Terms & Conditions
1. Purpose
Please read these Terms and Conditions carefully before using Our Content, Services and/or Community Spaces. These Terms and Conditions set out the terms and conditions on which Smart Bear Consulting Pty Ltd (ACN 678 249 413) T/A Smart Bear Health (Smart Bear, We, Us or Our) will provide Our Content, Services and Community Spaces (the Services) to users, purchasers, and other participants (User or You).
By using any of Our Services, You are agreeing to these Terms and Conditions as they appear, whether or not You have read them in full. If You do not agree with these Terms and Conditions, please do not access, use, purchase or otherwise engage with Our Services.
2. Products & Services
2.1 - Nature of Our Services
Smart Bear provides online health information, education programs, decision support resources, educational content, clinician resources, research initiatives and related products and services designed to support health literacy and informed decision-making as an adjunct to conventional healthcare.
Our Services may include, without limitation:
(a) Educational articles, videos, publications and downloadable media;
(b) Digital courses, programs, workshops and learning resources;
(c) Symptom-focused and condition-specific education and resources;
(d) Self-paced recovery programs and self-management strategies;
(e) Community groups, discussion forums and member resources;
(f) Clinician resources, professional education and research-related materials;
(g) Surveys, questionnaires, outcome measures and research participation opportunities; and
(h) Other products and services that We may develop from time to time.
The specific features, content and availability of any Product or Service may vary and may be modified, updated, expanded, suspended, or discontinued at Our discretion.
Unless expressly stated otherwise in a separate written agreement, Our Website, Content, Products and Services are educational in nature and are not intended to provide personalised medical advice, diagnosis or treatment.
We reserve the right at any time to suspend, restrict or terminate Your access to Our Services where We reasonably assess that continued access may be inappropriate, unsafe, unlawful, disruptive to others or otherwise contravenes these Terms and Conditions.
Important note: We do not provide personal medical advice, diagnosis or treatment. If You are suffering from any injury or illness, We recommend that Your participation in Our programs be in conjunction with medical care from Your medical practitioners and in consultation with them.
In an emergency, please call 000. Should You need additional support services You can reach out to, some are listed at the bottom of these Terms and Conditions (section 20.4 - Additional Support Services & 20.5 - Translation, Hearing & Speech Services).
3. Privacy
We only collect Your Personal Information and Process Data in accordance with Our Privacy Policy which is available at: https://www.smartbearhealth.com/privacy-policy
4. Disclaimers
Our Services are for informational and educational purposes only, and are subject to important limitations, risks, disclosures and other information relating to the nature of the information provided by Us.
By accessing, viewing or using Our Services, You acknowledge and agree that:
(a) The information provided by Us is educational and informational in nature;
(b) We do not provide personalised medical advice, diagnosis or treatment through Our Services. Any separate professional services provided by Us will be governed by their own specific terms and agreements;
(c) Our Services are intended for adult education in Australia. By accessing or using Our Content or Services, You represent and warrant that You are at least 18 years of age, reside in Australia and that You agree to abide by these Terms and Conditions.
(d) Your use of the Services is subject to these Terms and Conditions;
(e) You have had the opportunity to review the Privacy Policy and these Terms and Conditions in full before engaging with or relying upon any information obtained through Our Services.
If You do not agree to these Terms and Conditions or Privacy Policy, You must not access, use or otherwise engage in any way with Our Services.
5. Disclosures
5.1 - Our Disclosure Obligations
We are committed to transparency in relation to Our commercial relationships, affiliate arrangements, partnerships and other interests that may be relevant to the Services We provide.
Where We receive financial compensation, commissions, referral benefits or other material benefits in connection with a recommendation, affiliate relationship or commercial arrangement, We will disclose that relationship in an appropriate manner.
5.2 - Our Affiliate & Commercial Relationships
From time to time, We may recommend, review, promote, market or provide access to products, services or resources offered by third parties that We believe may be of interest to Our audience.
In some circumstances, We may receive financial commissions, referral fees, discounts, free products, sponsorship benefits, rewards or other forms of compensation in connection with those relationships.
Where reasonably practicable, such affiliate links and commercial relationships will be disclosed at the point of recommendation or promotion.
5.3 - Artificial Intelligence
You acknowledge that We may use artificial intelligence (AI) tools and technologies as part of Our internal business operations, including onboarding, billing, compliance, administration and to assist with the development, organisation, analysis, improvement or delivery of Our Services.
We may use AI to assist with research activities, data analysis, summarisation, proofreading and polishing. Where reasonably practicable, substantive AI-generated or AI-assisted content intended for publication is reviewed by Us prior to publication.
We may create AI related tools and resources for access by You, for which You acknowledge that AI systems may produce inaccurate, incomplete or outdated information and should not be relied upon as a substitute for professional advice or independent verification. As with all Smart Bear Content, You should exercise independent judgement and consult appropriate qualified professionals before making healthcare, legal, financial or other significant decisions.
5.4 - Your Disclosure Obligations
(a) In certain circumstances, such as participation in any of Our Services and with Research , You may be required to disclose Personal Information that is reasonably necessary for administration, delivery, safety or operations. This Personal Information may include but is not limited and where relevant to the particular Research Activity or Service:
(i) Your contact details;
(ii) medical conditions and any medications;
(iii) any treating practitioners; and
(iv) changes to Your care arrangements.
(b) Where requested, You agree to provide information that is accurate, complete and current, and to update Us of any changes to that information.
(c) We may not be able to provide certain Services or research participation opportunities if You do not provide required information.
6. Research
6.1 - Research Activities
As part of Our commitment to improving health literacy, education and healthcare outcomes, Smart Bear may conduct, facilitate, support or participate in research, quality improvement activities, service evaluations, surveys, questionnaires, outcome measure collection and other research-related initiatives.
6.2 - Voluntary Participation
Participation in any research activity is entirely voluntary. Purchasing, accessing or participating in any of Our Services does not automatically enrol You in any research activity.
Where participation in research is offered, You will be provided with additional information regarding the nature, purpose and requirements of the research activity before deciding whether to participate. Appropriate participant information and consent documentation will be provided, along with any additional Terms, Conditions or Policies that apply to that specific research activity or project.
6.3 - Withdrawal from Research
Unless otherwise stated in a research-specific consent document, You may withdraw from participation in a research activity at any time without penalty or loss of access to any purchased Service.
Withdrawal from a research activity does not automatically terminate or restrict Your access to any purchased Service, unless continued participation in the Service is dependent upon participation in the research activity and has been clearly disclosed to You and agreed prior.
6.4 - Ethics Approval
Many research activities are subject to approval by a Human Research Ethics Committee (HREC) or other applicable oversight body. Where required, details regarding ethics approval, participant rights and complaint pathways will be provided as part of the relevant research documentation.
6.5 - Research Data
The collection, use, storage, disclosure, retention and de-identification of Personal Information and research-related data is governed by Our Privacy Policy and any applicable research-specific documentation provided to participants.
7. Purchases & Fees
Certain Services may be available for purchase through Our Website, through third-party providers or a combination of the two.
Where You make a purchase, You agree to provide accurate, complete and current information required to process the transaction and provide access to the relevant Services.
Payment information may be collected and processed by Us and/or authorised third-party payment providers in accordance with Our Privacy Policy and the applicable terms and privacy policies of those providers.
We encourage You to carefully consider whether the Services are appropriate for Your circumstances before making a purchase.
By making a purchase, You acknowledge that You have reviewed the information available about the relevant Services and have chosen to proceed with the purchase.
7.1 - One-time Fees
Certain Services may be offered for a one-time fee, for these purchases You agree:
to pay a one-time fee in advance and which must be paid in full to Us before access will be granted;
(a) unless otherwise stated, payment of the applicable fee entitles You to access to the relevant Services in accordance with the access period, features and inclusions described at the time of purchase;
(b) a one-time fee provides access only to the specific Services purchased and does not include access to any other Services, programs subscription, upgrades or future offerings unless expressly stated otherwise;
(c) access to any Services purchased for a one-time fee remains at all times subject to these Terms and Conditions, Our Privacy Policy , including any applicable Lifetime Access;
(d) bonus content, bonus resources, guest contributions, promotional inclusions and other ancillary materials may be added, modified, replaced or removed from time to time and do not form a guaranteed component of any Services unless expressly stated otherwise.
7.2 - Subscription Fees
(a) Certain Services may be offered on a subscription basis for a recurring fee (the Subscription Services). For any Subscription Services purchased, You agree:
(i) to pay to Us the subscription fees as set out on Our Website (the Subscription Fees);
(ii) that the Subscription Fees relate solely to Services provided by Smart Bear and not to any independent allied health professional or third-party service;
(iii) to give Us permission to automatically charge the debit or credit card You have provided for payment of Your fees without any additional authorisation, for which You will receive an electronic receipt;
(iv) that the Subscription Fees will be charged in advance at the frequency specified at the time of purchase;
(v) that Your subscription will automatically renew at the end of each billing period unless cancelled by You prior to the next renewal date;
(vi) that You are responsible for ensuring that Your payment details remain current and valid;
(vii) that You may cancel Your subscription at any time through the relevant account settings, payment provider, or by contacting Us. Cancellation will prevent future renewals but will not ordinarily result in a refund for the current billing period;
(viii) that unless otherwise stated, You will retain access to the Subscription Services until the end of the billing period for which payment has already been received;
(ix) that We reserve the right to modify Subscription Fees from time to time. Where a fee change affects an existing subscription, We will provide reasonable notice before the change takes effect;
(x) that We may offer promotional, introductory, founding-member or grandfathered pricing arrangements at Our discretion. Such arrangements may be subject to additional terms disclosed at the time of the offer; and
(xi) that access to Subscription Services remains subject to these Terms and Conditions and Our Privacy Policy.
7.3 - Non-Payment of Fees
If any payment is declined, reversed, cancelled, unpaid or otherwise not successfully processed, We may suspend, restrict or terminate access to the relevant Services until the outstanding payment issue has been resolved. We may, but are not required to, provide a grace period before suspending access.
We may attempt to notify You of any failed or overdue payment using the contact details associated with Your account, however it remains Your responsibility to ensure that Your payment information is accurate, current and valid.
Where an outstanding payment remains unresolved for an extended period, We reserve the right to cancel the relevant Services We provide to You.
7.4 - Service Lifetime Access
Service ‘Lifetime Access’ means access for so long as Smart Bear continues to offer and maintain the relevant Services, subject to these Terms and Conditions amended from time to time. It does not refer to Your lifetime, the lifetime of any individual, or a guarantee that the Services will remain available indefinitely. Our Service Lifetime Access is strictly offered as one-time fee in accordance with these Terms and Conditions as amended from time to time.
We reserve the right to update, modify, improve, replace, migrate, restructure, suspend or discontinue any Services any time. If We intend to permanently cease to provide any Services offered with Service Lifetime Access, We will notify You in writing within 0 days’ that the Services permanently cease.
Where reasonably practicable, if any Services offered with Lifetime Access are discontinued, Smart Bear may provide access to an equivalent, substantially similar or replacement resource, however We are not obligated to do so.
If We cease a Service, We will provide to You reasonable notice and if You have paid up-front, there will be no refund or credit for a Service which has been available to You for at least three months.
No refund, credit or compensation will be payable if a Service has been substituted with an equivalent or better Service.
7.5 - Refunds
Your satisfaction with Your purchase is important to Us. Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies You may have under Australian Consumer Law or any other applicable consumer protection laws that cannot be excluded by law.
However, due to the digital nature of Our Services, and the immediate access typically provided following purchase, You may not be eligible for a refund, in full or in part, in every instance, unless otherwise provided by law.
Subject to applicable laws, We are not necessarily required to provide You with a refund if:
(a) You change Your mind;
(b) We terminate or suspend Your access for safety, duplicate purchases by You or if You breach these Terms and Conditions;
(c) You no longer wish to participate in, access or utilise the Services or fail to follow any applicable instructions, prerequisites or requirements;
(d) after You have already accessed, used or downloaded the purchased Services; or
(e) You experience outcomes that differ from Your expectations.
Refund requests may be submitted and will be considered on a case-by-case basis at Our discretion. Where a refund is approved, We reserve the right to revoke access to the relevant Services and any associated bonus resources.
Any specific satisfaction guarantee, cooling-off period or promotional refund offer expressly stated on a sales or purchase page will apply in accordance with the terms of that offer.
7.6 - Payment Disputes
If You believe a payment has been made in error or wish to dispute a charge, We encourage You to contact Us first so that We can attempt to resolve the issue promptly and fairly by following the Dispute Resolution Process outlined in clause 16.
Where a chargeback, payment reversal or payment dispute is initiated through a bank, credit card provider, payment processor or financial institution, We reserve the right to provide relevant transaction records, purchase confirmations, account activity, usage records and correspondence to the organisation managing the dispute.
We may suspend or restrict access to the relevant Services while a payment dispute remains unresolved. If a chargeback or payment dispute is determined in Our favour, We may require payment of any outstanding fees before restoring access to the relevant Services.
We reserve the right to pursue recovery of legitimately outstanding amounts owing to Us through lawful means where reasonable and appropriate to do so.
Nothing in this section limits any rights or remedies available to either party under applicable law.
7.7 - Third Party Products & Services
Our Services may contain links to, references to, integrations with, recommendations for, or opportunities to purchase products or services provided by third parties, including affiliates, merchants, payment processors, software providers and other external organisations.
Any purchase, transaction, agreement or interaction between You and a third party is solely between You and that third party and is subject to their terms, conditions, policies and practices.
While We may recommend, review, discuss or provide access to third-party products, services or resources from time to time, We do not control and are not responsible for the availability, accuracy, performance, quality, security, legality or content of any third-party product, service or website.
Third-party providers, including payment processors such as Stripe and PayPal, may collect, use and process Your information in accordance with their own privacy policies and terms. We encourage You to review the policies of any third party with whom You choose to engage.
To the extent permitted by law, Smart Bear is not responsible for any loss, damage, dispute, claim or liability arising from Your use of, reliance upon, or dealings with any third-party product, service, website or provider.
8. Access
Our Services are designed and currently intended for Australian residents only. We make no representation that the Services are appropriate, available or compliant for use in any other jurisdiction.
You are responsible for complying with the laws in any jurisdiction in which You access or use Our Services.
Our Services are intended solely for adults. By accessing or using Our Services, You represent and warrant that You are at least 18 years of age and legally capable of entering into a binding agreement.
Any registration, purchase, access or use by a person under 18 years of age is unauthorised and may result in suspension, restriction or termination of access.
9. Termination
9.1 - Termination by Us
Smart Bear may suspend, restrict or terminate Your access to all or part Our Services at any time where We reasonably determine that:
(a) You have breached these Terms and Conditions, Community Standards, Privacy Policy or any other applicable policy;
(b) You have provided false, inaccurate, incomplete or misleading information, or failed to disclose information reasonably required for the administration, delivery, safety or operation of Our Services;
(c) You have failed to pay applicable fees when due, initiated a chargeback, payment reversal or payment dispute, or otherwise clawed back relevant fees paid to Us;
(d) Your conduct is unlawful, inappropriate, harmful, disruptive, unsafe or inconsistent with the intended purpose of Our Services;
(e) Suspension or termination is reasonably necessary to protect participants, Smart Bear, third parties, the integrity of Our Services or compliance with applicable laws; or
(f) We discontinue, suspend or materially modify the relevant Services with reasonable notice and continued access is no longer reasonably practicable.
We will provide reasonable notice of suspension or termination.
9.2 - Termination by You
You may cease accessing or using Our Services at any time. Termination or cessation of use does not automatically entitle You to any refund, credit or compensation except as required by law or expressly stated in these Terms and Conditions.
9.3 - Effect of Termination
Upon suspension or termination:
(a) Any rights granted to You under these Terms and Conditions immediately cease to the extent of the suspension or termination;
(b) You must cease any use of the affected Services;
(c) Smart Bear may remove, restrict or disable access to accounts or Services; and
(d) any provisions of these Terms and Conditions that by their nature are intended to survive termination will continue to apply, including without limitation provisions relating to Intellectual Property, disclaimers, limitations of liability, privacy, refunds, disputes and indemnities.
10. User Conduct
10.1 - Your Conduct
You agree to use the Services lawfully, responsibly and in accordance with these Terms and Conditions.
You are responsible for maintaining the confidentiality of any account credentials issued to You and for all activities conducted through Your account.
You agree to provide information that is accurate, complete and current and to promptly update any information that becomes inaccurate or out of date.
You must not:
(a) Use the Services for any unlawful, fraudulent, misleading, deceptive, illegal or other improper purpose;
(b) upload, transmit, distribute or otherwise make available any material that is unlawful, defamatory, abusive, threatening, obscene, offensive, discriminatory, harmful, invasive of privacy or otherwise inappropriate;
(c) introduce viruses, malware, malicious code or other harmful technology, or otherwise interfere with the operation, security or accessibility of the Services ;
(d) impersonate another person or entity, or misrepresent Your identity, authority or affiliation;
(e) cause annoyance, inconvenience, needless anxiety, or otherwise engage in any activity or behaviour that may cause harm or injury to others;
(f) attempt to gain unauthorised access to any systems, accounts, data or resources associated with the Services ;
(g) circumvent, disable, interfere with or otherwise attempt to bypass any security, access restrictions, technological protection measures or other controls implemented by Us;
(h) copy, reproduce, distribute, share, resell, commercially exploit or otherwise use any Services or resource except as expressly permitted under these Terms and Conditions or with Our prior written consent; or
(i) use the Services in any manner that contravenes these Terms and Conditions or applicable laws.
10.2 - Community Spaces & Community Standards
Where Our Services include access to community groups, discussion forums, member spaces, social media groups, live discussions, viewable spaces or other interactive environments (the Community Spaces), You agree to participate respectfully and in accordance with Our Community Standards.
You must not:
(a) engage in bullying, harassment, discrimination, abuse, intimidation, threats, hate speech, personal attacks or other inappropriate conduct towards any member, participant, moderator, employee or representative of Smart Bear;
(b) provide, request or represent that You are providing personalised medical advice, diagnosis, treatment or practitioner-style care to another member;
(c) post content that is unlawful, misleading, defamatory, offensive, obscene, discriminatory, fraudulent, harmful or otherwise inappropriate;
(d) promote, advertise, solicit, recruit, sell products or services, distribute affiliate links, or engage in spam or self-promotion without Our prior written approval;
(e) knowingly share false, misleading or deceptive information;
(f) post, promote or encourage content that We reasonably believe may be in breach of applicable advertising, health, consumer protection and/or therapeutic goods laws, regulations, codes or industry standards;
(g) violate the privacy of the group or its members. You must not copy, reproduce, distribute, screenshot, record or otherwise share Community Spaces content, discussions or member information outside the Community Spaces without appropriate permission;
(h) interfere with the safe, constructive or intended operation of any Community Spaces; or
(i) otherwise act in a manner that contravenes these Terms and Conditions.
We reserve the right to moderate Community Spaces and to remove, edit, restrict access to, suspend or delete any content, comment, post or member activity that We reasonably believe breaches these Community Standards or is otherwise inconsistent with the purpose, safety or operation of the Community Spaces.
A breach of these Community Standards may result in warnings, removal of content, temporary suspension, permanent removal from a Community Spaces, termination of access to the relevant Content or Service, or any other action reasonably required to protect members, participants, Smart Bear or the integrity of the Community Spaces.
Community Spaces are intended to facilitate education, discussion, validation and peer support. Members remain solely responsible for the content they post and the decisions they make based upon information shared by other members.
We reserve the right to modify the Community Standards from time to time by reasonable notice to You.
11. Intellectual Property
Smart Bear owns, licenses, maintains or otherwise controls all Intellectual Property and associated rights in respect of Our Services, including Our Content.
11.1 - Ownership of Intellectual Property
The Services (including Content) and all associated materials are owned by, licensed to, or otherwise controlled by Smart Bear and/or its affiliates unless otherwise indicated, and are protected by copyright, trademark and other applicable intellectual property laws.
This includes, without limitation, trademarks, taglines, logos, branding, text, graphics, images, videos, audio recordings, downloads, publications, software, databases, research outputs, educational systems, frameworks, methodologies, assessment tools, rating systems, resources and other proprietary materials.
All rights, including those not expressly granted in these Terms and Conditions or any separate express written licensure, are reserved by Us.
Nothing in these Terms and Conditions, nor any access to, use of, purchase of, download of, participation in or interaction with the Services, grants You any ownership interest in any Intellectual Property belonging to Smart Bear.
You retain ownership of any original Intellectual Property, work product or materials independently created by You, except as expressly stated in these Terms and Conditions or any separate written agreement, Smart Bear does not claim ownership of Your independently created Intellectual Property.
11.2 - Trademarks & Branding
Smart Bear®, Smart Bear Health®, The Recovery LabsTM and names of associated programs, frameworks, methodologies and assets, whether current or future, (such as The Fatigue Recovery LabsTM, Clarity MappingTM, Dual Rating SystemTM), together with any other trademarks, service marks, logos, taglines, trade names, branding elements or visual identifiers used by Smart Bear (whether registered or unregistered) are the intellectual property of Smart Bear or its licensors unless otherwise indicated.
You must not use, reproduce, copy, modify, display, distribute, register, adopt or otherwise exploit any Smart Bear trademark, logo, tagline, branding element or other identifier without Our prior written consent.
You must not use any Smart Bear Intellectual Property in a manner that suggests endorsement, sponsorship, affiliation, partnership, association or ownership by Smart Bear where no such relationship exists, nor represent that Smart Bear sponsors, endorses, owns, approves of or is otherwise affiliated with any person, business, website, content, product or service where no such relationship exists.
Without limiting the above, You must not use Smart Bear trademarks, branding or other identifiers in connection with linking, framing, metatags, domain names, social media accounts, advertising, promotional materials or similar activities without Our prior written consent.
11.3 - Your Non-Exclusive License
You agree that subject to Your compliance with these Terms and Conditions and any applicable fees, Smart Bear grants You a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Content for Your personal, non-commercial use.
This license does not transfer ownership of any intellectual property and may be suspended, restricted or terminated in accordance with these Terms and Conditions.
11.4 - Permitted Personal Use
You agree that, subject to these Terms and Conditions, You may access, view, download, print and use the Content and resources made available to You for Your own personal education, learning, reference and implementation only.
You may create personal notes, summaries, reflections, action plans or other materials for Your own personal use based upon information obtained through the Services.
You may provide a hypertext link or other reference to the Website , provided that such link does not imply any sponsorship, endorsement, affiliation, ownership or association by Smart Bear where no such relationship exists.
Nothing in these Terms and Conditions prevents You from discussing concepts, ideas or information learned through the Services with Your healthcare practitioners, family members, carers, support persons or other professional advisers for the purposes of obtaining support, advice or assistance.
All other use remains subject to these Terms and Conditions and any applicable license restrictions.
11.5 - Prohibited Uses
Except as expressly permitted by these Terms and Conditions, applicable laws or Our prior written consent, You must not:
(a) copy, reproduce, distribute, publish, transmit, display, sell, license, sublicense, rent, lease or otherwise make available any Content or resource to any third party;
(b) share, transfer, resell or otherwise permit another person to access Your account, login credentials, subscription or purchased Content , including sharing with any family, friend, colleague or others;
(c) modify, adapt, translate, create derivative works from, or otherwise exploit any Content or resource for commercial purposes, professional advantage or other financial gain;
(d) remove, obscure or alter any copyright, trademark, attribution, ownership notice or other proprietary notice;
(e) use any Content , framework, methodology, research asset or resource in a manner that infringes the Intellectual Property rights of Smart Bear or any third party;
(f) use any Services, framework, methodology, research asset or resource for any unlawful, misleading, deceptive or fraudulent purpose;
(g) otherwise use any Services (including Content) or resource in a manner that contravenes or is inconsistent with these Terms and Conditions; or
(h) frame, inline link, embed or otherwise present any Content or resource in any manner that suggests ownership, endorsement, sponsorship, affiliation or association with Smart Bear where no such relationship exists, or otherwise without Our prior written consent.
Any unauthorised use may result in suspension or termination of access and may constitute an infringement of Smart Bear's Intellectual Property rights which may lead to legal action against You.
11.6 - Proprietary Frameworks & Educational Systems
In addition to any copyright, trademark or other Intellectual Property rights that may exist in specific Content , Smart Bear retains all rights, title and interest in its proprietary educational systems, frameworks, methodologies, processes, structures, models, assessment tools, rating systems, decision-making frameworks, research frameworks, resources and other Intellectual Property developed, licensed or used by Smart Bear.
These proprietary systems and frameworks may be presented through videos, written materials, worksheets, recordings, diagrams, templates, software tools, educational pathways, clinician resources, community discussions or other formats.
Except as expressly permitted by law or with Our prior written consent, You must not copy, reproduce, adapt, modify, reverse engineer, republish, distribute, teach, license, commercialise, create derivative works from, or otherwise exploit any proprietary framework, methodology, educational system, resources or Intellectual Property belonging to Smart Bear.
Without limiting the above, You must not use Smart Bear's Services, frameworks or methodologies to create, develop, market, teach, license or sell any competing product, program, course, educational resource, professional resource or service.
11.7 - Research Data & Assets
Smart Bear retains all rights, title and interest in any research databases, de-identified datasets, aggregated datasets, analyses, reports, publications, evidence syntheses, statistical outputs, research findings, insights, methodologies and other Intellectual Property created, developed, compiled or derived through its research, quality improvement, service evaluation or related activities.
Nothing in these Terms and Conditions grants You any ownership rights in any research data, research output, publication, report, analysis or other Intellectual Property generated by Smart Bear.
To the extent permitted by law and subject to Our Privacy Policy and any applicable research-specific documentation, Smart Bear may use, analyse, combine, de-identify, aggregate, publish, commercialise, license or otherwise utilise Smart Bear’s research findings, datasets and research-related Intellectual property for educational, research, publication, reporting, quality improvement, business improvement or other lawful purposes.
Nothing in this section limits any rights that a research participant may have under applicable privacy, research ethics or other laws. Refer to Our Privacy Policy and the research participant information and consent forms for the relevant research project or activity for further information regarding research participants.
11.8 - AI & Data Mining Restrictions
Except where expressly permitted by law or with Our prior written consent, You must not use any Content , research assets, datasets, frameworks, resources or other Intellectual Property belonging to Smart Bear for the purposes of training, fine-tuning, developing, testing or improving any AI, machine learning, large language model, automated decision-making system, database or similar technology.
You must not use any automated means, including bots, crawlers, scrapers, harvesting tools, data extraction tools or similar technologies, to access, copy, collect, extract, reproduce, reverse engineer or analyse Contentor other Smart Bear Intellectual Property without Our prior written consent.
You must not upload Our Content into AI tools such as ChatGPT.
11.9 - User Contributions & Community Content
You retain ownership of any original content, materials, comments, posts, photos, images, videos, submissions, feedback, suggestions, ideas, reviews, testimonials or other information that You create and voluntarily submit through through Our Website or otherwise to Us (User Contributions).
By submitting User Contributions, You grant Smart Bear a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, display, publish, distribute, modify, adapt and otherwise utilise those User Contributions to the extent reasonably necessary to operate, administer, improve, promote or provide the Services.
You represent and warrant that You own or otherwise have the necessary rights, permissions and authority to submit the User Contributions and grant the license described in this section. You agree that Smart Bear may identify You as the author of Your User Contributions by Your name, display name or screen name without further permission or compensation, unless otherwise required by law or agreed in writing.
Smart Bear reserves the right, but is not obligated, to display, monitor, review, moderate, edit, remove or restrict access to any User Contributions that We reasonably believe contravene these Terms and Conditions, Community Standards, Our Social Media Moderation & Acceptable Use Policy, applicable laws or the intended purpose of the relevant Services.
By participating in any live session, webinar, workshop, group discussion, community event or similar activity conducted as part of the Services, You acknowledge and agree that photographs, screenshots, video recordings, audio recordings, chat messages, comments, questions and other contributions may be recorded, captured, displayed or reproduced as part of the operation, administration, improvement, promotion or delivery of those activities.
To the extent permitted by law, You consent to the inclusion of Your name, display name, image, likeness, voice, comments, questions or other contributions within such recordings or materials.
Nothing in this section permits Smart Bear to use Personal Information contrary to Our Privacy Policy or any applicable privacy, research ethics or other legal obligations.
11.10 - Usage & Permission Requests
Any request to use, reproduce, distribute, publish, license, adapt or otherwise utilise any Smart Bear Intellectual Property, Content, Product, Program, Services, framework, resource, research asset or other material outside the rights expressly granted under these Terms and Conditions must be submitted to Smart Bear prior to the proposed use.
Permission requests may be submitted through the ‘Contact Us’ page of the Website or by emailing [email protected] with ‘Permission Request’ in the subject line.
Where Smart Bear grants permission, license rights or other authorisation, such permission is limited to the specific use approved in writing and remains subject to any conditions, restrictions or limitations specified by Smart Bear.
Any use outside the scope of the permission granted, or any use without the required permission, may constitute an infringement of Smart Bear's Intellectual Property rights and may result in suspension or termination of access, withdrawal of permission, legal action or any other remedies available under applicable law.
Smart Bear may, at its sole discretion, grant separate licenses, permissions, access rights or usage rights in relation to any Intellectual Property, Content, Product, Program, Service, research asset, dataset, framework, resource or other material under a specific Service, subscription, practitioner agreement, research agreement, collaboration agreement or other written arrangement.
11.11 - Copyright Complaints
Smart Bear respects the Intellectual Property rights of others and expects others to respect Our Intellectual Property rights. If You believe that any Content available through Our Services infringes copyright or other Intellectual Property rights owned by You, You may submit a written notice requesting review or removal of that Content.
Any such notice should be submitted by You, or by a person authorised to act on Your behalf, by emailing [email protected] with ‘Copyright Complaint’ in the subject line.
Your notice should include sufficient information for Us to identify the Content in question, understand the nature of the alleged infringement, and contact You regarding the complaint. Smart Bear may review, remove, restrict access to, or take any other action in relation to the relevant Content as We reasonably consider appropriate.
12. Internet & Technology Risks
You acknowledge and agree that the provision Our Services necessarily involves the transmission of personal and health information via the internet and other electronic communication platforms. You further acknowledge that We do not control and cannot guarantee the security, reliability, or performance of the internet or any third-party telecommunications networks, platforms, or systems used in connection with the delivery of Our Services.
Without limiting any other provision of this agreement, We are not responsible for, and accept no liability in respect of, any loss, damage, or harm (including any unauthorised access to, or disclosure of, Your personal or health information) arising from or in connection with:
(a) any failure, interruption, delay, or degradation of internet connectivity or telecommunications services, however caused, that affects the delivery of Our Services;
(b) any unauthorised interception, access, or disclosure of information transmitted electronically during or in connection with Our Services, except to the extent caused by Our failure to implement reasonable security measures in accordance with applicable law;
(c) any malfunction, failure, or incompatibility of Your hardware, software, or internet connection;
(d) any act or omission of a third-party technology or telecommunications provider; or
(e) any other risk inherent in the use of the internet or electronic communications for the purposes of receiving Our Services.
(f) Nothing in this clause excludes, restricts, or modifies any guarantee, right, or remedy available to You by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation to the extent that such guarantee, right, or remedy cannot lawfully be excluded, restricted, or modified.
(g) You are responsible for ensuring that You have a suitable and secure internet connection, up-to-date software, and appropriate privacy settings on Your device prior to each use of Our Services. We recommend that You access Our Services from a private location using a secure, password-protected internet connection and use two-factor authentication where available.
13. Testimonials
From time to time, Smart Bear may publish testimonials, reviews, case examples, experiences, feedback, User Contributions or other statements from participants, customers, healthcare professionals or other individuals for educational, informational or illustrative purposes (Testimonials).
Any such Testimonials and other similar materials reflect the personal experiences, opinions and outcomes of those individuals. Individual experiences and outcomes will vary significantly based on a wide range of factors, including a person's unique circumstances, physiology, psychology, actions and other factors.
Testimonials and examples are provided for illustrative purposes only and are not intended to represent, guarantee or imply that any current or future participant or User will achieve the same or similar results.
14. Subcontractors & Service Providers
Smart Bear may engage employees, contractors, consultants, researchers, moderators, technology providers, payment processors, hosting providers and other third-party service providers to assist with the operation, administration, delivery, improvement or support of the Services.
Where such third parties process Personal Information on Our behalf, We will manage that information in accordance with Our Privacy Policy and applicable laws.
You agree and acknowledge that We may subcontract the performance of any or all of Our obligations or the exercise of any of Our rights under this agreement to any person without Your consent and on Terms and Conditions We deem reasonable from time to time.
15. Liability
If You breach these Terms and Conditions You will be liable to Us.
15.1 - Limitation of Liability
(a) We will provide Our Services with due care and skill in accordance with any applicable legal obligations.
(b) You acknowledge and agree that:
(i) the Services are:
(A) provided for educational and informational purposes only; and
(B) not medical advice, mental health advice, diagnosis, treatment, healthcare, clinical care, nutritional therapy, psychological care, counselling, therapy, or practitioner-style care, nor should they be perceived to be or relied upon in such a way.
(ii) in relation to medical (and therapeutic) advice:
(A) nothing provided through Our Services creates, or is intended to create, a practitioner-patient, clinician-patient, therapist-client, adviser-client or other professional relationship between You and Us, the founder, or any other Smart Bear representative, contributor, educator, moderator, contractor or affiliated person;
(B) the information provided through Our Services is not intended to replace or be a substitute for professional medical advice, diagnosis, treatment or care that can be provided by Your own qualified healthcare practitioners, including doctors, general practitioners, nurse practitioners, pharmacists, physiotherapists, dietitians, nutritionists, psychologists, counsellors, therapists or other registered or licensed healthcare professionals;
(C) You should not disregard, delay or avoid seeking professional medical advice because of anything You have read, viewed, heard or received through the Services. You should not stop, start or change any medication, supplement, treatment, therapy, exercise, diet, healthcare plan or other health-related intervention without first consulting Your chosen qualified healthcare practitioner;
(D) if You have, or suspect that You have, a medical condition, mental health condition, injury, illness or other health concern, You should seek advice from the appropriate medical professional promptly;
(E) Smart Bear does not diagnose, treat, prevent or cure any disease, disorder, injury, illness, physical ailment, mental health condition, emotional issue or other health condition;
(F) any information relating to health, wellness, recovery, self-management, symptoms, conditions, testing, treatments, therapies, supplements, lifestyle strategies or healthcare options is provided for educational and informational purposes only and must be evaluated in consultation with Your chosen qualified healthcare practitioner before implementation;
(G) the information and materials provided through the Services have not been evaluated by the Therapeutic Goods Administration or any other regulatory authorities unless expressly stated otherwise;
(iii) in relation to personal responsibility and risk:
(A) the Services are provided for educational and informational purposes only and are not intended to replace Your own judgement, independent decision-making or the advice of appropriately qualified professionals;
(B) You are solely responsible for evaluating, interpreting and determining the suitability of any information, ideas, options, recommendations, tools, resources or educational materials provided through the Services and any implementation of information obtained through the Services is undertaken at Your own discretion and risk;
(C) that healthcare, lifestyle, financial, legal, business and other decisions involve inherent uncertainty and that individual circumstances, physiology, psychology, preferences, goals and risk factors vary significantly. As a result, information that may be appropriate for one individual may not be appropriate for another;
(D) before making healthcare decisions or implementing healthcare-related changes, You should always consult with Your chosen licensed healthcare practitioner or other appropriately qualified professional;
(E) You accept responsibility for Your actions, decisions, outcomes and results arising from the use, misuse or non-use of information provided through the Services unless Our Services have been provided negligently;
(iv) in relation to guarantees and results:
(A) the Services are designed to provide You with information and education to support and assist You in reaching Your own goals, but Your success depends primarily on Your own unique circumstances, physiology, effort, motivation, commitment and follow-through. We cannot predict nor guarantee that You will attain a particular result using the tools and information provided by Us, whether related to health outcomes or benefits (physical, mental, emotional, spiritual or otherwise), or financial outcomes (future income, expenses, sales volume, profitability, business performance or any other financial result), of any kind that may be derived as a result of Your use of Our Services;
(B) that each individual’s results depend and vary significantly based upon their unique background, physiology, psychology, actions, circumstances and a variety of other factors and that there are no guarantees as to the specific results You can expect from using the information You receive on or through the Services;
(v) in relation to legal and financial advice:
(A) the Services are not to be perceived or relied upon in any way as business, financial or legal advice and that the information provided is not intended to be a substitute for professional advice that can be provided by Your own accountant, lawyer, financial advisor or other qualified professional. We do not provide legal, financial, taxation, accounting, investment or business advice;
(B) from time to time, We may discuss legal, regulatory, workplace, disability, privacy, consumer or healthcare-related topics. Such information is provided for educational and informational purposes only and should not be relied upon as legal advice. You should obtain advice from a qualified legal practitioner regarding Your individual circumstances before making legal decisions or taking legal action;
(C) from time to time, We may discuss financial considerations relating to healthcare, treatment options, budgeting, insurance, disability support, employment, lifestyle modifications or other topics and that any such information is provided for educational and informational purposes only and should not be relied upon as financial, taxation, accounting or investment advice and that You should always obtain Your own personal advice from an appropriately qualified professional before making financial decisions;
(vi) We are not responsible for any financial, business, employment, commercial or investment decisions made by You, nor for any resulting income, earnings, expenses, profitability, business performance, financial outcomes or losses of any kind and that You remain solely responsible for evaluating information, obtaining appropriate professional advice and making decisions based on Your individual circumstances;any recommendation, reference, review or discussion of a third-party product, service or resource is provided for educational and informational purposes only and that You remain solely responsible for evaluating the suitability, safety, appropriateness and relevance of any third-party product, service or resource for Your individual circumstances;
(vii) information provided during Our Services or on Our Website is accurate as at the date of publication but may become outdated from time to time. You should independently evaluate the Content with Your healthcare practitioner before being relied upon for important decisions;
(viii) in relation to any use of AI:
(A) any AI generated or AI assisted information (including educational content, chatbots, AI tools, templates, comparisons and summaries) is provided for educational and informational purposes only and should not be relied upon as a substitute for professional advice, independent verification, clinical judgement or appropriate decision-making processes;
(B) You remain solely responsible for evaluating any information provided through AI assisted tools or resources and for determining its suitability, accuracy and relevance to Your individual circumstances before acting upon it, including when making healthcare decisions or implementing changes, being done in consultation with Your chosen licensed healthcare practitioner;
(ix) in relation to the use of online and digital Services:
(A) We cannot guarantee that Your access to Our Services will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although We will try to limit the frequency and duration of any suspension or restriction;
(B) the provision of digital health education, research, products, Content and Services necessarily involves the transmission of personal and health information via the internet and other electronic communication platforms;
(C) We do not control and cannot guarantee the security, reliability or performance of the internet or any third-party telecommunications networks, platforms, or systems used in connection with the delivery of Our Services; and
(D) You are responsible for ensuring that You have a suitable and secure internet connection, up-to-date software, and appropriate privacy settings on Your device prior to using Our Services.
(c) To the maximum extent permitted by applicable law, Smart Bear is not responsible for the following except when We have been negligent:
(i) decisions, actions or outcomes arising from Your reliance upon, implementation of, or failure to independently evaluate such information;
(ii) the choices, actions, decisions, results, use, misuse or non-use of information provided or obtained through Our Services;
(iii) any loss, damage, liability or other consequences arising from Your use of, access to or reliance upon any third-party product, service, resource or recommendation;
(iv) any loss, damage, liability or other consequences arising from Your use of, access to or reliance upon any third party or Third Party Resources;
(v) any errors, omissions, inaccuracies or outdated information contained within or referenced by Services;
(vi) decisions, actions or outcomes arising from reliance upon AI generated or AI assisted information;
(vii) any damages or refunds, or for any other recourse, should Our Services become unavailable or access becomes slow or incomplete for any reason, including but not limited to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make Our Services inaccessible to You;
(viii) any loss, damage, or harm (including any unauthorised access to, or disclosure of, Your personal or health information) arising from or in connection with:
(A) any failure, interruption, delay, or degradation of internet connectivity or telecommunications services, however caused, that affects the delivery of Our Services;
(B) any unauthorised interception, access, or disclosure of information transmitted electronically during or in connection with Our Services, except to the extent caused by Our failure to implement reasonable security measures in accordance with applicable laws;
(C) any malfunction, failure, or incompatibility of Your hardware, software, or internet connection;
(D) any act or omission of a third-party technology or telecommunications provider; or
(E) any other risk inherent in the use of the internet or electronic communications for the purposes of accessing educational, informational, research or other health-related resources, products, Content and Services.
(ix) outcomes arising from incomplete, inaccurate or misleading information provided by You or a third party;
(x) decisions, actions or omissions by You, or any other person in reliance upon information provided through Our Services;
(xi) decisions, advice, treatment or services provided by other healthcare practitioners or other third parties;
(xii) interruptions, delays, technical failures or circumstances beyond Our reasonable control; or
(xiii) third-party products, services, websites, content or other resources that may be referred to, linked to or made available through Our Services.
(d) to the maximum extent permitted by applicable law, We make no representation or warranty regarding the likelihood of achieving any particular outcome based on the experiences of others.
(e) Nothing in these Terms and Conditions should be interpreted as attempting to exclude, restrict or modify the application of relevant consumer protection, consumer guarantees (including for personal injury) or other similar laws that apply to this agreement and cannot be contractually excluded, restricted or modified.
(f) Subject to clause 15.1(e) and to the fullest extent permitted by law, Our maximum aggregate liability for any Loss, however caused, suffered by You in connection with this agreement or Your access to or use of the Services is limited to the total amount of Fees paid by You to Us under this agreement for the relevant Services.
(g) Subject to clause 15.1(e), to the extent permitted by law, Our liability to You in relation to any claim under any applicable consumer laws relating to Your access and use of the Services or otherwise arising under or in connection with this agreement or Services is limited, at Our election and discretion to:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, the refund of fees paid for the goods, or the payment of the cost of having the goods repaired; and
(ii) in the case of services, the supplying of the services again, the refund of the fees paid for the services, or the payment of the cost of having the services supplied again.
15.2 - Consequential Loss
To the maximum extent permitted by applicable law, We are not liable for any Consequential Loss suffered or incurred by You in connection with this agreement or Our Services.
16. Disputes & Complaints
16.1 - Dispute Resolution
If You have a complaint, concern or dispute relating to the Services, You agree to first contact Smart Bear by submitting a ‘Complaint’ form through the ‘Contact Us’ page of the Website or by emailing [email protected].
Both parties agree to make reasonable efforts to resolve any dispute promptly and in good faith before escalating to an external complaints authority or commencing formal legal proceedings, except where urgent relief is reasonably required or where otherwise permitted by law.
The complaints officer will respond to You within a reasonable timeframe.
If You are not satisfied with the response, and the parties are unable to resolve the matter within a reasonable timeframe, then You may escalate the matter to an appropriate regulator, complaints body, dispute resolution service or other authority, including where relevant the Office of the Australian Information Commissioner (OAIC), the NSW Health Complaints Commissioner (HCC) or any equivalent body.
17. GST
Unless otherwise stated, all prices are in Australian Dollars (AUD) and include GST where applicable.
18. General Provisions
18.1 - Assignment
(a) You may not assign or otherwise deal with any of Your rights or obligations under this agreement without Our prior written consent.
(b) We may assign, novate or otherwise deal with Our rights under this agreement at any time effective immediately upon Us notifying You of the assignment or novation.
18.2 - Entire Agreement
This agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers, employees or agents.
18.3 - Force Majeure
If a party is prevented, hindered or delayed from performing its obligations under this agreement by a Force Majeure Event (other than an obligation of You to pay any relevant Fees or other amounts), then as long as that situation continues, that party will be excused from performance of the obligation to the extent it is so prevented, hindered or delayed, and the time for performance of the obligation will be extended accordingly. If a party is affected by a Force Majeure Event it will immediately give the other party a notice of its occurrence and its effect or likely effect, and use all reasonable endeavours to minimise the effect of the Force Majeure Event and to bring it to an end.
18.4 - Waiver & Variation
We may update, amend or replace these Terms and Conditions or Our Services from time to time.
Where reasonably practicable, We will provide notice of any material changes to these Terms and Conditions by email, through the Website, or by other appropriate means and update the ‘Last Updated’ date appearing at the bottom of these Terms and Conditions.
Minor, administrative, operational, legal or non-material changes may be made without prior notice and will take effect upon publication on the Website.
If You do not agree to any revised Terms and Conditions, You must cease accessing or using the Services.
Your continued access to or use of the Services following the publication of updated Terms and Conditions constitutes acceptance of those updated Terms and Conditions.
18.5 - Severability
If any provision of this agreement is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
18.6 - Governing Law
This agreement will be construed and interpreted in accordance with the laws of the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of courts of that jurisdiction.
19. Definitions & Interpretation
19.1 - Definitions
In these terms and conditions, unless the context otherwise requires:
Community Spaces has the meaning given by clause 10.2.
Community Standards has the meaning given by clause 10.2.
Consequential Loss means loss beyond the normal measure of damages and includes indirect loss, loss of revenue, loss of reputation, loss of profits (direct or indirect), loss of actual or anticipated savings, loss of bargain, wasted time, lost opportunities, including opportunities to enter into arrangements with third parties, loss of use, loss of or damage to data, cost of capital or costs of substitute goods, facilities or services.
Content means the words, design, layout, look, graphics, photos, images, videos, gis, blog post, article, appearance, information, ideas, opinions, materials, documents, products, programs, resources, data, databases and all other information and Intellectual Property accessible on or through the Smart Bear Websites, programs, products, social media, Community Spaces or other mediums, including the Products & Programs themselves in full and in part, all of which are protected by applicable intellectual property laws.
Data means all data, information (including Personal Information), Content, communications, submissions or other materials collected, generated, stored, processed or used in connection with the Services.
Fees means any fees, charges, subscription fees, one-time fees, purchase amounts or any other payable amount that We may charge You in connection with the Services.
Force Majeure Event means the occurrence of an event or circumstances beyond the reasonable control of the party affected by it, including war, civil commotion, military action, government decree or an act of sabotage, strike, lockout or industrial action, storm, tempest, fire, flood, earthquake, pandemic or other natural calamity or an ongoing internet or telecommunications outage or impairment but does not include lack of funds.
Intellectual Property includes all patents, designs, copyright, trademarks, trade secrets, confidential information or circuit layout rights and any right to apply for the registration, protection or grant of any of the above.
Lifetime Access has the meaning given by clause 7.4.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.
Personal Information means personal information as defined in the Privacy Act 1988 (Cth) and includes the personal information that is collected during the operation and creation of the Services, including but not limited to:
(a) contact and identification information such as Your name, address, telephone number, email address, date of birth, or other types of verification details;
(b) Your medical details; and
(c) other information required for Smart Bear’s functions and activities, including where required by law.
Products means the online health education programs and resources.
Services has the meaning given by clause 2 and includes the Smart Bear Content, Products and Community Spaces.
Subscription Fees has the meaning given by clause 7.2(a)(ii).
Subscription Services has the meaning given by clause 7.2(a).
User Contributions has the meaning given by clause 11.9.
Website means the website operated by Smart Bear, https://www.smartbearhealth.com and any related websites, subdomains, portals, applications or online platforms We may operate from time to time.
19.2 - Interpretations
In this agreement, headings are inserted for convenience only and do not affect the interpretation of this agreement and, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions;
(d) a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority;
(e) all monetary amounts are in Australian dollars, unless otherwise stated and a reference to payment means payment in Australian dollars; and
(f) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; and
(g) a reference to a document, including these terms and conditions, is to the document or instrument as amended, varied, supplemented or replaced from time to time.
20. Enquiries & Support
If You have any questions regarding these Terms and Conditions, Our Privacy Policy, or wish to request access, correct or deletionof Your Personal Information in accordance with applicable laws, or make a complaint about privacy or Smart Bear, please contact the relevant Officer using the below channels and contact information.
20.1 - Privacy & Data Subject Rights Requests
If You wish to make an enquiry about privacy or make a data subject rights request, such as to request access, amendment or deletion of Your Personal Information, please complete the ‘Data Subject Rights Request’ form on the ‘Contact Us’ page of the Website or contact the privacy officer via:
Email: [email protected]
The privacy officer will endeavour to respond to You within 30 calendar days. If You are not satisfied with the response, then You may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).
20.2 - Complaints
If You wish to make a complaint, please complete the ‘Complaint’ form on the ‘Contact Us’ page of the Website or contact the complaints officer via:
Email: [email protected]
The complaints officer will endeavour to respond to You within 30 calendar days. If You are not satisfied with the response, then You may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) or Your local government health care complaints authority (as relevant).
20.3 - General & Other Enquiries
For all other enquiries, please complete the contact form on the ‘Contact Us’ page of the Website or contact Our support team via:
Email: [email protected]
Alternatively, any enquiry or request can also be addressed to Us via
Postal Address: PO BOX 141, Cleveland QLD 4163
20.4 - Additional Support Services
If You feel unsafe, in crisis, or unable to cope, please seek support from an appropriate professional or crisis support service in Your area.
Lifeline Australia - You can contact Lifeline from anywhere in Australia 24/7 via:
Phone: 13 11 14
Text Message: 0477 13 11 14
Live Chat: Lifeline Australia Live Chat
Emergency Services - If there is an emergency, or You feel that Yours or another's life is at risk, contact Emergency Services 24/7 via:
Phone: 000
Satellite Phone: 112
Text Message: 106
Counselling Services - For free 24/7 online counselling services, You can contact Beyond Blue via:
Phone: 1300 224 636 (local call costs do apply for 1300 numbers)
Webchat:Talk to a Beyond Blue Counsellor (free with option to remain anonymous)
20.5 - Translation, Hearing & Speech Services
The National Relay Service (NRS) can help You if You’re deaf or find it hard to hear or speak to hearing people on the phone. NRS Officers can change voice to text or text to voice, change Auslan to English or English to Auslan, and stay on the line through a call to help You without getting in the way or changing what is said.
Connect to the National Relay Service (internet relay) and ask for 1300 22 4636
Call Speak and Listen (speech-to-speech relay) on 1800 555 727 and ask for 1300 22 4636
Call TTY (teletypewriter) on 1800 555 677 and ask for 1300 22 4636
Visit their website: National Relay Service
The Translating and Interpreting Service (TIS National) provides language services for people with limited English proficiency and the organisations that support them.
Phone: 13 14 50
Visit their website: TIS National
20.6 - Related Policies
This policy should be read alongside the Smart Bear Health Community Standards (via pinned post published on the relevant platforms) and the Privacy Policy and Social Media Moderation & Acceptable Use Policy.
Last Updated: 29/06/2026
© Smart Bear Consulting Pty Ltd T/As Smart Bear Health 2026