Chat Terms of Use

The Domestic Violence Crisis Service (DVCS) is a non-Government agency providing 24/7 support to people in the ACT community who are subjected to family, domestic and intimate partner violence. DVCS promotes safety, which means from time to time we will also engage with people who use violence within their relationships.

DVCS is an inclusive service working with children, young people and adults. DVCS provides support via telephone, online, face to face and advocacy at Court and other areas as appropriate.

Your use of DVCS Chat, our online chat facility, is subject to the Terms of Use as listed below, which includes important information (including warranty disclaimers and limitations of liability and confidentiality). Your use of the online chat facility constitutes acceptance of these Terms and Conditions.

1. Information is of a general nature only and no warranties are provided
   The information we provide to you during your online chat experience is for general information purposes only and it should not be regarded as advice, including legal or medical advice. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), DVCS does not give any express or implied warranties and makes no representations in relation to the information provided via our online chat facility. Information obtained from our online chat facility should not be used without validating that the information is from appropriate sources, including obtaining professional advice where applicable. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided.
2. Viruses
   Subject to the consumer guarantees provided for in consumer protection legislation (including Australian Consumer Law), and while all care and effort is taken to ensure a virus free and private environment, DVCS does not warrant that this online chat facility is free from any computer viruses or other defects.
3. Limitation of liability
   Subject to the consumer guarantees provided for in consumer protection legislation (including Australian Consumer Law), DVCS excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms of Use or the online chat facility.
4. Limitation of confidentiality
   DVCS and any other third party do not retain a copy of this online chat. DVCS keeps a note on our own database that the chat occured and a brief summary of what was discussed.DVCS does not share any information with any third party without your explicit written consent except as detailed below:

   From time to time, for the safety of our clients and children and young people, DVCS will disclose information to a third party. Examples of this may include:

   • If we believe you, or someone near you, is in immediate physical danger, we may contact Emergency Services including Police, Ambulance or Fire.
   • If we have concerns for the well-being and/or safety of children or young people we may contact the Child and Youth Protection Service (or relevant State or Territory Department).
   • If we have concerns for your mental health regarding your own safety or the safety of others, we may contact crisis mental health services and/or police as a duty of care.

 

5. Limitation of information
   To promote confidentiality and the safety of our clients, DVCS has limitations to what information can be provided via our online chat facility. DVCS does not warrant the provision of court dates, details of emergency accommodation (including room numbers or access codes), contact details of clients, non-public contact details of any other organisation or department via our online chat facility.
6. Access and communication
   DVCS do not warrant that you will have continuous access to the online chat facility. DVCS will not be liable in the event that the online chat facility is unavailable to you due to computer downtime due to malfunctions, upgrades, preventative or remedial maintenance activities on the DVCS website or interruption in telecommunications supply or DVCS not being able to adequately provide staff to monitor the online chat facility. In the event the DVCS online chat facility is not available, please call the DVCS 24/7 crisis line on 02 6280 0900.
7. Privacy
   Any personal information you provide to DVCS is subject to and will be handled in accordance with the DVCS Client Charter of Rights. The DVCS Client Charter of Rights forms part of these Terms of Use.   DVCS can see the letters and words you type in the chat facility as you type them.
8. Privacy and Third Party Providers
   DVCS does not guarantee the delivery of communications over the internet as these communications are reliant on third party service providers. Electronic communication (such as the DVCS Online Chat Facility and emails) is vulnerable to interception by third parties and DVCS does not guarantee the security or confidentiality of these communications or the security of the online support services. DVCS does not provide, and does not have control over communication, services or networks, the internet or other technology used or required to access this online chat facility and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
9. Intellectual property
   All intellectual property rights, including copyright and patents, in the online chat facility and all components in these services are owned by or licensed to DVCS. You are not authorised to copy, modify or transmit any part of the online chat facility or discussions therein.
10. Prohibited uses
    When using the DVCS online chat facility we expect our staff to treat you with respect and dignity in a helpful and polite manner. When using the DVCS online chat facility, you agree not to:
    1. Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
    2. Publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or otherwise inappropriate (including material that infringes intellectual property rights);
    3. Use any automated scripting tools or software;
    4. Engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, data mine or use robots or other data collection methods;
    5. Impersonate or falsely claim to represent a person or organisation;
    6. Send unsolicited emails or spam;
    7. Post, link to, distribute or transmit any information, material or item which contains a virus, Trojan horse, worm or other harmful or disruptive component designed to interrupt, limit or disrupt the functionality of other computer software or hardware or to utilise other computer systems for improper or without authorisation;
    8. Breach any laws or regulations which are applicable to your use of this Website in your jurisdiction.
11. Termination
    DVCS may, at any time, terminate your access or restrict your access to the online chat facility, including due to your breach or alleged breach of these Terms of Use, in its sole discretion and without prior notice. Any limitations of our liability survive such termination.
12. Jurisdiction and law
    These Terms of Use are governed by and must be construed in accordance with the laws of the Australian Capital Territory (ACT), Australia. You submit to the non-exclusive jurisdiction of the ACT law courts and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use, their performance and subject matter.
13. Severability
    Each provision of these Terms of Use is severable from the others and severance of a provision will not affect any other provision.
14. Changes to the online chat facility and DVCS website
    The online chat facility is subject to change at any time without prior notice and may contain errors. DVCS may review and update these Terms of Use at any time, at DVCS’ discretion. For example, to take into account new laws, regulations, products or technology or to reflect revisions to the online support services. Your use of the online chat facility will be governed by the most recent Terms of Use. By continuing to use the online chat facility, you agree to be bound by the most recent Terms of Use.
15. Contacting DVCS
    If you have questions about the online chat facility, these Terms of Use, our website or our Client Charter of Rights, please contact DVCS on 02 6280 0900 or via email to crisis@dvcs.org.au.
16. Collection, use and disclosure of your personal information
    DVCS complies with the Privacy Act 1988 (Cth) to ensure that your personal information is protected. Our contact details are available via our website.