Terms and conditions

These terms of use are effective from 27 March 2014.

1.  Your info
(a)  Use of the Website may involve you providing some personal information and being aware of how this information is used for your care and when chatting with others in the online community.

(b)  When you register, We will communicate with You about services We offer that might help You. You will be able to choose whether you would like to receive this information by phone, email or Facebook email.

2.  Why do We need Your info?
Providing Us with Your personal details signs You up for our online community and gives You access to resources and support for Your situation. You can choose what You want to tell Us, however the information You provide helps us to customise and provide the best services and support for You. The more we can learn about You, the better services We can offer. However We know that not everyone wants the same information or support, so We’ve offered a few different ways to access the Website, depending on what You tell us.

3.  Security of Your information
(a)  If We are providing you with a counselling service, We are required by law to keep a written record of these sessions. This helps Us review how we are helping You and also means that we have all your details in one place. These records are stored securely and subject to appropriate access limitations.

(b)  We would like to make You aware that We use other third party companies to provide some of the services on the Website, including webinars and chat services. These companies may be able to view your username and other details while they are providing the service but are bound by confidentiality agreements with Us to protect your information. Some of these companies may be located in the United States and other countries. You agree that if the third party breaches your privacy, we will not be accountable for them under the Privacy Act and you may not be able to seek redress under the Privacy Act.

4.  Confidentiality and our duty of care
(a)  You do not need to identify Yourself and may use a pseudonym. However, We encourage You to provide us with Your name and contact information because it’s an important way of Us being able to support You. If at any stage We become worried about Your safety or the safety or someone close to You we may need to get other people involved to help You. If this happens, We will need to let them know enough information to help You. If We think this may happen We will try Our best to let You know first.

(b)  If We see from Your communications (including Private Messaging) that You are distressed, We may reach out to You via Private Messaging if it is between the hours of 10am and 10pm on a weekday or 11am to 6pm on the weekend, and we may take other appropriate steps (e.g. notifying health services) to help protect your health and safety. That’s because We are here to help You. It is Your choice about whether You want to respond but We hope that You will so that We can support You in the best possible way.

5.  What We expect from You
It’s best to register with an email address that is private. This means that only You know the password and can see the emails that come in and go out.  Your username and password also keeps Your information safe so think carefully about choosing a password that other people can’t guess easily.

6.  What You can do with materials on Our Website
(a)  All rights (including intellectual property rights) in all content and materials on Our Website are owned or licensed by Us. “CanTeen”, “Raise More than a Sweat”, “Terrific Picnic”, “Now What” and “National Bandanna Day” are Our registered trademarks.

(b)  Subject to section 16(c), You must not reproduce, modify or adapt any content or material on the Website.

(c)  We consider that the sharing of information about cancer and health is important, so You may print and download Our documents that We publish on the Website from this Website in their unaltered, complete form for your own personal non-commercial use. We grant You a limited, personal, non-exclusive, revocable, worldwide license to those documents to this effect on condition that you must:

(1)  include the “CanTeen – The Australian Organisation For Young People Living With Cancer” copyright notice (and not remove any existing copyright or other proprietary notice);

(2)  acknowledge that the document is reproduced with the permission of “CanTeen – The Australian Organisation For Young People Living With Cancer” and identify the full name of the document (for example – ‘‘title of document’ © CanTeen – The Australian Organisation For Young People Living With Cancer. Reproduced with permission.’;

(3)  not alter or modify the document at all (unless you have first obtained Our written permission);

(4)  not hold the document out as being medical or clinical advice;

(5)  not use the document in any way that suggests that you are affiliated with, or endorsed by, Us; and

(6)  not distribute (in any way) the document to third parties without first getting Our written permission.

7.  Links to third party websites
The Website may contain links to other websites or applications owned, operated or produced by third party organisations independent of Us (Third Party Sites). The links are provided for convenience only and We have not verified and do not sponsor, endorse, recommend or approve the operators of, or any materials on (including information, products or services), those Third Party Sites.

8.  If You would like to add a link to the Website
(a)  You may provide a link to this Website from a third party website (Your Link), subject to the following conditions:

(1)  You must notify Us of Your Link and provide any further details that we request.

(2)  You must clearly identify Your Link on the relevant website as a link to the Website of ‘CanTeen – The Australian Organisation for Young People Living with Cancer’.

(3)  You must regularly check Your Link to ensure that it remains current.

(4)  You must not provide Your Link in a manner that in any way disparages or may adversely affects Our reputation.

(5)  You must not use Your Link for Your own commercial or fundraising purposes.

(b)  We reserve the right to cancel Our consent to Your Link at any time and, if We request, You must immediately remove Your Link to the Website.

(c)  You acknowledge that We are not responsible for any information or material contained on any third party website.

9.  Third party tools
Certain tools, devices, software programs or other features (Tools) available on or through the Website may be provided by third parties. These Tools are provided or made available as a convenience to You. These Tools are not owned or operated by Us and We are not responsible for examining or evaluating the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.

10.  Restrictions on use of Website
You agree that You will not:

(a)  use any information on this Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain; or

(b)  use any device, software or process to interfere or attempt to interfere with the proper working of this Website.

11.  Warranties
(a)  All information on this Website is subject to change without notice.

(b)  We cannot guarantee that this Website will be free from viruses, or that access to this Website or a Third Party Site will function as intended or be uninterrupted.

(c)  While reasonable effort is taken to ensure that the information on this Website is accurate, subject to section 4 this information is:

(1)  general information provided on an ‘as is’ basis (for example, it may at times be out of date and include errors or omissions); and

(2)  as outlined in section 7, not medical advice and is not tailored to your particular circumstances or condition.

(d)  Since electronic services are subject to interruption and breakdown, access to the Website is offered on an ‘as is’ and ‘as available’ basis only.

12.  Indemnity
You indemnify Us in respect of any liability incurred by Us for any loss, cost, damage or expense (howsoever caused) suffered by Us as a result of or in connection with:

(a)  your breach any of Our intellectual property rights in connection with this Website; and

(b)  Your Content.

13.  Your consumer rights
(a)  Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

(b)  If You suffer any loss in connection with the Website, You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.

(c)  Subject to Your Consumer Rights, we are not liable:

(1)  for any loss that was not reasonably foreseeable to You and Us; and

(2)  to the extent that Your loss was contributed to by You or any other matter outside of Our reasonable control.

14.  General
These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.

15.  Complaints
If You have a complaint or want to provide feedback about the Website, You can contact Our national office on the details below:

Email: online@canteen.org.au

Phone: 1800 835 932 (1800 TelWeb)

If You’re unsure about anything or would like to know more, please get in touch!