Website Terms of Use

Use of Material on the Website

Website Terms of Use

This website located at https://www.cancercouncil.com.au is owned and operated by The Cancer Council NSW ACN 116 463 846 (CCNSW). These Terms and Conditions apply to this website and any other website established by CCNSW from time to time (together, the Website).

By using the Website, you confirm that these Terms and Conditions govern your access to and use of the Website and our products and services, and you accept and agree to comply with them.

CCNSW reserves the right to amend these Terms and Conditions from time to time. Every time you wish to use the Website, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time.

Intellectual Property

All material on the Website, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Material) is owned by or licensed to CCNSW.

You may print or download Material from the Website for your personal non-commercial use, provided you do not alter it or remove any copyright or trade mark notices contained on Material and an attribution of source is included.

Otherwise, you must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Material for any purpose, other than with the prior written consent of CCNSW, or as permitted by law. All rights of CCNSW are reserved.

Trade marks used on the Website to describe third parties and their products are trade marks of those third parties and you are not permitted to use them without the consent of those third parties. CCNSW may allow third parties to use its logos in limited circumstances, but you must obtain our prior written permission before doing so. In order for CCNSW to consider any such request, you will be required to provide CCNSW with an explanation of your intended use of the logo and associated promotional material before releasing it to the public.

Links and Third Party Content

We permit the sharing of text links to the Material on the Website on other third party websites, but:

  • the purpose of the link must not be to use Material for commercial or fundraising purposes without CCNSW’s prior written authorisation; and
  • the link must not be placed or used in such a way as to damage the reputation of CCNSW and its trade marks and must not create the false impression that CCNSW endorses or approves of a third party website and its content.

You must not frame or mirror any part of the Website without CCNSW’s written authorisation.

The Website may contain links to or display the content of third parties (Third Party Content) as a convenience to you, including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of CCNSW. CCNSW does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Websites, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

Your conduct

You must not:

  • use the Website or any products or services supplied to you in breach of any applicable laws or regulations;
  • use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of CCNSW);
  • use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
    • use Artificial Intelligence (AI) to create content that infringes on our or a third party’s copyright, trade mark, privacy or other rights;
    • use Material to train other AI or machine learning models;
    • interfere with, disrupt, or create an undue burden on the Website;
    • collect information about other users of the Website for any purpose other than as expressly authorised by us;
    • upload, post, transmit or otherwise make available any material that:
  • is not your original work, or which may infringe the intellectual property or other rights of another person;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • includes an image or personal information of another person unless you have their consent;
  • you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content; or
  • contains financial, legal, medical or other professional advice.

Without limiting the above, you will not and will not permit a third party to:

  • misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, malware or other material that is malicious or technically harmful.
  • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
  • not attack the Website via a denial-of-service attack or a distributed denial-of service attack;
  • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking Material;
  • use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
  • do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

User-generated material

By uploading, transmitting, posting or otherwise making any material available via the Website, you grant CCNSW a non-exclusive, worldwide, royalty-free, perpetual licence to use, store, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968. Any material you upload to the Website will be considered non-confidential and non-proprietary.

CCNSW reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. CCNSW also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy.

CCNSW is not responsible for and accepts no liability with respect to any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than CCNSW. CCNSW does not endorse any opinion, view, advice or statement made by any person other than CCNSW.

AI

CCNSW may use programs, or partner with third parties which use programs, that incorporate artificial intelligence (AI) and machine learning algorithms to improve the services provided by CCNSW. When utilising these services, CCNSW shall ensure that any use of AI is transparent, fair, and consistent with its privacy policy (https://www.cancercouncil.com.au/about-us/policies/privacy/) and privacy and security obligations under Australian law.

Donations

Subject to your rights under Australian Consumer Law (ACL), all donations or other contributions made to CCNSW are non-refundable. This includes donations or contributions made in connection with our events and specific fundraising activities.

Whilst donations of $2 or more are generally tax deductible, CCNSW does not guarantee any tax benefits or deductions related to donations. Donors should seek independent financial advice before making a donation.

All complaints, grievances and disputes in relation to donations are taken seriously and will be treated confidentially. If you believe that there has been an error with your donation, you should notify us directly on email@nswcc.org.au so that we can deal with your query as soon as possible. If you wish to raise a compliant or grievance in relation to your donation, please complete the form at the following link: https://www.cancercouncil.com.au/about-us/contact-us/complaints/.

Credit cards and refunds

You agree not to use an unauthorised or invalid debit or credit card to make payments on this Website, or otherwise in making any donations or contributions to the CCNSW. Subject to your rights under the ACL, if you make a donation to CCNSW, the transaction is final, and no refunds will be provided except where unauthorised use can be proven.

If you become aware of fraudulent use of your debit or credit card, or if it becomes lost or stolen, you must notify your card issuer immediately.

Online Scams and Fraud

CCNSW undertakes its best efforts to mitigate the risk of any online scams or fraudulent activity associated with the Website. CCNSW accepts no liability for users of the Website who are the subject of an online scam or fraudulent activity of any nature. By using the Website, you agree to do so at your own risk and hold harmless CCNSW in regard to any online scam that may occur.

In the event that you identify any suspicious activity or behaviour that you believe could be an online scam or associated fraudulent activity, you should report it to ScamWatch: https://www.scamwatch.gov.au/report-a-scam, and notify us of it by email to: privacy@nswcc.org.au. In the event you are subject to a scam and you lose money, you must notify your bank or financial institution immediately.

Use of Social Media Platforms

From time to time Cancer Council will utilise social media platforms (e.g. Meta) for the purposes of establishing group and community pages to facilitate events and fundraisers held by Cancer Council (Social Media Groups).

Cancer Council excludes all liability associated with an individual’s use of and participation in Social Media Groups. Whilst Cancer Council undertakes its best efforts to keep Social Media Groups a safe place, it does not accept liability for any comments, images or other communication left by any user of the Social Media Groups and does not otherwise endorse such communication.

Disclaimer and Liability

You may have rights in relation to your use of this Website, or the products or services that we provide you with pursuant to the ACL and other legislation which cannot, by law, be excluded (Non-Excludable Rights). This section about Disclaimer and Liability is to be read subject to those Non-Excludable Rights. All access and use of the Website, or any of our products or services is at your own risk, specifically:

  • CCNSW does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. The Website is provided on an “as is” and “as available” basis. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
  • Before commencing any health treatment always consult with your doctor. Material on this Website is intended as a general introduction to the topic for educational purposes and should not be seen as a substitute for your own health professional’s advice. We cannot examine 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 at your own risk. All reasonable care is taken to ensure that the information contained is accurate at the time of publication.
  • The Website and our products or services are not intended to be used for the self-management of any medical condition or disease, or to substitute or alleviate any aspect of a health professional’s advice and/or assistance.
  • While we strive to provide accurate and up-to-date information, we make no representations or warranties about the accuracy, completeness, or reliability of any content on the Website.
  • The use of the Website, including the provision of Material by us to you, does not create any kind of professional-client, advisory or fiduciary relationship between you and the Website or us.

To the extent permitted by law, and subject to the Non-Excludable Rights, CCNSW excludes all warranties, conditions and representations (whether express or implied) that may apply to the Website or any Material on it. Other than pursuant to Non-Excludable Rights, CCNSW will not be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), even if foreseeable, arising under or in connection with:

  • your use of, or inability to use the Website; or
  • your use of or reliance on any Material displayed on the Website, including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable.

To the extent permitted by law, CCNSW’s liability pursuant to any Non-Excludable Rights shall be limited as follows:

  • in respect of goods:
    • the replacement of the good or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repairs; and
  • in respect of services:
    • the supplying of services again; or
    • the payment of the cost of having the services supplied again.

To the extent permitted by law, CCNSW disclaims any and all warranties, express or implied, regarding:

  • the accuracy, reliability, timeliness or otherwise of Material contained or referred to on the Website and/or of any linked sites; and
  • 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.

Indemnities

To the extent permitted by law, you agree to indemnify CCNSW in respect of any liability, loss or damage (including all legal and other costs on a full indemnity basis) suffered or incurred by CCNSW arising (in whole or part) out of or in connection with the breach of or failure to comply with these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions on your part.

Privacy Policy

CCNSW will use your personal information as set out in its Privacy Policy, available at https://www.cancercouncil.com.au/about-us/policies/privacy/.

Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales, Australia.

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.