T&Cs

Thank you for visiting the Puka Up website. This Website has been developed to create environments for every person to be able to talk openly and honestly about mental health, emotional well-being and suicide prevention without fear or judgement.

Please read the following terms and conditions carefully.  By accessing this site you are deemed to have read and are bound to the unconditional acceptance and compliance with the Terms of Use set out below.

The Puka Up website (the “Site”) is provided by Puka Up Pty Ltd (“us” or “Puka Up”).  General viewing of the Site is subject to acceptance of the following terms of use (“Terms of Use”). Please read these Terms of Use carefully. By continuing to use the Site and related microsites, and the continued use of Puka Up’s social media channels (including but not limited to Facebook, Twitter, Instagram, LinkedIn and YouTube) you (“you”, with references to “your” as applicable) agree that you have accepted these Terms of Use. For clarity, any of our related microsites will be accessible from the Site by a hyperlink, and the microsites will also contain a link to this Policy. Users who access the Site are referred to as “users” throughout these Terms of Use.

To that end, we provide information to the public and professionals that is accessible, current at the time of posting and reliable; however, Puka Up makes no representations or warranties regarding the accuracy, quality, completeness, timeliness, appropriateness or sustainability of the Content (as defined below). Puka Up assumes no obligation to update the Content or advise on further developments concerning the topics mentioned in the Content. You acknowledge that the Site, the Content, and each website service are provided on an “AS IS” basis; and that any use of or reliance on this Site or any Content shall be at your sole risk.

Puka Up reserves the right in its sole discretion to add, remove, modify or otherwise change the Terms of Use at any time. Your continued use of the Site following the posting of any such changes will mean you accept the changes. If any change to the Terms is unacceptable to you, you should cease using the Site. In addition, Puka Up reserves the right, in its sole discretion, to add, remove or modify any Content on this Site. We also reserve the right, in our sole discretion, to correct any errors or omissions to any part of the Site but have no duty to do so, and the Terms shall apply to any such changed version of the Site.

Ownership and Permitted Use

Puka Up owns all of the copyright in all of the content provided on this Site, including its postings, messages, text, graphics, images, and other material contained on the Site (the “Content”) unless otherwise specifically noted. Your use of the Site does not transfer to you any ownership or other rights in the Site or its Content. Users of the Site are granted a limited non-exclusive, non-transferable license to use (display or print) the Content for lawful, personal non-commercial use only, provided the Content is not modified, and all copyright and other proprietary notices are retained. You may not otherwise copy, publish, reproduce, modify, upload, post, transmit or distribute any of the Content in any manner or form without the prior consent of an authorized representative of Puka Up. Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of Puka Up or other entities. No rights are granted to Users of this Site in or to such trademarks, service marks or trade names.

“Use” of the Site collectively includes:

  • visiting or using the Site including without limitation to use, access, or download, text, data, images, PDFs, videos, learning modules, newsletters, articles, illustrations, animations, games, views, opinions or other materials, including materials submitted by you or other users
  • visiting or using the Site including without limitation to submit, post or upload your images, text, data, illustrations, animations or other Submitted Content to the Site.

User Conduct

You acknowledge that all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content submitted by any user including yourself, whether publicly or privately posted, emailed, transmitted, uploaded or otherwise submitted to us via this Site or one of our social media channels (collectively “Submitted Content”) is the sole responsibility of the person from which such content originated. You acknowledge and agree that you are entirely responsible for all of your Submitted Content that you post, email, transmit, upload or otherwise submit via this Site and/or pursuant to the services we make available via this site (the “Services”), including without limitation the accuracy of the Submitted Content. We do not control the Submitted Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Submitted Content. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any use of any Submitted Content, including but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed, transmitted, uploaded or otherwise submitted via a Service.

Please be aware that what is posted online can remain online for many years to come. Puka Up may use public comments posted on the Site or otherwise posted on Puka Up public social media pages. We encourage you to exercise caution when speaking about your mental health. Please do not disclose personal information such as medical records, your location, financial information, etc.

The views and opinions expressed on Puka Up’s social media pages reflect the thoughts of the online users and not necessarily those of Puka Up.

You agree not to post, email, transmit, upload or otherwise submit any Submitted Content that:

  • is offensive as determined by Puka Up, in our sole discretion, including, without limitation, content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • harasses or advocates harassment of or harm to another person
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
  • promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
  • displays pornographic or sexually explicit material of any kind
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users
  • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information)
  • engages in commercial activities and/or sales, such as contests, lotteries, barter, advertising, and pyramid schemes, without our prior written consent
  • contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete, damage or disable the Content, any Services or this Site and any world wide web pages or any operating system software or hardware on which such Content, Service or Site is operated or displayed except as specifically designed into the Content.

Puka Up shall have the right to remove any Submitted Content that violates the above terms and conditions or is otherwise objectionable, in Puka Up’s sole and unfettered discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third-parties, or protect our rights, property, or personal safety and those of our users and/or the public.

Not Medical Advice

The Contents of the Site are for information purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the immediate or timely advice of your doctor or other qualified health care provider with any questions you may have regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Website, including the Content as described above.

Not Emergency or Crisis Care

The Website is not for emergency or crisis help.

If you require emergency help, contact your local emergency services by calling 000 or go to your local hospital emergency room.

Privacy Policy

The following information addresses privacy as it relates to users of the Site. Learn about our commitment to protecting personal information and our privacy practices here.

To learn more about commitments by Puka Up you can read our privacy policy. https://www.pukaup.com/privacy-policy

We are committed to maintaining the privacy of all individuals who use the “Site.” We value your trust and understand that this requires that we be transparent and accountable about how we handle the information you choose to share with us. We do not trade, rent or sell the information of our Site users.

Personal Information We Collect and How We Use It

No personal information (which means personally-identifiable information including, without limitation, name, street address, telephone number, screen name and email address) about you is collected from use of this Site unless specifically and clearly requested, and only when you provide it voluntarily. It is Puka Up policy that personal information of the users of our site is private and confidential. In order to prevent unauthorised access and ensure proper use of your personal information, we use appropriate procedures to secure information provided online. Any personal information you provide is stored in a secure location accessible only by designated staff.

PukaUp.com provides you with the opportunity to receive communications from us in the form of newsletters or event information. You can sign up for a free email newsletter. You can unsubscribe from this newsletter at any time. Personal information that has been provided by users is only used for the express purpose for which it was collected unless the user specifically agrees to the use of the personal information for additional purposes. For example, if you choose to sign up for newsletters or an event, you are voluntarily providing us with personal information and will be agreeing to our use of that information for those purposes at the time of registering.

Email communications that you send to us via the email links on our Site may be shared with the appropriate Puka Up staff to address your inquiry. We make every effort to respond in a timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry. The email functionality on our site does not provide a completely secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another internet user while in transit to us. If you wish to keep your communication private, do not use the email function on the site.

Other than what is set out in these Terms of Use personal information will not be shared with any third party unless permitted or required by law.

IP Addresses

The web servers we use automatically collect information including but not limited to the internet protocol (IP) address of the computers that access our site, browser type and the pages viewed on the Site. An IP address is a number that is assigned to your computer when you access the internet. It is not truly personally identifiable information because many different individuals can access the internet via the same computer. We use this information in aggregate form to understand how our site is used and how we can better serve visitors.

Cookies and Google Analytics

Similar to many websites, the Site uses digital cookies (small pieces of information that are stored on hard drives of your computer, which allow us to “remember” information about your preferences and allow you to move within areas of our site quickly and easily) to gather trend data concerning traffic on the Site for statistical analysis. We also anonymously capture information about how users interact with our site and what pages they visit. This information is used for auditing, tracking and targeted marketing purposes and to improve the Content of the Site. The data we collect is used both collectively and individually for website research to create a better experience for the users of this site. This information may be linked to you or your internet provider address. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.

This Site uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies to assist Puka Up to analyze how visitors use the Site and to analyze the information generated by the cookies (which includes your IP address). This information is transmitted to and stored by Google. Google uses the information for the purposes of compiling reports on Site activity for Puka Up, evaluating your use of the Site and providing other services to Puka Up related to internet usage and website activity. By using this Site you agree to the use of Google Analytics. For more information on Google’s privacy policy, please visit their website: http://www.google.com/analytics/learn/privacy.html

Protecting Your Information

All information provided to Puka Up over the Site is transmitted using SSL (Secure Socket Layer) encryption. SSL is a coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. We use password protocols and secure websites to protect personal information transmitted or stored electronically. Unfortunately, however, no data transmission over the internet is 100 per cent secure. While we strive to protect your information, we cannot ensure or warrant the security of such information during transmission.

As a user of this Site who has provided personal information to Puka Up, you can have access to your personal information for the purposes of correcting or updating any of your personal information or to delete the personal information you provided on this Site from our records. To do so, please contact the Puka Up Information and Privacy Officer (details below).

Puka Up may update the privacy provisions from time to time, but the most current version will always be posted to this Site as part of these Terms of Use. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

Questions or concerns regarding the handling of personal information may be directed to our Information and Privacy Officer at:

3 Mount Street
PRAHRAN   Vic   3181
Email: [email protected]

Links

This Site may contain links to other websites that are not under the ownership or operation of Puka Up. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. If you use these sites, you do so at your own risk. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your computer system. You should take notice when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

Agreement

By accepting these Terms of Use, You agree to assume liability for Your actions on the Website; You will indemnify Puka Up (and it’s officers, directors, employees and all third parties mentioned on the Site) for any and all claims, demands or actions and losses or damages relating to and/or arising from the operation of the Site or your use of the Site.

You will abide by all policies for the Site, as well as all applicable laws (including State and Commonwealth laws of Australia); You will limit Puka Up’s liability by agreeing that Puka Up will not be responsible for any specific level of service, but, rather will provide service on an “as is, where is” basis; and You acknowledge that Puka Up may suspend provision of the Website without prior notice.

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 Website.

If you choose not to accept these Terms of Use, you may close this window now and leave the PukaUp.com website.

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