THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO AND USE OF THIS SITE. IN ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST REFRAIN FROM ACCESSING AND USING THIS SITE.
GENERAL TERMS AND CONDITIONS
1. Privacy Statement
Our Privacy Statement is set out on this Site and shall apply to You and Your use of this Site.
2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
3. Registered Users
3.1 We may provide Your organisation with a user name and password to login to the Site to edit information contained on the Site about Your organisation.
3.2 It is important that you record you user name and password and you should keep your user name and password in a safe place. You are entirely responsible to maintain the confidentiality of Your user name and Your password. You are responsible for all usage or activity of Your account including, without limitation, use by any person using your user name or password and any fees associated with such usage.
3.3 You may change Your password at any time by sending an email to the webmaster at email@example.com/new
3.4 You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security.
4.1 You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on Your computer system or on this Site. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such activity.
5. Lawful use
5.1 You must use the Site for lawful purposes only and ensure that Your access to, or use of, the Site is not illegal or prohibited by law. It is Your responsibility to obtain independent legal advice in relation to compliance with all Applicable Laws in using the Site.
5.2 You agree at all times to deal with any information or material provided by Us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
5.3 You agree not to use any information contained on this site for Your commercial purposes without prior written approval from Us.
6. Misuse and interference
6.1 You must not interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site.
6.2 To the maximum extent permitted by law, We accept no liability for any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered or incurred by You arising from or in connection with any other Site User or Registered User’s misuse of the Site including, without limitation, misuse of any User Content Posted by You on the Site.
7. User Content
7.1 You hereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to Us, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such User Content anywhere, for any purpose and in any form, without any compensation to You.
7.2 You acknowledge and agree that You are solely responsible for any User Content Posted on the Site. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. We reserve the right to review and/or edit User Content prior to publication on the Site or any time thereafter and to remove any User Content if, in Our opinion: (a) it does not comply with these Terms and Conditions; (b) it does not comply with any Applicable Laws; or (c) it is illegal, offensive, misleading, incorrect or otherwise inappropriate.
8. Information on the Site
8.1 We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information or materials (including, without limitation, any User Content) on the Site. You are responsible for Your use of any information or materials obtained from the Site. You should make Your own enquiries to check if the information or materials on the Site are accurate, complete and suitable for Your intended use.
8.2 This Site is not a substitute for professional medical advice, and must not be relied upon as a substitute for advice from qualified medical professionals who are familiar with your individual needs. You should telephone 000 if you require urgent medical attention or otherwise speak with your GP.
8.3 The Site may contain information or materials (including, without limitation, User Content) that includes the views or recommendations of others that are not necessarily Our views.
8.4 The Site contains links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.
8.5 The search functions contained on the Site are designed only to assist You to locate content on the Site and/or services and is not a means of Us making a referral or recommending any particular services to You.
9.1 To the maximum extent permitted by law, We do not accept any liability for any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of this Site or any linked site; or (b) any decision or action taken by You in reliance on any information or materials on the Site (including, without limitation, any of the Posted User Content).
You agree to indemnify, and keep indemnified, Us and Our officers, employees and agents (those indemnified) against all Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered or incurred by those indemnified in connection with: (a) any breach of any obligation or warranty under this Agreement by You; (b) any wilful misconduct by You ; and/or (c) any negligent act or omission by You.
11. Intellectual Property
11.1 All Intellectual Property in the Site is owned by Us or third party licensors and/or their successors and assignees. Material procured from a third party may be the subject of Intellectual Property owned by that third party. Except as expressly authorised by (and subject to any conditions prescribed under) any applicable legislation, subject to paragraph 11.3 below, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Site; or (b) commercialise the whole or any part of the Site, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
11.2 Trade marks used on the Site are Our trade marks (registered or unregistered) or trade marks of their respective owners. If You use any trade marks owned by Us, in reference to Us or the Site, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks or trade marks of their respective owners: (a) in, or as the whole or part of, Your own trade marks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the respective owners of the trade marks or the Site.
11.3 You may print content from this Site for:
(a) your own personal use, or
(b) if you are a health practitioner, for distribution to a patient in your care,
however in the case of (b) You must ensure that the source of the printed material can be readily identified.
12. Public statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written consent.
13. General provisions
13.1 If We waive, in whole or part, any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
13.2 If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force.
13.3 The laws governing this Agreement will be the laws in the State of South Australia, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
In these terms and conditions, unless the context otherwise requires:
14.1 Agreement means the Agreement between You and Us comprising these terms and conditions.
14.2 Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Posting of any User Content on the Site and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.
14.3 Intellectual Property means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
14.4 Loss means loss or damage of any kind (including liability to a third party).
14.5 Post means to make available information and/or other materials on the Site.
14.6 Registered User means a Site User registered in accordance with clause 3 above.
14.7 Site means the website operated by Us at www.countrycancersupport.com.au/new and www.ccssa.com.au and includes, without limitation, all works or materials of any kind (including, without limitation, all text, images, photographs, graphics, logos, icons, sound recordings, cinematograph films, multimedia files, computer software and databases) available through the Site (including, without limitation, the selection and arrangement of such works or materials).
14.8 Site Content means all content on this Site excluding User Content.
14.9 Site User means any person who has access to, or uses, the Site.
14.10 User Content means any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, stories, materials or information of any nature) submitted to Us, or Posted on the Site, by a Site User or Registered User.
14.11 We, Us, Our means the individuals and/or organisations responsible for the creation, editing, authorisation and publication of Site Content and the publication of User Content on this Site, from time to time including but not limited to Ms Kate Gunn, The University of Adelaide, The University of South Australia, Cancer Council SA and Country Health SA Hospital Inc.
14.12 You, Yourself, Your means any person, business, company or organisation who is a Site User.