Workplace Wellbeing Assessment terms and conditions

1. Acceptance of terms

1.1   The Workplace Wellbeing Assessment platform (WWA platform) is owned and operated by the Department of Customer Service for and on behalf of the Crown in Right of the State of NSW, and known as SafeWork NSW (ABN 81 913 830 179) (SafeWork NSW, we, us). The WWA platform is an online tool which enables businesses with 6 or more workers to set up a private and secure online business account to enable the distribution of the Workplace Wellbeing Assessment survey (WWA survey) to their workforce to gather aggregate data to: 

1.1.1  Measure their organisation’s workplace mental health capability score overall and across the four focus areas which comprise Lead change, Create a positive culture and manage factors, Raise awareness and educate and Connect to support. There is also a section about participants’ experience of mental health in the workplace. 

1.1.2  Understand how they are performing compared to their industry and NSW businesses as a whole 

1.1.3  Receive tailored actions to create a more mentally healthy workplace.  

This information is delivered in the form of a pdf downloadable report from the WWA platform.   

1.2   By creating an account for an organisation (Organisation Account) and registering as a user with administration access (Administration User) for that Organisation Account: 

1.2.1  the Administration User (You); and 

1.2.2  the organisation named in the Organisation Account (Organisation), agree to be bound by the following agreement (Terms of Use). 

1.3   If you do not agree with these Terms of Use, you must stop using the WWA platform and any WWA surveys immediately. 

1.4   We reserve the right to amend, modify, add, delete and make corrections to these Terms of Use. This includes updating the WWA platform to incorporate new terms, at any time without notice. All changes are effective from the date they are posted and the continued use of the WWA platform (including conducting a WWA survey) by you on behalf of the Organisation will constitute acceptance of the variation of the Terms of Use by you and the Organisation.  

1.5   Terms used in these Terms of Use have the meanings given in clause 9. 

2. Warranties and obligations

2.1   The Organisation warrants that

2.1.1  the Organisation is based in New South Wales and has at least 6 employees; 

2.1.2  the Organisation will use the WWA platform, WWA survey and any reports received from us in good faith, only for its own internal use, and in accordance with these Terms of Use; and 

2.1.3  the information in the Organisation Account is true and up-to-date. 

2.2   You warrant that: 

2.2.1  you are authorised to act on behalf of the Organisation including to legally bind the Organisation to these Terms of Use in setting up the Organisation Account; 

2.2.2  you have the continuing authority to act as Administration User to give us instructions on behalf of the Organisation; 

2.2.3  your Administration User profile is true and provided in good faith and is your own and not that of another person; and 

2.2.4  you will use the WWA platform only in accordance with these Terms of Use. 

2.3   You must not:

2.3.1  disclose your authentication details (password, etc) to any other person; 

2.3.2  use the WWA platform in any way which is unlawful, offensive, abusive, indecent, defamatory or harassing, or in breach of any rights of others; 

2.3.3  use the WWA platform in any way that could damage, disable, overburden, impair or compromise the WWA platform; or 

2.3.4  disclose, copy, or create derivative works from the whole or any part of the WWA platform, other than as expressly permitted under these Terms of Use. This does not prevent you from copying, transmitting or distributing the pdf report which is generated from the WWA survey. 

2.4   If you are acting as an agent or consultant for the Organisation in setting up the Organisation Account, you must not charge the Organisation a fee for access to the WWA platform. You must disclose to the Organisation that they can access the WWA platform (including its resources, WWA surveys and reports) directly, free of charge. However, nothing in this clause precludes you from charging the Organisation for your services (for example, consultancy fees).

3. Using the WWA platform

3.1   Subject to these Terms of Use including clause 3,4, from the date you register as an Administration User, we grant the Organisation a limited, non-exclusive, non-transferable licence to use the Organisation Account via the WWA platform to access resources, generate WWA surveys and receive reports from time to time. 

3.2   The Organisation must maintain the Organisation Account via the WWA platform and ensure that it is accurate and remains up-to-date. Where there are multiple Administration Users for an Organisation Account: 

3.2.1  each Administration User must have a unique email address; and 

3.2.2  each of the Administration Users will be able to log in as administrators to the Organisation Account and are responsible for its maintenance. 

3.3   The Organisation acknowledges and agrees not to represent that there is any relationship between it and SafeWork NSW as a result of using the WWA platform or conducting any WWA survey. 

3.4   The Organisation is responsible for ensuring there are at least two valid Administration Users for its Organisation Account at all times, and SafeWork NSW has no obligation to reset access to Organisation Accounts. 

4. Personal information and use of de-identified information

4.1   You consent to our handling your Personal Information, as set out in this clause 4 and our Privacy Policy. This includes any Personal Information used in your Administration User profile. We protect, collect and manage your Personal Information in accordance with the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002. 

4.2   We use your Personal Information for the purpose of operating the WWA platform. The operation of the WWA platform is outsourced to a third party service provider which is contractually bound to comply with the same privacy obligations. 

4.3   You and the Organisation irrevocably consent to our use, in de-identified form for statistical purposes, of any data generated by your use of the WWA platform, including data in the Organisation Account, and any WWA surveys and employee responses. We may also access such de-identified data for the purpose of trend analysis, developing guidance material and informing strategies to support industry with education, information and awareness around workplace mental health.  

4.4   Through the Organisation account we will provide the Organisation with reports including recommendations based on aggregated answers for all WWA surveys completed. However, to protect the confidentiality and to de-identify the Personal Information of the survey respondents, such reports: 

4.4.1  will not include any personally identifying information; 

4.4.2  will not be provided to the Organisation unless at least minimum quota of survey respondents complete the WWA Survey as set out in table A below; and 

Table A

4.4.3  As per the quotas above, a Business leader’s individual responses may be identifiable.   

5. Intellectual property rights

5.1   The material in the WWA survey and WWA platform is confidential and protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. You and the Organisation must not disclose, copy or create derivative works from any part of the WWA survey or WWA platform materials, other than as expressly permitted under these Terms of Use. 

5.2   The name of the Organisation will not be disclosed to any other users of the WWA Platform. We will use the name of the Organisation only where necessary for the operation of the WWA platform, and to customise reports for the Organisation. 

5.3   If you submit a suggestion to us for improving the WWA platform, you (and, where applicable, the Organisation) assign to us any Intellectual Property Rights which you or the Organisation may have in your suggestion. 

6. Disclaimers and Limitation of Liability

6.1   The information on the WWA platform, (including any reports we may provide to the Organisation), is of a general nature and is directly based on the answers to the WWA surveys provided by your employees. It is acknowledged that your employees may have different levels of awareness, exposure and understanding about mental health in your workplace. The Organisation remains wholly responsible for: 

6.1.1  fulfilling its duty of care to its employees; 

6.1.2  complying with applicable laws, regulations or standards, including any privacy legislation; and 

6.1.3  seeking independent professional advice where appropriate. 

6.2   The Organisation's use of the WWA platform or any WWA survey, or our provision of any report or use of any data or information generated by a WWA survey, does not imply: 

6.2.1  that we approve, recommend or endorse the Organisation; nor 

6.2.2  that the Organisation has complied with any or all relevant laws, regulations or industry codes. 

6.3   Indemnity

6.3.1  You agree to release and indemnify us and our Indemnified Officers against any Claim or Liability caused by or arising out of your breach of any of your obligations or warranties set out in these Terms of Use. 

6.3.2  The Organisation agrees to release and indemnify us and our Indemnified Officers against any Claim or Liability caused by or arising out of: 

6.3.2.1 misuse of any report, WWA survey or the WWA platform by the Organisation or its personnel; 

6.3.2.2 breach of any law or infringement of any third party rights by the Organisation and its personnel; 

6.3.2.3 breach of the Organisation's warranties or obligations, including those set out in these Terms of Use; or 

6.3.2.4 breach of the Organisation's duty of care to the Organisation's employees,  

6.3.2.5 any loss or damage to persons or property (including data) caused by the use (or inability to use) the WWA survey, WWA platform or a report provided by the WWA platform; 

6.3.2.6 our reasonable actions in denying anyone access to the WWA survey or WWA platform; 

6.3.2.7 our suspension or deletion of any Administration User or Organisation Account under clause 7.1 or 7.2; or 

6.3.2.8 any error or omission in information supplied by us to the Organisation. 

6.4 Limitation of Liability

To the fullest extent allowable by law

6.4.1  we only accept liability to you and the Organisation as set out in this clause 6, or as required by consumer or other laws which cannot be excluded by contract; 

6.4.2  we will not be liable to you or the Organisation for any loss (including Consequential Loss) or damage caused by or arising out of the use or misuse of the WWA survey, WWA platform and reports by the Organisation or its personnel under these Terms of Use ; and 

6.4.3  the material contained in the WWA survey, WWA platform and reports are provided on an 'as is' basis. We disclaim all representations and warranties, express or implied (other than those set out in these Terms of Use), with respect to such information, services and materials, whether provided by us, or third party contractors. 

7. Suspension and terminiation 

7.1   If we in our absolute discretion determine that an Administration User or an Organisation has breached these Terms of Use, we may immediately and without further notice 

7.1.1  suspend or delete the Administration User; 

7.1.2  suspend or delete the Organisation Account; and/or 

7.1.3  terminate these Terms of Use. 

7.2   We reserve the right to suspend or delete an Organisation Account and terminate these Terms of Use if there has been no activity on the account for more than 3 years. 

7.3   You acknowledge that we may retain or archive information (including Personal Information) you have provided to us in association with the WWA platform, even if an Administration User account or Organisation Account has been disabled or deleted. In particular, all information provided by employees who complete a WWA survey, is retained by us to be used for statistical purposes, whether or not we issue a report, and even if the Organisation Account is later disabled or deleted. 

8. General

8.1   Where applicable, the parties’ rights and obligations under clauses 2, 3, 4, 5, 6 and 7 will survive the termination of these Terms of Use for whatever reason. 

8.2   The laws of New South Wales, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction. 

8.3   If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement. 

8.4   Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights. 

9. Definitions and Interpretation 

9.1    Definitions

In these Terms of Use:

9.1.1  Claim means any claim, demand, action or proceeding; 

9.1.2  Consequential Loss includes, without limitation: 

9.1.2.1 loss of data or unauthorised disclosure of data; and 

9.1.2.2 loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and 

9.1.2.3 disappointment, distress, stress, and inconvenience; 

9.1.3  Employee means an employee of the Organisation, in any capacity; 

9.1.4  Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives; 

9.1.5  Intellectual Property Rights means all intellectual property rights, including copyright, patents, and trade marks (whether registered or not), and includes the right to register any intellectual property rights; 

9.1.6  Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on an indemnity basis; 

9.1.7  Organisation means the organisation name entered by the  Administration User in the Organisation Account 

9.1.8  Organisation Account means the account for an organisation set up by the Administration User 

9.1.9  Administration User means the user registered as having administration access for that Organisation Account 

9.1.10 WWA platform means the Workplace Wellbeing Assessment platform website and includes all material making up or available through the WWA platform, including any WWA surveys, resources or reports; 

9.1.11 WWA survey means the online survey generated through the WWA platform; and 

9.1.12 Personal Information means has the same meaning as in section 4 of the Privacy and Personal Information Protection Act 1998, that is, information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. 

1. Acceptance of terms

1.1   The Workplace Wellbeing Assessment platform (WWA platform) is owned and operated by the Department of Customer Service for and on behalf of the Crown in Right of the State of NSW, and known as SafeWork NSW (ABN 81 913 830 179) (SafeWork NSW, we, us). 

1.2    You are not obliged to complete the Workplace Wellbeing Assessment survey (WWA survey). However, if you do complete the WWA Survey, you agree to be bound by the following Terms of Use. 

1.3   If you do not agree with these Terms of Use, you must cease using the WWA Platform immediately. 

1.4   References to the WWA Platform in these Terms of Use include all material making up or available through the WWA Platform, including the WWA Survey. 

1.5   We reserve the right to amend these Terms of Use by updating the WWA Platform to incorporate new Terms, at any time without notice. All changes are effective from the date they are posted and your continued use of the WWA Platform (including doing a WWA Survey) will constitute your acceptance of the current Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms each time you utilise the WWA Platform or do a WWA Survey. 

2. Your Warranties and Obligations

2.1   You warrant that

2.1.1  you are an employee of the organisation which generated the link to the WWA Survey and provided it to you (your Employer); and

2.1.2  you will answer the WWA Survey honestly, in good faith, and only on your own behalf. 

2.2   Your Employer may generate different WWA Surveys from time to time, and each of them will have a unique link. Each WWA Survey is designed to be answered only once by each person, and you must not complete the same WWA Survey more than once. 

2.3   You must

2.3.1  use the WWA Platform only in accordance with these Terms of Use; 

2.3.2  not use the WWA Platform in any unlawful manner or for any unlawful purpose; 

2.3.3  not use the WWA Platform in any way that could damage, disable, overburden, impair or compromise the WWA Platform; and 

2.3.4  not copy, distribute or create derivative works from the whole or any part of the WWA Platform. This does not prevent you from copying, transmitting or distributing the pdf report which is generated from the survey. 

3. Your Personal Information

3.1   The WWA Survey is anonymous, and we treat your answers to the WWA Survey as confidential. 

3.2   The term Personal Information when used in these Terms of Use has the same meaning as in section 4 of the Privacy and Personal Information Protection Act 1998 (NSW), that is information or an opinion (including information or an opinion forming part of a database and whether or not recorded in material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. 

3.3   By completing and submitting the WWA Survey: 

3.3.1  you consent to our dealing with your Personal Information, as set out in this clause 3 and our Privacy Policy; and 

3.3.2  you irrevocably consent to our use of your survey answers, as de-identified information, as set out in these Terms of Use. 

3.4   All survey answers will be de-identified before being included in statistical data or reports. Your de- identified information will be used for the purpose of providing information on psychosocial risk exposure and outcomes. 

3.5   Your Employer may receive a report from us with aggregated results and general recommendations based on answers to the WWA Survey. However, to protect your confidentiality, the report: 

3.5.1  will not include any personally identifying information; 

3.5.2  will not be provided to your Employer unless at least 5 people complete the WWA Survey; and 

3.5.3  will not include any breakdown of survey answers for the worker or team leader subgroups where there are fewer than 5 survey respondents. The report may be generated with only one business leader response. 

4. Intellectual Property Rights

4.1   The material in the WWA Survey and WWA Platform is confidential and protected under Australian and international copyright and other laws governing protection of intellectual property rights. 

4.2   You must not disclose, copy or create derivative works from any part of the WWA Survey or WWA Platform materials. 

5. Disclaimers and Limitation of Liability

5.1   While we may provide recommendations to your Employer based on answers to the WWA Survey, the recommendations are of a general nature. We are not responsible for, and cannot control, any actions your Employer may or may not take in response to our recommendations. 

5.2   Indemnity

5.2.1  You agree to release and indemnify us and our directors, employees, contractors, agents and representatives (Indemnified Officers) against any loss, liability, claim, demand, damage or expense (including legal fees), arising from or in relation to: 

5.2.1.1 your misuse of the WWA Survey or the WWA Platform or your breach of any law; or 

5.2.1.2 your breach of any warranties under these Terms of Use. 

5.2.1.3 any loss or damage to persons or property (including data) caused by your use (or inability to use) the WWA Survey or WWA Platform; 

5.2.1.4 our reasonable actions in denying you access to the WWA Survey or WWA Platform for security reasons; or 

5.2.1.5 any error in information supplied by the WWA Platform to you. 

5.3   Limitation of Liability

To the fullest extent allowable by law

5.3.1  we only accept liability to you as set out in this clause 5, or as required by law which cannot be excluded by contract; 

5.3.2  we will not be liable to you for any loss (including Consequential Loss) or damage caused by or arising out of your use or misuse of the WWA survey, WWA platform and reports under these Terms of Use; and 

5.3.3  the materials contained in the WWA Survey, WWA Platform and Employer reports are provided on an 'as is' basis. We disclaim all representations and warranties, express or implied (other than those set out in these Terms of Use), with respect to such information, services and materials, whether provided by us, third party contractors or other parties. 

In paragraph 5.3.2, Consequential Loss means any loss of income, revenue, profit or financial opportunity. 

6. General

6.1   The parties’ rights and obligations under clauses 2, 3, 4, 5 and 6 will survive the termination of these Terms of Use. 

6.2   The laws of New South Wales, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction. 

6.3   If any provision of these Terms of Use is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement. 

6.4   Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.