Digital Terms of Use

These Digital Terms of Use (Terms) govern your use of this website at www.pbcf.org.au (Site). When we say ‘we’, ‘our’ or ‘us’, we mean the Prostate & Breast Cancer Foundation (PBCF) at Suite 506. 208 Forest Road, Hurstville NSW.

Acceptance

Please read the Terms before using the Site. By using the Site you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you should not use the Site. We may revise the Terms from time to time, and any revision is effective immediately. Continued use of this Site will mark your acceptance of the revised Terms.

Use of Content

Unless otherwise indicated by us, we own all intellectual property rights, including copyright to all Content on the site. Contant includes all text, graphics, images, artwork, photographs, pictures, trade marks, logos, computer code and other materials posted on the Site. We may choose to publish Content in which the copyright is not owned by us. When this is done, we ensure that the copyright owner is acknowledged.

Content may only be used for personal, educational or non-commercial purposes, and you agree not to:
(a) alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company appearing on the Site;
(b) copy, sell, reproduce, republish, transmit or distribute the Content or upload, post or display our Content on any other website or medium for publication or distribution or for any commercial enterprise;
(c) modify or edit the Content in any way; or
(d) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site.

Our approval of any fundraising activity does not constitute permission to reproduce or modify any of the Content on this Site and all requests for such permission must be approved in writing. The Content on this Site is for general information purposes only. We make no warranties or representations about the accuracy, reliability, currency or continuous supply of any of the Content on this Site.

As a user of this Site, you are required to make your own enquiries before entering into any transaction on the basis of, or in reliance upon the Content.
In the event that you find any inaccurate information on this Site, or have any complaint about what we have published, please emailus at info@pbcf.org.au and we will look into the matter and act as we consider appropriate.

Approved Instagram and Twitter content terms and conditions

When accepting rights requests you are allowing PBCF to use your content in future marketing campaigns with no copyright. Rights will be requested by PBCF via comments on your Instagram or social post, and require a response to approve use of your content. To agree to PBCF reusing your content simply reply using the hashtag #YesPBCF.

Copyright: Upon approval, photos become available for use by PBCF and each participant relinquishes any claims of ownership or rights therein upon approval of their content to be used.

Your Conduct

You must use this Site for lawful purposes only. You must not transmit via this Site any material which is illegal, threatening, abusive, defamatory, invasive of privacy rights, vulgar, disgusting, obscene or objectionable or which violates or infringes upon the rights of others.

Donations

Access to the PBCF website includes a “Donations” web page, is provided “as is” and “as available”. There is no warranty of any kind except for any which cannot be excluded by Australian law. PBCF does not guarantee such access, or that access will be either continuous, uninterrupted or secure. Mobile phone access is subject to network limitations and availability and factors beyond PBCF control.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of this Site, including contests, promotions or other similar features, all of which terms are form part of these Terms by this clause. You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of this Site or for any service offered on or through this Site, the latter terms will take precedence with respect to your use of that portion of this Site or the specific service.

Liability

Your access to and use of this Site is provided on an “as is” and “as available” basis. To the full extent permitted by law, we disclaim all conditions, warranties or rights of any kind in relation to products, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We are not responsible for any loss or damage caused by the Site, or a part of the Site being suspended, terminated or your access to and use of this Site limited, or for late delivery or cancellation of an order of a product, except as set out in these Terms.

While we exercise all due care we cannot and do not guarantee or warrant that the Site will be free of infection, viruses, hacks, bugs, defects, harmful components or any other codes that may have contaminating or destructive properties. We recommend the use and installation of up-to-date virus protection software on your computer prior to using the Site.

We also make no warranty that:
(a) the Site or products which you order through the Site will meet your requirements;
(b) the Site will be uninterrupted, timely, secure, or error-free; or
(c) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.
Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, at our option, to either:
(a) the re-supply of the products or services; or
(b) an amount equivalent to having the products or services re-supplied.

Except as expressly stated in these Terms and in respect of any liability that cannot be excluded by law, we will not be liable for any loss or damages of any kind (including any direct, indirect, incidental and consequential loss or damages) arising in connection with your access to, or use of, or inability to use the Site, the Content, including and linked websites, or products which you order through this Site. The foregoing applies whether such loss or damages arise under contract, in tort, in negligence, under statute or otherwise.

Indemnity

We rely on you observing these Terms at all times. You agree to indemnify and hold us and our officers, employees and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of the Site. The indemnity is this clause extends to and covers your breach of these Terms.

Third Party Sites

We may link this Site to other websites which are not under the control of, or maintained by us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we are not responsible for the content of such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site.

Links from External Sites

We may grant you permission to create a hyperlink from any other website to this Site, upon request. You must receive our permission in writing prior to posting such a hyperlink. All hyperlinks to this Site must point to www.pbcf.org.au and and any text-only link must be identified as ‘Prostate & Breast Cancer Foundation’. Any deviation from these Terms must be approved by us in writing.

Privacy

We are committed to respecting and protecting your personal information. Please refer to our Privacy Policyat www.pbcf.org.au/privacy to learn more about how we handle personal information. Should you have any questions in relation to our Privacy Policy please email info@pbcf.org.au.

General

These Terms between you and us are governed by the laws of New South Wales, Australia. You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts of New South Wales, Australia.

Although this Site can be accessed throughout Australia and overseas, we do not represent that the content of this Site complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Site from outside Australia, you do this at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect. These Terms comprise the entire agreement between you and us in respect to your use of this Site.