Break The Silence – Terms of Use (Australia)

Effective Date: October 2025
Governing Law: Queensland, Australia

1. Purpose and Nature of Service

Break The Silence provides mental-health support and counselling services through secure messaging, voice, and video.
This App is not a crisis or emergency service. If you are in crisis or at risk of harm, call 000 (Australia) or Lifeline (13 11 14) immediately.
Services are provided by qualified mental-health professionals registered or accredited in Australia. These services are supportive in nature and do not replace medical consultation, psychiatric assessment, or diagnosis.

2. User Eligibility

• Users must be 18 years or older to register independently.
• Users under 18 must have written parental or guardian consent and may only engage with practitioners approved to work with minors.
• You agree to provide accurate registration information and maintain the confidentiality of your login credentials.

3. Professional Standards

All mental-health professionals on the platform are registered or accredited with AHPRA, APS, or PACFA (as applicable) and adhere to their respective professional codes of conduct.
Break The Silence provides a telehealth environment and clinical-governance oversight consistent with Australian psychological and counselling practice standards.

4. Privacy and Data

Our Privacy Policy
 is incorporated into these Terms. By using the App, you consent to the collection, use, and disclosure of your personal information as described in that policy.
All data is encrypted in transit and at rest. Primary data servers are located in Sydney, Australia, with secure backups potentially in Singapore and the United States (managed via AWS).
Cross-border data disclosures are handled in accordance with Australian Privacy Principle 8 (APP 8), and we ensure equivalent security protections are in place.

5. Duty of Care and Emergency Protocol

If, during use of the App, a practitioner reasonably believes you are at risk of harm to yourself or others, they may—consistent with their professional and ethical duties—contact emergency services or nominated contacts.
This action is taken solely to ensure your safety and complies with Australian privacy and health-care law.

6. Fees and Payment (if applicable)

Any fees will be clearly displayed prior to purchase or booking. You authorise Break The Silence to process payments through secure third-party providers. Refund policies comply with the Australian Consumer Law (ACL).

7. Intellectual Property

All App content, trademarks, software, and designs remain the property of Break The Silence Pty Ltd or its licensors.
You are granted a limited, non-exclusive licence to use the App for personal mental-health support purposes only. You may not reproduce, distribute, or modify any part of the App without written permission.

8. Disclaimers and Limitation of Liability

The App provides general mental-health support and is not a substitute for medical advice, diagnosis, or treatment.
While we take reasonable steps to ensure platform stability and security, we do not guarantee uninterrupted or error-free access.
To the extent permitted by law, Break The Silence is not liable for indirect, incidental, or consequential losses arising from the use or inability to use the App.
Nothing in these Terms limits any rights you may have under the Australian Consumer Law.

9. Data Breach Notification

In accordance with the Notifiable Data Breaches (NDB) Scheme under the Privacy Act 1988 (Cth), Break The Silence will promptly assess suspected data breaches, notify affected individuals and the Office of the Australian Information Commissioner (OAIC) where required, and take immediate steps to mitigate any harm.

10. Termination

We may suspend or terminate access if you breach these Terms or misuse the App. You may close your account at any time; your health records will be retained only as required by law and our professional obligations.

11. Changes to Terms

We may update these Terms to reflect legal, operational, or service changes. Notice of significant updates will be provided within the App, and your continued use constitutes acceptance of the revised Terms.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia, and any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.

13. Contact

For questions or complaints, contact our Privacy Officer at:
📧 support@breakthesilence.com.au

If unresolved, you may contact the Office of the Australian Information Commissioner (OAIC):
🌐 www.oaic.gov.au
| ☎ 1300 363 992