Prostate Cancer Foundation of Australia

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Terms of Service

PCFA's Terms and Conditions

About this Website

These Website Terms of Use apply to the websites owned and operated by the Prostate Cancer Foundation of Australia Limited (ABN 42 073 253 924) as trustee for Prostate Cancer Foundation of Australia (ABN 31 521 774 656) (PCFA) under the domain names “PCFA.org.au” and “prostate.org.au” and “onlinecommunity.pcfa.org.au” (referred to hereafter as the Websites).

Your use of the information, graphics, text, software and materials (Content) on the Websites is governed by these Terms of Use and by using the Websites you agree to be bound by these Terms of Use.

Australian websites

The Websites may be accessed throughout Australia and overseas. PCFA makes no representation that the Content on the Websites complies with the laws of any country outside Australia. If you access the Websites from outside Australia, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the Content contained in the Websites is in compliance with all laws in the place in which you are located.

Information available at the Website

The Websites provide general information about PCFA and PCFA’s various programs, services and activities, as well as interactive facilities and content generated by users of the Websites.

The Websites may contain Content on issues relating to prostate cancer, for general educational and informative purposes only. The Content is generic and does not take into account the circumstances, physical wellbeing 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. Our online forum is for you to share experiences with others and does not contain specific medical, counselling, or legal advice. If you require professional advice specific to your individual circumstances we encourage you to see a medical professional, legal professional, or counsellor.

User conduct

You are responsible for all of activity that occurs under your login when accessing the Websites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Websites. You may not, without our consent, post or transmit, or cause to be posted or transmitted any communication or solicitation designed or intended to obtain personal information or research participation from any Website user or direct another user to take medical action. The Websites are provided for personal, non-commercial use only unless we agree with you otherwise.

We may permit you to place Content on the Websites (including making dedications, posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in a 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, sub licence, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content; and sub licence any of those rights to third parties.
  • You acknowledge that Content that you send to, or attempt to include in a Website, may not reach or be correctly displayed on that 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, PCFA 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 Websites, for whatever reason.

You must not send any Content or links for inclusion on a Website which in any way whatsoever:

  • is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
  • 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;
  • violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
  • is defamatory, libellous, unlawfully threatening or unlawfully harassing;
  • is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
  • promotes, directly or indirectly, the use or supply of tobacco products or therapeutic goods or otherwise make available any unsolicited material or advertising;
  • impinges on any other user’s use or enjoyment of the Website;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • 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.
  • do not adhere to PCFA's five core values of Integrity, Optimism, Compassion, Respect and Commitment.

Any dedication or Content that you send to, or attempt to include in the Websites may be made publicly available to all users of the Website and PCFA accepts no responsibility for third party use of that Content. Whilst under no obligation to do so, PCFA retains the right to review, edit, and remove any information whatsoever from any part of the Websites at any time and without notice to you.

If you access any personal information about other individuals through the Websites, you must keep that information confidential unless you have their consent.

Photographs are not to be reproduced without the written permission of PCFA. All photographs uploaded onto the site must not in any way

  • violate 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;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • seeks to exploit or harm patients by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Websites. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

If we issue you with a password that permits you to access certain parts of the Websites, you must protect the security of your password and ensure that it is not easy for others to guess. You must also protect the security of your email account used to register, as we may send password reminders to that account where we are requested to do so on one of the Websites. You are solely responsible for any use of the Websites through such access, whether authorised or not.

Availability of the Website

As electronic services are subject to interruption or breakdown, access to the Websites are offered on an “as is” and “as available” basis. PCFA may withdraw the Websites at any time and without notice to you.

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.

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 the Websites as well as the Websites itself 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 Websites 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.

Warranties

While we have made every effort to ensure that the Content is free from error, PCFA does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Websites. 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 cannot be lawfully excluded, are excluded. All Content is subject to change without notice. PCFA does not warrant that the Websites or any linked websites will be free from viruses or defects.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, PCFA 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 the Websites, to any material on linked websites, or to access or use of the Websites 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 consumer protection laws 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.

Indemnity

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

Copyright and trade marks

Copyright in the Content on this Website is owned or licensed by PCFA, unless indicated otherwise. Except where necessary for viewing the Content on the Websites or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Websites 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 PCFA or our licensor(s) (as appropriate). Trademarks used on the Websites are owned by PCFA or third parties. You must not use any trademarks used on the Websites without the consent of the trade mark owner.

Acceptance and changes to these Terms of Use

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

 

I have read, understood and agree to follow all responsibilities as outlined in the PCFA Online Platform User Agreement. I understand that PCFA reserve the right to change this agreement at any time and I will be notified one week prior to any changes in this agreement.