Terms of Use

1. About the Websites

These Website Terms of Use apply to the websites owned and operated by the Breast Cancer Network Australia (ABN  16 087 937 531) (BCNA) under the domain names “bcna.org.au” and “fieldofwomen.org.au” (the Websites).

Your use of the information, graphics, text, software and materials (Content) on the Websites is governed by these Terms of Use and by using the Websites you agree to be bound by these Terms of Use.

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of the Websites. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

For information about how BCNA handles personal information collected through the Websites, please see our Privacy Policy.

Additional terms for fieldofwomen.org.au appear at the end of these Terms of Use.

2. Australian websites

The Websites may be accessed throughout Australia and overseas. BCNA makes no representation that the Content on the Websites complies with the laws of any country outside Australia. If you access the Websites from outside Australia, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the Content contained in the Websites is in compliance with all laws in the place in which you are located.

References to currency are in Australian dollars unless otherwise specified.

3. Information available at the Website

The Websites provide general information about BCNA and BCNA’s various programs, services and activities, as well as interactive facilities and Content generated by users of the Websites.

The Websites may contain Content on issues relating to breast cancer, for general educational and informative purposes only. The Content is generic and does not take into account the circumstances, physical wellbeing or medical requirements of a particular person which are relevant to the correct diagnosis and treatment of any problem, condition, disease, injury, ailment or disorder. The Content is not diagnostic or prescriptive and does not replace the services or advice of a qualified health care professional. The Websites do not give, or purport to give, any medical advice. Do not disregard medical advice or delay seeking it because of any Content on the Websites.

In addition, the Websites may from time to time contain or make available various message services, email lists, mailout or newsletter services, social networking facilities, blogs, forums, or other tools and facilities which may be of use to you. Whilst BCNA has made every effort to ensure that any such features are accurate and free from defect, BCNA does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.

4. User conduct

You are responsible for all of your activity in connection with accessing the Websites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Websites. You may not, without our consent, post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information or research participation from any Website user. The Websites are provided for personal, non-commercial use only unless we agree with you otherwise.

We may permit you to place Content on the Websites (including making dedications, posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in a Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

  • use, reproduce, modify, sublicence, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content; and
  • sublicence any of those rights to third parties.

You acknowledge that Content that you send to, or attempt to include in a Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, BCNA is not liable to you or anyone else in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the receipt of information by, or the inclusion of Content in, or a failure to receive or include Content in, the Websites, for whatever reason.

You must not send any Content or links for inclusion on a Website which in any way whatsoever:

  • is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
  • infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;
  • violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
  • is defamatory, libellous, unlawfully threatening or unlawfully harassing;
  • is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
  • promotes, directly or indirectly, the use or supply of tobacco products or therapeutic goods;
  • impinges on any other user’s use or enjoyment of the Website;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • contains any computer viruses or other harmful component; or
  • contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).

Any dedication or Content that you send to, or attempt to include in the Websites may be made publicly available to all users of the Website and BCNA accepts no responsibility for third party use of that Content. Whilst under no obligation to do so, BCNA retains the right to review, edit, and remove any information whatsoever from any part of the Websites at any time and without notice to you.

If you access any personal information about other individuals through the Websites, you must keep that information confidential unless you have their consent.

If we issue you with a password that permits you to access certain parts of this Websites, you must protect the security of your password and ensure that it is not easy for others to guess. You must also protect the security of your email account used to register, as we may send password reminders to that account where we are requested to do so on one of the Websites. You are solely responsible for any use of the Websites through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Websites. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

5. Orders and donations

Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on the Websites may not be fully representative of the goods described and should be used as a guide only.

By placing any order for goods in the manner described on a Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer. We do not accept orders on the Websites for delivery outside mainland Australia or Tasmania. Please contact us directly if you wish to place an international order.

Cancellations of orders for goods are accepted only if your order has not been dispatched. Please contact us if you wish to cancel your order.

Prices for goods displayed on the Websites may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on the Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order. 

Title to the goods shall pass to you on the physical delivery of the goods to the address identified by you in your order. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. We do not insure orders, so we recommend that you nominate a secure delivery address.

Any delivery period stated on the Websites is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods. We may contact you if we anticipate any issues delivering your goods within a reasonable time.

If you change your mind about an item you have purchased, and wish to exchange it for something else, please contact us. If we agree, you may return the item to BCNA within 14 days of receiving it, where it is in saleable condition with tags, receipt and original packaging. Delivery charges will be at your expense.

BCNA will not accept returns where you have caused the goods to become unmerchantable or failed to take reasonable steps to prevent the product becoming unmerchantable or the product has become damaged by abnormal use.

6. Availability of the Website

As electronic services are subject to interruption or breakdown, access to the Websites are offered on an “as is” and “as available” basis. BCNA may withdraw the Websites at any time and without notice to you.

7. Links to other websites

The Websites may contain links to third party websites. BCNA does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, BCNA makes no warranties or representations:

(a)  regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or

(b) that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, BCNA is not authorising the reproduction of material on linked websites.

8. Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Websites as well as the Websites themselves at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Websites may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

9. Warranties

While we have made every effort to ensure that the Content is free from error, BCNA does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Websites. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. BCNA does not warrant that the Websites or any linked websites will be free from viruses or defects.

10. Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, BCNA, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Websites, to any material on linked websites, or to access or use of the Websites by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.  For example, under consumer protection laws in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):

  • resupplying goods or services to you or supplying equivalent goods;
  • repairing the goods; or
  • paying the cost of having the goods or services resupplied or goods repaired.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.

11. Indemnity

You indemnify BCNA in respect of any liability incurred by BCNA for any loss or damage, howsoever caused, suffered by BCNA as a result of your breach of these Website Terms of Use or your use of the Websites.

12. Copyright and trade marks

Copyright in the Content on this Website is owned or licensed by BCNA, unless indicated otherwise. Except where necessary for viewing the Content on the Websites or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Websites may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of BCNA or our licensor(s) (as appropriate).

Trade marks used on the Websites are owned by BCNA or third parties. You must not use any trade marks used on the Websites without the consent of the trade mark owner.

13. Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Websites indicates your acceptance of these Terms of Use. BCNA may at any time vary the Terms of Use by publishing the varied Terms of Use on the Websites. You accept that by doing this, BCNA has provided you with sufficient notice of the variation.

14. Jurisdiction

The law applicable to the Websites and to disputes arising out of the Websites is the law of the State of Victoria, Australia.

15. Additional terms for fieldofwomen.org.au

In return for a donation to BCNA, fieldofwomen.org.au allows online dedications to be made to people affected by breast cancer. You must only make a dedication to someone who would reasonably expect you to use their personal information for that purpose. Section 7 of these Terms of Use applies to dedications (as ‘Content’), and you should ensure that any dedication you send meets the requirements of that section.

If a dedication is made to you, you will be given the option by email to publish that dedication on fieldofwomen.org.au. This would make your dedication (including your full name, suburb, sex and breast cancer status) available to be viewed by any user of fieldofwomen.org.au. While these Terms of Use require users of the Websites to keep confidential any personal information available on the Websites, BCNA accepts no responsibility for third party use of personal information.

 

Breast Cancer Network Australia ABN 16 087 937 531
Last updated 24 January 2011


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