Daybreak Community Guidelines and T&Cs

Community guidelines

The Community Guidelines are designed to create a safe, anonymous, supportive community forum.

 

✓ Please do:

  • Get involved! A good way to start is to share your mood and support anyone whose posts you find useful.
  • Respect other people’s beliefs, opinions and personal experiences. Be non-judgmental and don’t make assumptions.
  • Be yourself but stay anonymous. Don’t post your full name or identifying information and don’t pretend to be another person.
  • Keep your log in details secure.
  • Report content. Please tell us if there’s content that may be causing a problem. Also use the report button if you are worried about someone.
  • Be considerate that content you post may be harmful or triggering to others.
  • If you are experiencing a crisis, it is important you contact your local emergency services. We do not monitor the Community Forum or Health Coaching requests on a 24 hours/7 days per week basis, so it is critical to your safety that you do not wait for us to respond.
  • If you live in Australia, please call 000 if you (or anyone else) are in immediate risk of harm. If you live elsewhere, please contact your local emergency services.
  • All members must respect the privacy and confidentiality of other members by not sharing content from Daybreak outside of the community. This includes capturing screenshots or taking photos of your peer-to-peer feed and copying and sharing people’s messages outside of Daybreak.

 

✘ Please don’t:

  • Post any inappropriate, obscene, offensive or provocative content.
  • Break the law in any way, and don’t encourage others to break the law.
  • Post with commercial interests in mind or to promote any specific religion or political ideology.
  • Provide professional advice such as legal, medical, financial or other advice which is harmful and illegal.
  • Post or behave in a way that interferes with Daybreak (whether on the App or Website) or disregard App controls or directions from Hello Sunday Morning staff.

 

How to post safely in the community

We want you to feel comfortable to talk openly in the community about difficult experiences, but we want to encourage you to do this in a way that meets your needs, as well as protects vulnerable members of our community. To help with this, we have put together a few guidelines that may help you to talk about your experiences safely in the community.

  • Think about what it is you need. If you are experiencing suicidal thoughts and feelings and are looking for immediate support, there may be more appropriate places to receive this, such as a crisis support service. To access these, click here.
  • Post a content or trigger warning. This can be written at the beginning of your post. If possible, write the body of your message in the comments section underneath your trigger warning. This will give other vulnerable members the opportunity to make an informed decision before reading your post.
  • If possible, let others know that you are safe or that you have a safety plan. It’s ok not to be ok, but it can be helpful for other members to know that you have steps in place to keep yourself safe if you’re experiencing suicidal thoughts or feelings. This might include letting members know that you have crisis support numbers handy and plan to contact them if things get worse for you, or that you have a close friend or family member who can help you.
  • Keep your comments turned on. It can be distressing when a member shares suicidal thoughts or feelings but then turns their comments off so that other members cannot provide support to them. Posts of this nature may be removed by our community moderators.
  • Avoid posting specific details. Shares that provide details about a suicide or suicide attempt, including information about methods, the location of a suicide, or locations where suicide attempts may have happened will be removed by our community moderators.
 

Self-care for members

Communicating online with a diverse group of people can be challenging. Sometimes we struggle to convey what we mean through the written word, or others might misinterpret what was written. Many factors contribute to these communication breakdowns: how we are feeling on the day, our personal experiences and backgrounds, our culture —the list goes on. It’s inevitable that at some stage, we will unintentionally offend or trigger someone in the community with what we’ve written, or feel that way ourselves. 

The important thing is to be aware when this is happening so that you can take steps towards supporting yourself. This might include taking a short break from the Daybreak community, checking in with those people you know are most helpful for you at times when you are distressed, such as close friends, support workers, carers, your doctor, psychologist and/or family to talk about your experience, or getting in touch with the Daybreak Care Navigators through the app (click the heart in hand icon at the bottom of your screen) so that we can support you.

 

Daybreak Member Terms and Conditions (Website and mobile app)

These Terms of Use govern your use of Daybreak through the website at www.daybreakprogram.org (‘the Website’) and the mobile app (‘the App’) which are owned and operated by Hello Sunday Morning (ABN 82 145 512 125) (‘HSM’). By accessing and using the Website or by clicking ‘I Accept’ when signing up for a user account on the Website or the App, you agree to be bound by, and responsible for complying with, these Terms of Use. We may change these Terms of Use from time to time. Your use of the Website and the App following any such change to the Terms of Use will confirm your acceptance of the changes.

 

User account

You must be eighteen (18) years of age or over to create a user account on the Website or the App. You cannot create a user account for anyone other than yourself. You cannot create more than one user account.

You must provide complete and accurate information when creating a user account. You cannot use another person’s account and must immediately notify us of unauthorised use of your account. We reserve the right to disclose your identity or other information you provide when establishing an account if required by law to do so. You remain responsible for maintaining the confidentiality of your password and user name.


Payments & refunds

Paid subscriptions of the App can be purchased via an in App purchase on either the App Store or Google Play store. A paid subscription will give you access to the App for the selected period (1 month or 12 months) following a two week trial period. Your subscription will auto-renew at the end of the subscription period.

When you register for a paid subscription, trial, or code online, you consent to access the App immediately. If you register for a paid subscription or code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (‘the Cooling-off Period’). Refunds will not be provided if you have accessed the App at any time during the Cooling-off Period. If you wish to receive a full refund of all monies paid before the Cooling-off Period elapses, you must notify us in writing at support@daybreakprogram.org.

If you purchase your App subscription through the iTunes store or the Google Play store, any request for a refund will be subject to the iTunes or Google Play Terms of Service and will therefore not be refundable by us.

HSM may change the price of the paid subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. If you do not agree with the price change, you have the right to reject the change by unsubscribing from the App prior to the price change taking effect.

 

Content

HSM owns all right, title and interest (including present and future copyright) in the Website and the App. All material on the Website and the App such as articles, written materials, names, trademarks, images, photographs, designs, illustrations, and logos (‘Content’) are owned by, or licensed to, us (unless expressly indicated otherwise). You are granted a non-exclusive, non-transferable licence to use the Website and the App and access the Content in the manner set out in these Terms of Use.

You may use the Website and the App and access the Content only for your personal and non-commercial use. Nothing in these Terms of Use or on the Website or App will grant you ownership of the Content (or any intellectual property rights in it). You may not sell, modify, copy, distribute, display, communicate or otherwise use the Content unless we have expressly authorised you to do so in writing. You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website, the App or the Content in any way.

HSM monitors the posts on the Website and the App on a regular basis.

You are not permitted to post any material on the Website or the App which:

  • is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
  • infringes on the copyright or any other proprietary right of a third party;
  • is intended to advertise to or solicit others without our express permission;
  • constitutes charity solicitations, chain letters or pyramid schemes;
  • contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;
  • interferes with or disrupts networks connected to the Website or the App, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks); or
  • attempts to gain unauthorized access to restricted areas of the Website or the App, other accounts, computer systems or networks connected to the Website or the App, through password mining or any other means.
 

Your Responsibilities

You may only use the Website and the App for lawful purposes, in a responsible and cooperative manner, and in accordance with these Terms of Use. You may not use the Website or the App for:

  • collecting users’ content or information, or otherwise accessing the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  • soliciting information or accessing an account belonging to someone else;
  • bullying, intimidating or harassing another Website or App user;
  • sending or otherwise posting unauthorised commercial communications (such as spam) on the thread;
  • submitting material that is illegal, false, misleading or deceptive, abusive, sexually explicit, contains nudity or graphic / gratuitous violent, defamatory, obscene or otherwise objectionable or invasive of another’s right of privacy or which belong to someone else or are copied from someone or somewhere else;
  • submitting material that contains a virus or corrupted data;
  • using any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website or the App;
  • attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website, the App or the Content or for the purpose of creating derivative works from the Website or the App;
  • providing false information on the App; or
  • interfering with another user’s use and enjoyment of the Website or the App.

If HSM considers you in breach of any of these responsibilities or Terms of Use, your account will be closed and no refund will be issued.

 

Links

The Website or the App may contain links or other connections to websites operated by parties other than us (‘Links’). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Our inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. The views or recommendations provided in these Links do not necessarily reflect those of HSM.

Information we collect about you; your usage of DAYBREAK; Disclosure to third parties & rights to access are set out in the DAYBREAK Privacy Policy.

 

Referral Services

In developing a Personal Care Plan with you, Care Navigators may identify services that might be helpful for you. However the Care Navigator and HSM are not responsible for the quality of those external services and it is not compulsory for you to engage with those services.  If you decide to engage with any service, it is up to you to assess the risks involved for you in your particular circumstances. 

 

Modifications, Termination, Interruption and Disruptions to the Website or the App

You confirm and acknowledge that HSM may modify, suspend, disrupt or discontinue any part of the Website or the use of the App, whether to all users or to you specifically, at any time with or without notice. You agree and acknowledge that HSM will not be liable for any of the actions set out above or for any loss or damage that is caused by any of the actions set out above.

The Website and the App technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and / or operated by our contractors and suppliers. HSM does not guarantee that the Website or the App will be uninterrupted or that it will be secure, consistent, timely or error-free.

 

Disclaimer and Limitation of Liability

To the fullest extent permitted by law, HSM excludes all conditions and warranties (express and implied) of any kind in relation to DAYBREAK (the Website, the App, the services and the Content). Under no circumstances (including without limitation, any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, or any inability to use or access to DAYBREAK ( the Website, the App or any Content). Certain laws may not allow the exclusion of some conditions and warranties, in which case some of the above exclusions may not apply to you.

DAYBREAK (the Website and the App) are not intended to be used for medical diagnosis or drug prescription or advice concerning which drugs or treatment may be appropriate for you. Although services which may be helpful to you may be identified by Care Navigators if  you collaborate with them to prepare a Personal Care Plan.  You are under no compulsion to implement the Personal Care Plan and engage with the identified services.

You agree, confirm and acknowledge that you are aware that HSM’s Care Navigation service is not a complete substitute for a face-to-face session by a registered health practitioner. You should never rely on or make health or well-being decisions purely based on use of DAYBREAK (the Website or the App). Never disregard, avoid, or delay obtaining medical or psychological advice from your registered health practitioner because of information or advice you receive through DAYBREAK (the Website or the App).

You agree that HSM and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of DAYBREAK (the Website or the App). In no event will HSM or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the Content, the Website, the App or any other information obtained through the Website or the App, even if HSM, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

 

Indemnity

You agree to indemnify HSM and our officers, directors, employees, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

 

Termination

HSM may (in our sole discretion and without prior notice to you) terminate your licence to access the Website, the App and the Content if:

(a) you breach or fail to comply with these Terms of Use; or

(b) we believe HSM’s Care Navigation service is not appropriate for you.

 

Applicable Law

The Website and the App are controlled from our offices in New South Wales. These Terms of Use will be governed by and construed in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.  HSM reserves the right to update these terms and conditions. These terms apply from 23 August 2020.

 

Contact

If you have any questions or concerns regarding these Terms of Use please contact us at support@daybreakprogram.org.

This policy applies from August 23rd.

 

 

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