Terms and conditions

Cancer Council NSW places importance and emphasis on the confidentiality of an individual's private and sensitive information. Cancer Council NSW is bound by, and also complies with the Privacy Act 1988 and the Australian Privacy Principles, the Health Records and Information Privacy Act 2002 and Cancer Council NSW's own Privacy Management Plan, which outlines how Cancer Council NSW is to comply with both Acts in managing the personal information it holds.

Cancer Council NSW does not give, or purport to give any medical advice, and is not qualified to do so.

For further information about any matter relating to privacy please refer to Cancer Council NSW website.

Use of Material on the Website

1. Except for the limited use set out in clause 2, you may not use the Website, or the material contained on it, for any purpose. This involves: a) the reproduction of the material in any material form; b) the distribution of the material in any material form; c) retransmission of the material by any medium of communication; d) uploading and/or reposting the material to any other site on the world wide web; e) 'framing' the material on the website with other material on any other website.

2. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

3. You may not modify or copy: a) the layout of the Website; or b) any computer software and code contained in the Website.

4. Cancer Council NSW reserves all intellectual property rights including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be: a) re-sold and/or re-distributed in any material form; b) stored in any storage media; and/or c) re-transmitted in any media; without the prior written consent of Cancer Council NSW.

Links to other Websites

5. The Website contains links to that are owned and operated by third parties and which are not under the control of Cancer Council NSW. In relation to such other linked sites Cancer Council NSW: a) provides the links to those sites as a convenience to you. The existence of a link to other sites does not imply any endorsement by Cancer Council NSW of the linked site; and b) is not responsible for the material contained on those linked sites.

Use of information gathered

6. Cancer Council NSW and/or people authorised by it may gather and process the information: a) which you may provide when accessing the Website, such as your name, address, email address and other personal information; b) posted by you on the Website; and c) regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies programmed during the accessing of the Website. The gathering and processing of information is for our charitable purposes generally including research and assessment purposes only and not for commercial gain.

7. The Website platform operates Klout services (delivered by Lithium Technologies Inc.). The collection, storage, use and disclosure of your personal information and other information you provide on the Website is also subject to the Klout Privacy Notice: https://klout.com/copr/privacy.

Uploading information

8. You represent and warrant in relation to any material and/or information you provide to the Website that: a) you are authorised to provide the material and/or information; b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; c) the material and/or information is not the 'passing off' of any product or service and does not constitute unfair competition; d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Australian Competition and Consumer Law, and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

Licence to Use Intellectual Property

9. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the intellectual property) on to the Website, you are granting Cancer Council NSW a perpetual, non-exclusive and payment-free licence throughout the world to: a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; b) reproduce, use and exploit the content, material and information that you post onto the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and c) allow Cancer Council NSW to sub-licence others the same rights granted to Cancer Council NSW in (a) above.

Removal of Information

10. In relation to any material and/or information included on the Website, Cancer Council NSW may remove any material and/or information, including but not limited to links to other sites, at any time without giving any explanation or justification.

11. Cancer Council NSW retains the right at all times, and at its sole discretion, to: a) Monitor, retain or disclose any information on the Website when necessary to satisfy any applicable regulations or legal process; b) Pre-screen, block or remove any content posted or uploaded by users of the Website which it considers inappropriate, including but not limited to, material that it considers may violate its Privacy Policy, Community Guidelines or these Terms and Conditions.

Conduct

12. You agree not to use this Website to: a) upload, post, email, transmit or otherwise make available any material that is abusive, harassing, obscene, defamatory or is otherwise offensive; b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, staff members and volunteers of Cancer Council NSW and their affiliates; d) collect or store personal data about other users of this Website that is of a personal nature; e) upload, post, email, transmit or otherwise make available any unsolicited material or advertising, including, but not limited to junk mail, surveys, pyramid schemes and chain letters. You also agree to abide by the Community Guidelines when using this Website such as, but not limited to: forum posts and replies, blog posts and replies and posts and replies in groups.

Legacy Contact

13. You have the right to nominate a next of kin or legacy contact to be responsible for the maintenance or removal your profile and content on this Website in the event of your death. To do so, please contact us on onlinecommunity@nswcc.org.au.

DISCLAIMER

14. Cancer Council NSW and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website. Without limiting the generality of this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Website and as a consequence of removing any material and/or information from this Website.

15. Cancer Council NSW is making the Website available for others to publish information without assuming a duty of care to users. Cancer Council NSW is not in the business of providing professional or medical advice and gives no warranty, guarantee or representation about the accuracy, reliability, timeliness or otherwise, of the information contained on the Website and/or linked sites.

16. Before commencing any health treatment always consult with your doctor. The material on this Website is intended as a general introduction to topics for educational purposes and should not be seen as a substitute for your own doctor's or your health professional's advice. We cannot examine you or give you medical advice. Only medical professionals who examine you can provide medical advice or diagnose your medical problem. We do not intend to enter into a doctor/patient relationship. Your reliance on the information you read on this Website is only at your own risk. All reasonable care is taken to ensure that the information contained here is accurate at the time of publication.

17. To the full extent permitted by law, Cancer Council NSW disclaims any and all guarantees, warranties, express or implied, regarding: a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

18. Cancer Council NSW will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked sites; b) and using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

19. Cancer Council NSW does not warrant guarantee or make any representation that: a) the Website, or the server that makes the Website available are free of software viruses; b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or c) errors and defects in the Website will be corrected

20. Cancer Council NSW is not liable to you for: a) viruses, errors or omissions in the Website, or linked sites; b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Cancer Council NSW, its employees or independent contractors, or through any other cause.

21. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

22. The disclaimer clauses 13 to 20 may not apply to you in jurisdictions in which limitations on or exclusions of consumer guarantees, warranties or liabilities are not permitted by law. To the full extent permitted by law, Cancer Council NSW's liability for any consumer guarantee or implied warranty or condition is limited, at the choice of Cancer Council NSW, to one or more of the following: a) If the breach of the consumer guarantee or an implied warranty or condition relates to services: i. the supply of the services again; or ii. the payment of the cost of having the services supplied again. b) If the breach of the consumer guarantee or an implied warranty or condition relates to goods: i. the replacement of the goods or the supply of equivalent goods; ii. the repair of such goods; or iii. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Indemnity

23. You will at all times indemnify and keep indemnified Cancer Council NSW and its officers, employees and agents (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you; and publication of or distribution of the material and/or information supplied by you.

Governing Law and Jurisdiction

24. These Terms and Conditions and all other specific and additional terms which govern your use or membership of and access to this Website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.