medibank Health Solutions will not be liable in the event that the Counselling Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. You are reminded that if the Online Counselling Services are unavailable, you may access counselling services by telephone on 1800RESPECT (1800 737 732).
The NSW RCC and Medibank Health Solutions do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and the NSW RCC and Medibank Health Solutions do not guarantee the security or confidentiality of these communications or the security of the Counselling Website. The NSW RCC and Medibank Health Solutions do not provide, and have no control over, communication, networks or services, the internet or other technology used or required to access the Counselling Website 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.
View our Collection Statement below.
If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit the Counselling Website. Cookies allow the NSW RCC to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with 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 Online Counselling Services
6. Intellectual property
All intellectual property rights, including copyright and patents, in the Counselling Website, the NSW RCC's and Medibank Health Solutions's goods and services, and all components of them are owned or licensed by the NSW RCC or Medibank Health Solutions. You must not copy, modify or transmit any part of the Online Counselling Services.
This website contains trade marks, logos, service names, trade names of the NSW RCC or Medibank Health Solutions or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Counselling Website without our consent.
7. Website licence
The NSW RCC grants you a non-exclusive and non-transferable licence to use the information on the Counselling Website for your own personal use subject to the restrictions specified in clause 8. You may not download (other than page caching) or modify the Counselling Website or any portion of the Counselling Website.
8. Prohibited uses
In using the Online Counselling Services you must not:
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;
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Online Counselling Services in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;or
post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
The NSW RCC or Medibank Health Solutions may at any time immediately terminate your access (including restricting access) to the Counselling Website or any feature of the Counselling Website for any reason (including due to your breach or alleged breach of these terms of service) in its sole discretion and without prior notice. Any limitations of our liability survive such termination.
10. Jurisdiction and law
These terms of service are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms of service, their performance and subject matter.
Each provision of these terms of service is severable from the others and severance of a provision will not affect any other provision.
12. Changes to the Online Counselling Services and Counselling Website
The Counselling Website is subject to change at any time without notice and may contain errors.
The NSW RCC may from time to time review and update these terms of service to take account of new laws, regulations, products or technology. Your use of the Online Counselling Services will be governed by the most recent terms of service posted on the Counselling Website. By continuing to use the Online Counselling Services, you agree to be bound by the most recent terms of service.
13. Contacting us
Personal Information Collection Statement for 1800RESPECT Online Counselling
The NSW Rape Crisis Centre (NSW RCC) has been engaged by Medibank Health Solutions Telehealth Pty Ltd to provide counselling to those who are at risk of or have experienced domestic violence and sexual assault. Medibank Health Solutions has been engaged by the Department of Families, Housing, Community Services and Indigenous Affairs to provide these counselling services and Medibank Health Solutions has sub-contracted the provision of these counselling services to the NSW RCC as the NSW RCC is a specialist organisation with expertise in delivering counselling in the areas of domestic violence and sexual assault. The counselling services provided by the NSW RCC include the online counselling services available on this website (Online Counselling Services).
The NSW RCC (which may be referred to as "we" or "our" in this collection statement) complies with the Privacy Act 1988 (Cth) to ensure that your personal information is protected.
Personal information is information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. It includes your name, age and gender, as well as your sensitive information (which includes health information and ethnic origin).
Collection, Use and Disclosure of Your Personal Information
We will only collect and use your personal information to provide you with the Online Counselling Services, including to:
provide you with information and referrals;
manage our ongoing relationship with you (including if you contact the 1800RESPECT telephone counselling service provided by us);
resolve any legal and/or consumer complaints or issues; and
comply with our legal obligations to report a risk of harm to you or another person.
We will only collect your personal information directly from you, or a person authorised by you to provide this information on your behalf In order to carry out the purposes listed above, we may disclose your personal information to persons or organisations such as:
other parties who we refer you to for further assistance such as a local counsellor. We will only provide your personal information to these people with your express consent; and other parties to whom we are authorised or required by law to disclose such information, such as government authorities or emergency services.
We will need to disclose your personal information to the relevant authority if we become aware that:
there is a child or young person at risk of harm. This includes physical, sexual, emotional, psychological abuse or neglect; or
there is a serious risk of harm to you or another adult person
We will always seek to inform you that we plan to take this action.
In these situations, we will need to disclose your personal information to the relevant authority, which may include community services or emergency services such as the police, ambulance, child protection or mental health services.
You will have the option of using the Online Counselling Services anonymously if you wish. However, if you do not provide the personal information requested of you to us, we may not be able to provide you with all of the advice and referrals that we would otherwise be able to.
Your IP Address
The NSW RCC may collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider). If we are concerned that there is a child or young person at risk of harm or there is a serious risk of harm to you or another adult person, we may provide your IP address to the police.
Access to Your Information and Contacting Us
The NSW RCC will allow you to access and correct personal information we hold about you, as required by law. We may refuse to provide you with access to your personal information if, amongst other things, there may be a risk of harm to health, life or safety as a result of making the information available. Alternatively, we may arrange for you to review your files in the company of a counsellor or other safe place. If you have any queries about how the NSW RCC handles your personal information, or would like to request access to that information, please contact the Clinical Manager, NSW RCC on 02 9819 7216 or P.O. Box 555 Drummoyne 2047 or email@example.com