Terms of Use – Beyond Now

Please read the following terms and conditions (Terms of Use) carefully as they govern your use of the Beyond Now mobile application (App). By accessing the App, you agree to these Terms of Use.

Purpose of Beyond Now

Welcome to Beyond Now. You will be asked to click "I accept" before creating a safety plan, by accepting these Terms of Use you agree to be bound by them. If you do not click "I accept", you will not be able to use the App to create a safety plan. We are providing this App on the basis that:

We consider these Terms of Use  to set out the whole agreement between you and us for the supply of the App.

You read and understand these Terms of Use . You will be bound by the Terms of Use once you agree to install the App.

We have the right to revise and amend these Terms of Use from time to time to reflect changes in technology, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

We only supply the App for domestic and private use, and you agree not to use the App for any commercial purpose whatsoever.

How does the App work?

The App stores safety plan information natively on your device. The information entered into the App (such as your safety plan, the names of the people you can connect with or the photos/videos you have uploaded) is not shared with us or any third party.

We also do not collect:

  • your name;
  • contact details; or
  • your IP address.

You may of course choose to email your safety plan to your support people.

App Usage Analytics

We use Google Analytics and Firebase, products provided by Google, to gather App usage information so we can measure visitor numbers and evaluate how people use the App. Google Analytics and Firebase do not identify individual users or associate a device’s IP address with any other data held by Google.

We use reports provided by Google Analytics to help us understand App traffic and App usage in order to improve the App. All the data we collect is aggregated and cannot be used to identify you individually.

The type of information we collect includes:

  • the number of downloads
  • average time spent on various screens
  • whether a user has used the emergency calling feature (but not who they have called)
  • whether a user has entered data into various steps (but not what they have entered)
  • the date and time the App was accessed
  • the type of device from which the App was accessed
  • the location (State or Territory) from which the App was accessed

By using the App, you consent to the processing of information about you by Google in the manner described in Google's Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the Google cookie, disable JavaScript, or use the opt-out service provided by Google.

The App does not use any analytics products provided by Facebook to collect App usage information.

Privacy

These Terms of Use incorporate, and should be read together with, our Privacy Policy.

General disclaimer

To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of this App or websites of other entities which are hyperlinked from this App (Linked Websites).

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Specific warnings and disclaimers

The information contained in this App is provided by us in good faith and on an 'as is' basis. The information is believed to be accurate and current as at the date the information was placed in this App. We make no representation or warranty that your use of this App will be uninterrupted or error free. You should not act on the basis of anything contained in this App without first obtaining professional advice specific to your circumstances. You must make your own assessment of the information contained in this App and, if you choose to rely on it, it is wholly at your own risk.

We are not liable to you or anyone else if interference with or damage to your device occurs in connection with your use of this App or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this App is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your device.

We may, from time to time, change or add to this App without notice. However, we do not undertake to keep this App updated and we will not be liable to you or anyone else if errors occur in the information in this App or if that information is not up-to-date.

To the extent permitted by applicable law, all implied conditions, representations, warranties and other terms are excluded.

Your use of this App

As a condition of your use of the App, you warrant to us that you will not use this App for any purpose that prohibited by these Terms of Use. In particular, you agree not to:

  • use this App to defame, abuse, harass, stalk, threaten or otherwise offend any person;
  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the App;
  • impersonate any other person or entity;
  • upload, post, email, transmit or otherwise make available using the App any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs 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 this App in your jurisdiction.

Copyright

Unless otherwise acknowledged, all material in this App, including text, graphics, information architecture and coding (but excluding your safety plan), is our property. All copyright is reserved.

You are provided with access to this App and may download, store in cache, display or print the information or material stored in this App (in its unaltered form) and for your personal and non-commercial use only.

Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this App; or
  • commercialise any information, products or services obtained from any part of this App, without our written permission.

If you wish to make any other use of the material in this App, you must obtain our permission before doing so. To ask for permission or for further information, please contact us.

Trademarks

All trade names, trade marks, service marks and other product and service names and logos (Marks) displayed in this App are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used in this App with permission of the relevant owner.

The following Marks displayed in this App are our registered trade marks: Beyond Blue and the butterfly device. Nothing contained in this App should be construed as granting any licence or right of use of any Mark which is displayed in this App without the express written permission of the relevant owner.

If you use any of our Marks to refer to our activities, products or services, you must include a statement attributing that Mark to us. You must not use any of our Marks:

  • in or as the whole or part of your own Marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including this App).

Linked Websites

This App may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Website that is not our own.

Unless specifically stated, the inclusion of a Linked Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Website, or for any information, product or service referred to on the Linked Website.

Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms of Use.

We are not responsible for the privacy practices of any third party social media or other service providers that you can access through this App.

General

We may change these Terms of Use at any time and any amendment will be effective immediately. Your continued use of the App after any amendment constitutes an agreement by you to comply with, and be bound by, the amended Terms of Use.

These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this App.

Contact us

Please visit our contact us page.