Australian Consumer Law means Schedule 2 of the CCA;
CCA means the Competition and Consumer Act 2010 (Cth) as amended from time to time;
Content means all of the materials contained in or provided by Flinders on this Website, in any form, including but not limited to all text, photographs, videos, computer code, company names and trademarks; and the Finding My Way-Advanced Program;
Finding My Way-Advanced, our, we and us refers to Flinders, and includes its directors, officers, employees, agents, contractors and successors in title;
Finding My Way-Advanced Program means the self-help and coping program provided on the Website which comprises information resources and interactive modules developed by Flinders to assist you through the process of diagnosis, treatment and living well with advanced/metastatic breast cancer;
Use means to access, download, upload, install, launch and/or otherwise use;
Your Information means any information you upload to the Website; and
You and your/s refers to you, a person, who has been diagnosed with or is affected by advanced / metastatic breast cancer and who wishes to Use this Website or its Content.
You must be not less than eighteen (18) years of age to Use this Website.
The Content of this Website is available to the public but the Content may only be Used with the prior consent of Flinders, which will be granted to you if you finalise the registration process required under the Finding My Way-Advanced Program and Flinders provides you with a user name and password.
You must not gain, or attempt to gain, unauthorised access to the Website or any of its Content by any illegitimate or illegal means, including by overcoming, interfering with or disabling any security code or devices of this Website. Such conduct will be referred to the relevant law enforcement authorities.
The Content on this Website has been created by Finding My Way-Advanced to provide you with information and resources because you have been diagnosed with or are affected by cancer. The Content has been developed as part of a research study being conducted by Flinders.
While Flinders has exercised due care and skill in ensuring the Content is accurate, the Content is made available on the understanding that Flinders is not providing medical advice or professional advice about mental health problems. The Content is also not intended to be used as medical advice or professional advice about mental health problems and it is not intended to be used to prevent, diagnose, treat or cure any medical or mental health condition.
The Content does not, and Flinders does not intend it to, operate as a substitute for the advice of a health professional and you need to evaluate the Content to determine whether it meets your requirements. The Content is provided on the understanding that the Finding My Way-Advanced Program has been recommended to you by a health professional and that you are acting under the care of such a health professional. If this is not the case then please consult a health professional before registering for the Finding My Way-Advanced Program.
Finding My Way-Advanced is not a digital repository for the long-term storage or preservation of Your Information. We are required to hold and maintain Your Information for a period of seven (7) years but this will be removed and destroyed after that time expires.
Please be aware that the world wide web is an insecure public network that gives rise to a potential risk that Your Information may be intercepted or modified by third parties and any information you download may contain viruses or other defects.
Availability, Operation and Liability
To the extent permitted by law, Flinders does not provide any express warranties in relation to this Website or its Content, including as to their accuracy or completeness.
Flinders may change the functionality or features of this Website or its Content at any time without prior notice to you. Flinders may do this for technical, maintenance or legal reasons.
- all conditions, warranties and terms implied by statute, general law, international convention or custom, except any implied condition or warranty the exclusion of which would contravene any statute, or cause this clause to be void (Non-excludable Condition);
- all liability to you for your Use of, or your inability to Use, this Website or any Content for the intended purpose; and
Flinders’ liability to you or any third party for any breach of any Non-excludable Condition is limited to (at Flinders’ option):
- in respect of goods, repairing or replacing the goods, or refunding any amount paid for the goods; or
- in respect of services, performing the services again or refunding any amount paid for the services.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- modification or alteration by anyone not expressly authorised by Flinders;
- improper or faulty installation;
- malicious conduct (including hacking, viruses and spyware); and
- misuse, abuse or mishandling, including Use other than in accordance with any documentation provided by Flinders.
You agree to indemnify Flinders against all expenses, losses, damages and costs (including legal costs) that Flinders may sustain or incur as a result, whether directly or indirectly, of:
- any Use or misuse of this Website or any Content by you;
- any claim by any person arising out of your Use of this Website or any Content; and
- any wilful, unlawful or negligent act or omission by you.
Each indemnity provided by you will be reduced to the extent the relevant liability was caused or contributed to by the wilful, unlawful or negligent acts or omissions of Flinders.
Subject to any rights or remedies you may have under the CCA or any other legislation, you expressly acknowledge and agree that:
- any advice provided by Flinders with respect to the Use of this Website or any Content is given in good faith but on the basis that Flinders assumes no obligation or liability for the advice given or results obtained, and all such advice is given by Flinders and accepted at your risk.
You acknowledge and agree that:
- this Website and any Content is provided “as is” and may have inherent defects, errors or deficiencies;
- where this Website or any Content operates in combination with certain third party applications, products and hardware, it is your responsibility to obtain such applications, products and hardware including all appropriate licences to use such applications, products and hardware;
- your Use of this Website or any Content and any advice, opinions or information supplied by Flinders concerning this Website or any Content is solely at your own risk;
- it is your responsibility to make your own assessment of the suitability of this Website or any Content for your intended purpose; and
- subject to the Website security and confidentiality terms below, you will be solely responsible your Use of this Website or any Content , including by conducting such virus scans that may be reasonably required from time to time to ensure that this Website or any Content is free from all known viruses, errors and defects.
Unless otherwise specified or agreed pursuant to a separate written agreement, Flinders will not be obliged to provide training, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting or other services in relation to the Use of this Website or any Content by you.
This Website and its Content are owned by or licensed to Flinders. More particularly, any company names or trade marks of Flinders are its exclusive property and must not be used without Flinders’ prior written consent, except where expressly permitted by applicable intellectual property laws.
Website Security and Confidentiality
If you upload confidential or sensitive information onto this Website, we will take reasonable commercial steps to protect Your Information from public disclosure. To assist us to protect Your Information, please check your browser settings to ensure the information you send to us is encrypted. The connection to this Website uses 128 bit SSL encryption to facilitate the safe transfer of Your Information.
To Use of this Website, you will be asked create a user name and password and this will be confirmed by Flinders. You are responsible for keeping this information secure and confidential. You may be held responsible for any loss incurred by you or by Flinders as a result of your failure to maintain security or confidentiality over such information.
The Website may contain links to other websites. We do not monitor or review the content of any website which is linked to or from this Website. The opinions expressed or the material appearing in such websites are not shared or endorsed by us and, as Flinders does not exercise any control of these websites, Flinders does not intend to be regarded as the publisher or distributor of any such opinions or material. Flinders is also not responsible in any way for the content of these linked websites.
You must not create any links to any page of this Website without Flinders’ prior written consent. If you create such a link, you do so entirely at your own risk.