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Website Terms and Conditions

This website www.ccs.org.au is provided by Childhood Cancer Support Inc. for your information, education, enjoyment and use. Please feel free to browse the website.

Please read these Notices and Terms & Conditions carefully. By accessing and browsing the website, you agree to accept, without limitation or qualification, the Privacy Policy (available by clicking the Privacy Policy link) and the Age Requirement, Legal Notices, Anti-Spam Notice and Website Terms and Conditions stated below.

AGE REQUIREMENT

YOU MAY ONLY ENTER AND USE THE WEBSITE IF YOU ARE AGED 16 OR OLDER. If you are under 16 years of age, you must have the express consent of a parent or legal guardian before using this website.

LEGAL NOTICES

If you are browsing this website, as a non-commercial consumer, you may access material displayed on the website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below.

If you are browsing this website as an employee/agent/member of any business or organisation, you may access or download material displayed on the website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you maintaining all copyright, trademark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the website. Additionally, you may not:

a)  distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the website for public or commercial purposes, including the text, images, audio, and video without Childhood Cancer Support’s prior written permission; or

b)  use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to any Childhood Cancer Support Inc., trade indicia, trademark, logo, product or brand without Childhood Cancer Support Inc.’s prior written permission.

Your access to and use of the website is also subject to the Website Terms and Conditions stated below and all applicable laws. The material on this website resides on a server in the state of Queensland, Australia. The law applicable to use of the material and to disputes arising out of the material is the state of Queensland, Australia.

ANTI-SPAM NOTICE

Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

WEBSITE TERMS AND CONDITIONS

All material on the website is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the website.

RESTRICTIONS ON USE

Material from the www.ccs.org.au or www.talklikeapirateday.org websites and any other World Wide Web website owned, operated, licensed, or controlled by Childhood Cancer Support Inc or any of its related, affiliated, or subsidiary formations (together, “Childhood Cancer Support Inc” OR “Talk Like a Pirate Day”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Childhood Cancer Support Inc.

HOWEVER; you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Childhood Cancer Support Inc. intellectual property rights. The material in this website is provided for lawful purposes only. If you download software from our website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Childhood Cancer Support Inc. Neither title nor intellectual property rights are transferred to you, but remain with Childhood Cancer Support Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

The information contained in this website is intended for use by persons resident in Australia. Any promotion, competition, product or service identified or contained in this website is subject to the applicable terms and conditions, which are available for download at the relevant page of this website promoting the applicable promotion, competition, product or service, or alternatively such terms and conditions are available upon request from Childhood Cancer Support Inc. via the “contact us” link.

RESTRICTION OF LIABILITY

Your use of the website is at your risk. Childhood Cancer Support Inc. (and its employees, servants or agents) makes no warranties or representations as to its accuracy and, to the extent permitted by law, Childhood Cancer Support Inc. (and its employees, servants or agents) specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Childhood Cancer Support Inc. (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Childhood Cancer Support Inc. has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all Childhood Cancer Support Inc. products displayed on the website are provided to you “AS IS” and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CHILDHOOD CANCER SUPPORT INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHILDHOOD CANCER SUPPORT INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CHILDHOOD CANCER SUPPORT INC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Statutory warranties that are implied under Part V Division 2 Trade Practices Act 1974 are not excluded if goods are of a kind ordinarily acquired for personal, domestic or household use.

To the fullest extent permitted by law, Childhood Cancer Support’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Childhood Cancer Support’s option, to: in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

Features and information of third party suppliers, third party products and/or services described or depicted on the website, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks are subject to change at any time without notice.

Childhood Cancer Support Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. Childhood Cancer Support Inc. also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Childhood Cancer Support Inc. through this website (together, the “Submission”) will forever be the property of Childhood Cancer Support Inc. Childhood Cancer Support Inc. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Childhood Cancer Support Inc. operations. Without limitation, Childhood Cancer Support Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Childhood Cancer Support Inc. will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this website is provided voluntarily by a visitor to this website.

For full details regarding Childhood Cancer Support’s treatment of personal information, please see Childhood Cancer Support’s Privacy Policy. Information submitted via a number of areas in this website is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Childhood Cancer Support Inc. have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Childhood Cancer Support Inc. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Website Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statues.

JURISDICTION

Except as described otherwise, all materials in the Childhood Cancer Support Inc. website are made available only to provide information about Childhood Cancer Support Inc. Childhood Cancer Support Inc. controls and operates this website from Brisbane, Australia and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws.

DISCLAIMER

Childhood Cancer Support Inc. is not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk. While Childhood Cancer Support Inc. may provide links on this website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, Childhood Cancer Support Inc. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

Although Childhood Cancer Support Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Childhood Cancer Support Inc. is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, Childhood Cancer Support Inc. from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Childhood Cancer Support Inc. arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Website Terms and Conditions.

Childhood Cancer Support Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Childhood Cancer Support Inc. to disclose the identity of anyone posting such materials. In addition, you will not:

a)  Restrict or inhibit any other user from using or enjoying the website;

b)  Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or

c)  Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.

Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. Childhood Cancer Support Inc and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service.

TERMINATION

Childhood Cancer Support Inc. or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Childhood Cancer Support Inc. sites, and (b) all related documentation and all copies and installations (together, the “Materials”). Childhood Cancer Support Inc. may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Queensland, Australia, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this website.

Childhood Cancer Support Inc. may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms & Conditions link.

TRADEMARK INFORMATION

Trade Mark No. 1530253 CERTIFIED ©2012 Talk Like a Pirate Day for Childhood Cancer Support Inc; Trade Mark No. 1456055 CERTIFIED ©2011 Childhood Cancer Support Inc.; Trade Mark No. 1056431 ©2005 Camp CRYSTAL for Childhood Cancer Support Inc.

Only intended for Australian residents. All other trademarks are the property of the respective trademark owners.

©1976 Childhood Cancer Support Inc. All rights reserved.

ABN: 45 914 790 985
DGR: 900367082
Registered Charity Number: CH0767
Incorporated Association: IA08153