Cancer Advisor – Website Terms of Use

Cancer Advisor
November 1, 2018

Introduction

Thank you for accessing www.canceradvisor.org.au (the Website).

Please read these terms and conditions before using the Website (the Website Terms). The Website is provided by Redkite 65 104 710 787 and in these terms and conditions is referred to as Cancer Advisor (Cancer Advisor). These Website Terms govern your use of the Website.

By accessing and using the Website you agree to these Website Terms. If you do not accept these Website Terms, you must not use the Website. We may change these Website Terms from time to time without prior notice to you. Your continued use of the Website will constitute your acceptance of any updated Website Terms.

Eligibility

You must be 15 years or older to create a user profile.

Use of the Website

This Website provides a platform for users to access cancer related content and various recommendations, specific to children and young people with cancer and their families. Cancer Advisor, by making the Website available, provides an online platform that allows users to access, create or link to cancer related content, provide ratings and reviews of tools and resources they have found useful, and create user profiles for more targeted content delivery.

Apart from enabling the exchange of ideas and information, Cancer Advisor accepts no liability for any guarantees, ratings or reviews made by any user. You acknowledge and agree that the views and opinions expressed on the Website are those of the authors and do not necessarily reflect the policy or position of Cancer Advisor. You agree that Cancer Advisor has no responsibility and makes no warranty as to the accuracy of any information provided via the Website and you acknowledge and agree that Cancer Advisor has no obligation to assist in any dispute between users or a user and a third party featured on the Website.

The Website and its content are provided ‘as is’. Cancer Advisor excludes all warranties of any kind, either express or implied, to the maximum extent permitted by law. While Cancer Advisor uses reasonable endeavours to ensure that the Website is available, Cancer Advisor does not make any representation, guarantee or warranty that access will be uninterrupted, error free or secure.

Cancer Advisor reserves the right at any time and from time to time to modify, or discontinue either temporarily or permanently the Website, or any part thereof, for any reason. Cancer Advisor disclaims any liability as a result of any discontinuance or interruption of the Website, or any part thereof.

Cancer Advisor disclaims any and all liability related to, or arising out of, use of any of the information, personal or otherwise, made available via the Website. 

When using the Website you agree not to:

  • provide any false, misleading or deceptive information, or any information likely to mislead, deceive or cause harm;
  • use the Website in a way that violates, or that may violate, any law or regulation;
  • use the Website in a way that may cause Cancer Advisor to be in violation of any law or regulation;
  • use the Website in a way that reflects unfavourably on Cancer Advisor or any other third party;
  • be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable;
  • harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
  • send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes;
  • collect information about other users of the Website for any purpose other than as expressly authorised by us;
  • take any action that imposes an unreasonable burden on the Website’s infrastructure; or
  • distribute a computer virus or any similar program or code that may disrupt or disable the Website.

You acknowledge and agree that:

Cancer Advisor has no responsibility to review or investigate any rating, review, recommendation or resource featured on the Website. It is your responsibility to ensure that a recommendation is suitable for your purposes; and notwithstanding the above, Cancer Advisor has the right to determine whether any of your Content submissions are appropriate and comply with these Terms, remove any and/or all of your content. Appropriateness will be determined in accordance with our Guidelines.

You acknowledge and agree that we may terminate your ability to comment or add content to the Website at any time
, including, but not limited to, a breach of any of these Website Terms.

Links to third party websites

The Website may contain links to third party websites. Cancer Advisor has not reviewed any such third party website and accepts no responsibility for the content of such third party websites. Cancer Advisor accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of you accessing any linked third party websites.

Electronic messages

We may send you electronic messages from time to time in the form of emails.  We send these emails to keep you updated with the latest recommendations made on the Website. If at any time you decide you do not want to receive these messages you can choose to opt-out of those messages by using the ‘opt out’ function contained in those messages or by contacting us via the contact details at the bottom of these Website Terms.

Limitation of liability

You acknowledge that your use of the Website is done so at your own risk. If you are dissatisfied with the Website or you do not agree with these Website Terms, your sole remedy is to discontinue use of the Website. At no time will Cancer Advisor or its employees or agents be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages or losses however caused (including by the negligence of Cancer Advisor), any loss of profits, business opportunity or damage to good will or any loss, destruction or corruption of data.

You are responsible for your use of the Website, including any information you make available through the Website.

Licence

You acquire no rights or licences in or to the Website or the content of the Website other than a limited right to use the Website in accordance with these Website Terms.

Unless specified otherwise in these Website Terms, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

By uploading any content to the Website, you grant a licence to Cancer Advisor to access and use that content for both commercial and non-commercial purposes including making your content available to others. You grant us a non-exclusive, worldwide, royalty free and perpetual licence to use and reproduce your content for any purpose.

Intellectual property

The Website, including any text, graphics, photographs, logos, trademarks and other material located on it (together, the Website Content) is protected by copyrights, trademarks and other proprietary rights.  The Website Content includes both content owned or controlled by Cancer Advisor and content owned or controlled by third parties.

You may not use any of Cancer Advisor’s trademarks or trade names without Cancer Advisor’s consent and you acknowledge that you have no ownership rights in or to any of those names and marks.

You may not use any third party’s trademarks or trade names contained on the Website without the consent of that third party and you acknowledge that you have no ownership rights in or to any of those names and marks.

You agree to notify Cancer Advisor in writing promptly upon becoming aware of any unauthorised use of the Website or the Website Content by any party or of any claim that the Website or the Website Content infringes any copyright, trade marks, or other right of any party.

You agree to provide Cancer Advisor with a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of, and otherwise commercialise and exploit, any and all information uploaded or published by you on the Website.

Payment and fees

Cancer Advisor currently provides the Website free of charge.  However, Cancer Advisor reserves the right to charge a fee for use of the Website at some later time.

Security

Upon signing up to become a user of Cancer Advisor, you will be given a username and password that will uniquely identify you. You agree to use your best efforts to prevent any third person from using your password and you will inform Cancer Advisor immediately in writing of any actual or potential unauthorised use of your password.

You also agree not to take any action to circumvent or attempt to circumvent the security and access control provisions of the Website.

Indemnity

You agree to fully indemnify Cancer Advisor and its subsidiaries, employees and agents, harmless from and against any loss, liabilities or damages, expenses, including without limitation, reasonable legal and accounting fees, howsoever caused, or suffered as a result of:

  1. your breach of these Website Terms or your use of the Website;
  2. a recommendation, comment, or any other content uploaded by you to the Website; or
  3. a claim relating to any loss, damage, death or personal injury caused by or relating to information obtained by you from the Website.

Privacy

All personal information Cancer Advisor collects from you will be handled in accordance with the Privacy Act 1988 (Cth) and the Cancer Advisor privacy policy available at https://www.canceradvisor.org.au/privacy-policy/

Entire agreement

These Website Terms state all the express terms of the agreement between the parties in respect of its subject matter. It supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.

Waiver

Neither party may rely on the words or conduct of the other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Invalidity and enforceability

If any provision of these Website Terms is invalid under the law of any jurisdiction, the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

Applicable law

These Website Terms are governed by the laws of New South Wales Australia. Both you and Cancer Advisor submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Contact us

You can contact Cancer Advisor via:

 

Last updated:
These Website Terms were last updated on 12/10/ 2017