c) retransmission of the material by any medium of communication;
d) uploading and/or reposting the material to any other site on the world wide web;
e) ‘framing’ the material on the website with other material on any other website.
Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
You may not modify or copy:
a) the layout of the Website; and
b) any computer software and code contained in the Website.
Cancer Council NSW reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
a) re-sold and/or re-distributed in any material form;
b) stored in any storage media; and/or
c) retransmitted in any media; without the prior written consent of Cancer Council NSW.
Links to other Websites
The Website contains links to other websites that are owned and operated by third parties and which are not under the control of Cancer Council NSW.
In relation to such websites, Cancer Council NSW:
a) provides the links to other sites as a convenience to you. The existence of a link to other sites does not imply any endorsement by Cancer Council NSW of the linked site; and
b) is not responsible for the material contained on those linked sites.
Use of Information Gathered
Cancer Council NSW and/or people authorised by it may gather and process the information:
a) which you may provide when accessing the Website, such as your name, address, email address and other personal information and
b) regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies programmed during the accessing of the Website.
The gathering and processing of information is for research and assessment purposes only and not for commercial gain.
Disclaimer
Cancer Council NSW and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website. Without limiting the generality of this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Website and as a consequence of removing any material and/or information from this Website.
Cancer Council NSW is making the Website available for others to publish information without assuming a duty of care to users. Cancer Council NSW is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability, timeliness or otherwise, of the information contained on the Website and/or linked sites.
Before commencing any health treatment always consult with your doctor. The 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 doctor’s or your 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 only at your own risk. All reasonable care is taken to ensure that the information contained here is accurate at the time of publication.
To the full extent permitted by law, Cancer Council NSW disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) 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.
Cancer Council NSW will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
Cancer Council NSW does not warrant guarantee or make any representation that:
a) the Website, or the server that makes the Website available on the world wide web are free of software viruses;
b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
c) errors and defects in the website will be corrected
Cancer Council NSW is not liable to you for:
(a) viruses, errors or omissions in the Website, or linked sites on the world wide web,
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Cancer Council NSW, its employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
The disclaimer clauses 12 to 19 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, Cancer Council NSW’s liability for any implied warranty or condition is limited, at the choice of Cancer Council NSW, to one or more of the following:
a) If the breach of an implied warranty or condition relates to services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
b) If the breach of an implied warranty or condition relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods; or
iii. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Indemnity
You will at all times indemnify and keep indemnified Cancer Council NSW and its respective officers, employees and agents (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
Governing Law and Jurisdiction
These conditions and all other specific and additional terms which govern your use or membership of and access to this website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia, and 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.