Terms & Conditions
Last updated August 2022
This Website (the "Website") is owned and operated by Pioneera Group Pty Ltd (ACN 623 994 230). (the "Provider").
The Provider may provide risk management and stress reduction techniques, well-being support, assessment and educational tools and support to users via the Website and other means, including via telephone and other electronic means (the "Services"). However, some use of the Website may not involve receiving Services. These Terms and Conditions cover all scenarios in which users access or use the Website.
Any person accessing the Website or receiving Services – including you – is referred to as a "User" in these Terms and Conditions.
The person, the Provider, engages as a coach to interact with a User is called a "Pioneera Coach".
If Services are supplied to a particular User, it is pursuant to an agreement between the Provider and a third party (usually the User's employer) ("Third Party Agreement"). Should the terms of the Third Party Agreement change, a User may no longer be able to access the Services.
These Terms and Conditions (also "this agreement") are a separate agreement to the relevant Third Party Agreement and cover all scenarios in which a User accesses the Website – whether to receive Services or not. By continuing to access the Website, each User accepts and is personally bound by these Terms and Conditions. This paragraph is subject to the next section (minors).
Entry into these Terms and Conditions is not offered to persons under 18 years of age unless we have received and accepted written consent from a parent or guardian. Accordingly, if the Provider becomes aware that a person under 18 years of age is accessing the Website (or even receiving Services) without having entered into these Terms and conditions, it reserves the right to deactivate that person's profile and delete any information pertaining to that person.
These Terms and Conditions constitute the entire agreement between the User and the Provider in connection with the Website and the Services, superseding any prior agreements between the User and the Provider relating to the User's use of the Website and Services.
The Provider may modify these Terms and Conditions. The Provider will use its best endeavours to notify the User via the User's email address when these Terms and Conditions are modified. If the User accesses the Website or receives Services after a notified modification to these Terms and Conditions, the User will be deemed to have accepted the changes.
The User is responsible for protecting the User's login details. A User who shares their login details with another person is responsible for the other person's actions in their access and use of the Website. The User must notify the Provider immediately if there is any unauthorised use of the User's profile.
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to the intellectual property subsisting in the Website and the Services (as between the Provider and the User) remain with the Provider or its licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to the User by these Terms and Conditions.
Links to other websites are provided for convenience only, and the Provider does not endorse or control the content of those websites.
The Website is as-is and as-available from time to time, and the Provider is under no obligation to maintain or include certain features, functionality or services through the Website. The Provider may modify, suspend or terminate the operation of or access to the Website, the Services, and interrupt the process of the Website or Services, or any portion of them, as necessary to perform maintenance at any time, for any reason and without notice.
USER CONDUCT & CONTENT
When accessing the Website or receiving the Services, the User must (as applicable):
- use the Website and Services as instructed, in an appropriate manner given the nature of the Website and Services and free of the influence of drugs or alcohol;
- give their Pioneera Coach accurate, relevant and timely information;
- complete the post-course questionnaires promptly; and
- ensure their profile information is correct and up-to-date.
The User acknowledges that the User may not obtain the full benefit of the Services if these requirements are not complied with.
A User must not:
- Access the Website or receive or use the Services for non-personal or commercial use;
- copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivate works from any part of the Website or its content;
- cause the Website, in part or in whole, to be framed or embedded in another website;
- commercialise the Services or any content, products or services on the Website; or
- distribute any portion of the Website to any third party or make the Website available to any third party in any way other than in a manner specifically authorised under these Terms and Conditions.
A User who submits content to the Website ("User-Provided Content" ):
- agrees that the Provider may treat the content as not being confidential;
- grants to the Provider a perpetual and irrevocable licence to use, host, and publish the User Provided Content;
- promises that they own any rights in or concerning the User-Provided Content, or they have authorisation from the owner to submit that content; and/or
- must not submit any User Provided Content that is fraudulent, abusive, illegal, obscene, indecent, anti-social, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable.
The Provider may remove any User-Provided Content at its absolute discretion.
The Provider will use its best endeavours to de-identify all User Provided Content before publishing it on the Website.
The Provider is merely a technology platform and is not responsible for the content, accuracy or completeness of that content.
ASSISTANCE OUTSIDE OF THE SERVICES
Suppose in the course of a User's accessing the Web or receiving the Services. In that case, the Provider forms the opinion that a User requires assistance beyond the scope of the Services, the Provider may (but to be clear, is not obliged to) invite the User to contact their General Practitioner, another Medical or Allied Health Professional, their Employer's Employee Assistance Professional or another person within the User's organisation. If the Provider believes that activities are being undertaken that may create a risk to the counterparty under the Third party Agreement relevant to the User (likely to be the User's employer), the Provider may report this to that counterparty. The Provider has no liability whatsoever to the User for or in connection with the Provider's exercising its rights under this paragraph and doing other acts necessary or incidental to that exercise of rights.
CRISIS & EMERGENCY SITUATIONS
Pioneera interventions, tools and support are not a substitute for face-to-face professional assistance, and the interventions are not designed for crisis management. If a User is in distress, they should seek immediate personal help from a medical or mental health professional.
The User acknowledges that the Services are not suitable if:
- they are experiencing an emotional or similar crisis;
- their or another person's safety is at risk; or
- they require urgent medical treatment.
If any one or more of these situations apply or might apply, the User must seek immediate medical advice from an appropriately qualified healthcare professional or contact emergency services.
A User who feels suicidal should immediately phone Lifeline Australia on 13 11 14 or the relevant suicide hotline for the User's country if outside Australia, or contact emergency services.
The Provider has no liability whatsoever to the User for or in connection with the User's mental health or seeking assistance (or failing to seek help) outside of the Website or Services.
The Provider may terminate this agreement or suspend the User's account or supply of the Services to the User at any time without notice if:
- the User is behaving in an aggressive, hostile or inappropriate manner towards an employee of Pioneera;
- the User's employment is terminated;
- the Third Party Agreement relevant to the User is terminated;
- the Provider reasonably believes that the User is using the Website or the Services in bad faith; or
- the User is (otherwise) in breach of these Terms and Conditions
A User may terminate this agreement at any time by providing a written notification to the Provider.
Upon termination of this agreement:
- the User will not be able to receive the Services;
- the User's profile will be deactivated from the Website; and
- subject to applicable law, the User's stored data will be deleted.
To the maximum extent permitted by law, the Provider makes no warranties of any kind, express or implied, about the Website or the Services.
LIMITATION OF LIABILITY
All liability for the Services is provided in the relevant Third-party Agreement and not in these Terms and Conditions. The Provider has no liability to a User for the Services under these terms and conditions.
Without limiting any other exclusion or limitation of liability in this agreement, the Provider's liability to the User:
- is limited to the maximum extent permitted by law, but no further (notwithstanding anything else in these Terms and Conditions);
- is limited to the extent to which the User caused the liability to arise because of their negligence, breach of contract or other unlawful or illegal conduct;
- is further limited to general, direct loss, damage, cost, expense or liability, to the exclusion of special (indirect, incidental, consequential) loss, damage, cost, expense or liability; and
- further limited to resupplying the Services or paying the price of having the Services supplied again.
The paragraphs of this clause are to be read cumulatively to arrive at the lowest liability.
Concerning any exclusion or limitation of liability under these Terms and Conditions, the User releases the Provider, holds the Provider harmless and undertakes not to make any claim against the Provider in respect of any loss or damage suffered by the User for which, under these Terms and Conditions, the Provider is not liable.
Each User indemnifies the Provider, its related bodies corporate, subsidiaries, licensees and assigns, and their respective officers, agents, partners and employees in respect of any claims, loss, damage, or costs (including legal fees on a full indemnity basis) arising from or in connection with:
- any breach or alleged breach by a User of these Terms and Conditions;
- the User's wrongful use of the Website and the Services; or
- any violation by a User of any law or the rights of any third party.
The Provider's failure to exercise or enforce any of its rights under these Terms and Conditions will not constitute a waiver of those rights.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by and construed under the laws applicable in New South Wales, Australia. Both parties agree to submit exclusively to the jurisdiction of the New South Wales, Australia courts, including for the resolution of any dispute arising in respect of these Terms and Conditions, the Website or the Services.