Terms & Conditions

GRIFFITH UNIVERSITY

Terms & Conditions for Use of RealWell resources

RealWell resources available to authorised users through RealWell website include and are not limited to Rumble’s Quest, PEEM/Parents Voice and Pathfinder. RealWell resources have been developed by researchers at, and are made available under licence from Griffith University (ABN 78 106 094 461), a body corporate established pursuant to the Griffith University Act 1998, of 170 Kessels Road, Nathan in the State of Queensland. Griffith University wishes to acknowledge development of RealWell resources has been made possible through funding received from the Australian Research Council and other partners.
Griffith University has used reasonable care and skill in developing RealWell resources for the purpose of measuring and supporting child wellbeing. HOWEVER it does not guarantee, represent or warrant You and Your listed primary account holder or secondary account holder(s) will obtain a particular result from RealWell resources or that RealWell will provide any advice on the management of child wellbeing.
Application to use RealWell resources must be made by a person over the age of 18 years, who is duly authorised to bind the applicant to these terms and conditions. The applicant is referred to as “You” or “Your”.
Griffith University may in its sole discretion accept or decline an application to use RealWell resources. If Your application is accepted by Griffith University Your use of RealWell resources is subject to these terms and conditions. You may not cancel Your application after it is accepted by Griffith University. If Your application is accepted, Griffith University will:
1. send direct to Your listed primary account holder a username, valid for the period specified in the application, which is password protected and which will give the listed primary account holder access to use RealWell resources for that period;
2. send direct to each of Your listed secondary account holder(s) a username, valid for the period specified in the application, which is password protected and which will give the listed secondary account holder(s) access to use RealWell resources for that period.
You warrant the listed primary account holder and secondary account holder(s) are duly authorised by You to use RealWell resources and are aged 18 years or over.
In consideration of payment of the non-refundable licence fee specified in the application, Griffith grants to You a non-exclusive, non-transferable right to use RealWell resources for the specified period in the application.
If not terminated sooner under clause 26, Your right to use RealWell resources will end upon expiration of the period specified in the application. Griffith University may provide You with a renewal notice prior to the expiry date. You must make a new application at the end of the existing period to continue use of RealWell resources. Griffith University reserves its right to accept or decline any application.
Griffith University may amend these terms and conditions from time to time without notification HOWEVER, prior notification of any significant amendments will be sent direct to the listed primary account holder. You are solely responsible for ensuring the listed primary account holder and secondary account holder(s) understand and comply with these terms and conditions including any amendments.
You are responsible to ensure the listed primary account holder and secondary account holder(s) use RealWell resources including the outputs generated from such use, in compliance with all relevant privacy laws.
You accept full responsibility for any breach of these terms and conditions by You and Your personnel (which includes the listed primary account holder and secondary account holder(s)) and all acts and omissions of such persons arising out of their use of RealWell resources including the outputs generated from such use.
You are solely responsible for ensuring the name and contact details of Your listed primary account holder and secondary account holder(s) remain accurate at all times.
Griffith University accepts NO responsibility for any unauthorised use of RealWell resources by Your personnel (including the listed primary account holder or secondary account holder(s)).
You must notify Griffith University immediately if You know of any actual or threatened, unauthorised breach of use of Your account, or any other RealWell resource security breach.
RealWell resources including but not limited to the measurement tools, content, graphics, user interface, audio clips, video clips and software used to implement the resources is proprietary information and material, owned or licensed by Griffith University and is protected by applicable intellectual property and other laws, including but not limited to copyright.
You must not permit any person using RealWell resources to enter data into RealWell resources without You first obtaining their consent for Griffith University to access de-identified data for various tasks including (a) preparation of statistical norms and (b) comparison of aggregates with national and international benchmarks.
Ownership of the reports generated through Your use of RealWell resources vest in You. This clause survives termination.
Griffith University may at any time at its sole discretion update, vary or withdraw existing features or add new features to RealWell resources.
Technical support for RealWell resources will be limited to the service specified on the RealWell website support page and at the sole discretion of Griffith University its availability to You may be suspended or terminated if You seek technical support in a manner considered by Griffith University to be excessive, abusive or fraudulent.
You must not:
1. purport to assign, transfer or sub-licence the rights granted to You under these terms and conditions;
2. reverse engineer, decompile or disassemble RealWell resources including the outputs generated or use the same to create anything which could be used to reproduce or reverse engineer RealWell resources including the outputs generated;
3. remove, obscure or in any way alter any copyright, proprietary or trademark notice or any notice acknowledging contributions to RealWell resources including the outputs generated;
4. copy, reproduce or convert the outputs generated from use of RealWell resources into any form other than the form in which they are produced except as reasonably necessary for Your own non-commercial purposes.
There may be external websites linked to RealWell resources. Griffith University does not endorse or accept any responsibility for the contents of any external websites linked to RealWell resources.
To the extent permitted by law, Griffith University is excluded from all liability for any loss or damage arising from the use of, or reliance on, any information contained in RealWell resources whether or not caused by negligent act or omission, including each and all of the following: (i) liability for loss or profit, revenue, goodwill, data, business opportunities, anticipated savings and damage to reputation; (ii) any liability which was not reasonably foreseeable; (iii) liability for any indirect or consequential loss. If the law prohibits the exclusion of such liability, Griffith University limits its liability to the extent permitted by law to the re-supply (or the cost of re-supply) of RealWell resources.
In the event You evaluate the output generated from RealWell resources as raising child wellbeing concerns or a risk of child health or safety, You must comply with Your existing policies and procedures and any legislative requirements governing such matters.
Griffith University will endeavour to ensure RealWell resources are continuously available for authorised use HOWEVER there may be occasions beyond the control of Griffith University or for reasons of maintenance or upgrades RealWell resources or any part of them may not be available from time to time.
Griffith University does not represent or guarantee RealWell resources will be free from viruses, corruption, interference, attack, hacking or other security intrusion and is not responsible for examining or evaluating the accuracy of any information submitted by You, and You release Griffith University from any liability arising from such causes.
The nature of RealWell resources means You, Your listed primary account holder and secondary account holder(s) will obtain, store, use or disclose Personal Information as defined in the Information Privacy Act (Qld) (basically information about an identifiable individual) and You must deal with the Personal Information in accordance with the following principles:
1. If You are an “agency” under the Information Privacy Act (Qld), comply with those parts of the Information Privacy Act (Qld) which are applicable to an agency;
2. Otherwise comply with the Australian Privacy Principles in the Privacy Act;
3. You remain responsible for Your use of the Personal Information;
4. No Personal Information of a participant involved in Your use of RealWell is to be provided to Griffith University. ; and
5. Griffith University may use de-identified information collected through Your use of RealWell resources to facilitate the mechanics of the reporting functions that rely on the availability of population norms as a benchmark for performance.
Griffith University may assign, transfer or sub-contract any of its rights or obligations under these terms and conditions to any third party at its sole discretion without notice.
Griffith University shall be entitled to terminate Your use of RealWell resources automatically if:
1. (i) You cease business;
2. (ii) You breach any of these terms and conditions and:
  1. (a) the breach cannot be remedied; or
  2. (b) the breach can be remedied by You but You have not remedied the breach within 30 days of receiving notice of the breach from Griffith University; or
3. (iii) in its absolute discretion by giving at least 30 days’ written notice to You.
These terms and conditions shall be governed and construed in accordance with the laws of the State of Queensland, Australia and You submit to the exclusive jurisdiction of the Courts of Queensland and Australia.
No court proceedings will be brought relating to these terms and conditions (except for interlocutory proceedings) without first attempting to resolve the dispute by negotiation.
These terms and conditions set out all rights and obligations of Griffith University and You relating to use of RealWell resources and replaces all earlier representations, statements, agreements and understandings except as stated otherwise in these terms and conditions.
If any of these terms and conditions is invalid, unlawful or unenforceable, the invalid, unlawful or unenforceable part of these terms and conditions will not apply but the other parts of these terms and conditions will not be affected.
Any notice or other communication between Griffith University and You provided by email will be regarded as given by the sender and received by the addressee when a delivery confirmation report is received by the sender which records the time that the email was delivered to the addressee’s email address (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee).