terms and conditions
Website Terms of Use
1 About this website

These Website Terms of Use apply to the websites owned and operated by Can-Survive (ABN 67 099 684 812) (Can-Survive) under the domain names "can-survive.org" and "lifegoeson.org.au" (collectively, the Website).
Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use and by using this Website 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 this Website. 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.

2 Australian residents only

The information contained within the Website is intended for Australian residents only and is not intended for use by any person who is a resident of any other country as the Content or these Terms of Use may not comply with non-Australian laws. References to currency are in Australian dollars unless otherwise specified.

3 Links to other websites

The Website may contain links to third party websites. Can-Survive does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, Can-Survive 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, Can-Survive is not authorising the reproduction of material on linked websites.

4 Information available at the Website

The Website provides general information about Can-Survive and Can-Survive's various programs, services and activities.

The Website contains a wide variety of Content on issues relating to living with life-threatening illnesses, for general educational and informative purposes only. The Content on the Website is generic and does not take into account the circumstances, physical wellbeing, mental status 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 on the Website is not diagnostic or prescriptive and does not replace the services or advice of a qualified health care professional. The Website does not give, or purport to give, any medical advice. Do not disregard medical advice or delay seeking it because of any Content on the Website.

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

5 Availability of the Website

As electronic services are subject to interruption or breakdown, access to the Website is offered on an "as is" and "as available" basis. Can-Survive may withdraw the Website at any time and without notice to you.

6 User conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any Website user.

We may permit you to place Content on the Website (including posting messages, uploading files, in putting data or engaging in any other form of communication). By placing any Content on the 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 the Website, may not reach or be correctly displayed on the 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, Can-Survive 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 Website, for whatever reason.

You must not send any Content for inclusion on the Website which in any way whatsoever:
• is fraudulent, misleading or deceptive;
• 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 (including identifying any individual or their contact details without their consent);
• violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence;
• is defamatory, libellous, unlawfully threatening or unlawfully harassing;
• is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
• promotes tobacco products or promotes pharmaceutical goods not approved for sale in Australia;
• impinges on any other user's, use or enjoyment of the Website;
• is irrelevant to serious or life-threatening illness;
• 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 Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website and Can-Survive accepts no responsibility for third party use of that Content. Whilst under no obligation to do so, Can-Survive retains the right to review, edit, and remove any information whatsoever from any part of the Website at any time and without notice to you.
If you access any personal information about other individuals through the Website, 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 Website, you are solely responsible for any use of the Website 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 this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

7 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 this Website as well as this Website 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 Website 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.

8 Warranties

While we have made every effort to ensure that the Content is free from error, Can-Survive does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Website. 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. Can-Survive does not warrant that this Website or any linked websites will be free from viruses or defects.

9 Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Can-Survive, 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 this Website, to any material on linked websites, or to access or use of the Website 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 the Trade Practices Act 1974 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.

4 Indemnity

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

5 Copyright and trade marks

Copyright in the Content on this Website is owned or licensed by Can-Survive, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on this Website 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 Can-Survive or our licensor(s) (as appropriate).

Can-Survive, Life Goes On and associated trade marks are trade marks of Can-Survive. Other trade marks used on this Website are owned by Can-Survive or third parties. You must not use any trade marks used on this Website without the consent of the trade mark owner.

6 Acceptance and changes to these Terms of Use

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

7 Jurisdiction

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

Version 1 – 15/04/2008