Terms and conditions

1. General

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Your use of shop.bandannaday.org.au, www.canteen.org.au, canteenconnect.org.au and parents.canteen.org.au (collectively, our website) is governed by:

• our website disclaimer, as set out below;
• our privacy policy;
• our terms and conditions of use, as set out below; and
• specific terms and conditions applicable to certain parts of the website, such as the Peer Community website and the Parents website,

(together, the Terms and Conditions).

By using this website you will be deemed to accept the Terms and Conditions and agree to be bound by them.

For the purposes of these Terms and Conditions, “Canteen”, “us”, “our” and “we” refers to The Australian Organisation For Young People Living With Cancer (ABN 77 052 040 516) (Canteen), as operator of this website, and “you” and “your” refers to you, the client, visitor, website user or person using our website.

We may change part or all of the Terms and Conditions at any time. The most current Terms and Conditions will always be posted on this website. Your subsequent or continued use of the website will constitute your acceptance of any changes made to these Terms and Conditions. If you object to any of the Terms and Conditions, or to any changes made to them, your only remedy is to immediately cease use of and access to the website.

2. Disclaimer

2.1  General disclaimer

The information contained in this website is for general information purposes only and is provided by Canteen our website is intended for use in Australia and New Zealand only.

To the fullest extent permitted by law, we disclaim all warranties, guarantees, conditions and representations, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose, or in relation to the completeness, accuracy, reliability, suitability or availability with respect to this website or the information, products, services, links, documents or related graphics contained on this website for any purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Any reliance you place on such information is strictly at your own risk. You need to make your own enquiries to determine whether the information, products, services, links, documents or related graphics contained on this website are appropriate for your intended use.

All information on this website is subject to change without notice.

We cannot guarantee that this website will be free from viruses, or that access to this website or a Third Party Site will function as intended or be uninterrupted. Since electronic services are subject to interruption and breakdown, access to the website is offered on an ‘as is’ and ‘as available’ basis only.

2.2 General information on our website

This section applies to all information on the website other than the Personal Counselling Services.

The information on this website is not medical advice. It is generic and does not take into account your personal circumstances, physical wellbeing, mental status or psychosocial requirements.

Do not use this information to treat or diagnose your own or another person’s medical condition and never ignore medical advice or delay seeking it because of something on this website.

Any medical questions should be referred to a qualified healthcare professional. If in doubt, please always seek medical advice.

3 Using our website

3.1 Your general responsibilities

You are responsible for:

(a) all of your activity on and in connection with the website;

(b) all of the your Materials that you submit into, or post onto, the website; and

(c) what you access on the website, how you interpret or use the website and any actions you may take as a result of using the website.

3.2 Other products or services not endorsed

We do not endorse or recommend any products or treatments referred to on this website.

3.3 Suspending your access and removing your information

You may stop using the website at any time for any reason, without notice to us.

We may terminate, disable, lock, block or suspend your access to the website:

(a) if we feel that your access is not in your best interest or the interest of others;

(b) if you breach, or we suspect on reasonable grounds that you have breached, these Terms and Conditions.

We may also remove information that you provide that we consider offensive or harmful or not in the best interest of others.

3.4 Linking your website or social media to our website

You may provide a link to this website from a third party website (Your Link), subject to the following conditions:

(a) you must notify us of Your Link and provide any further details that we request;

(b) you must clearly identify Your Link on the relevant website as a link to the website of “Canteen – The Australian Organisation for Young People Living with Cancer”;

(c) you must regularly check Your Link to ensure that it remains current;

(d) you must not provide Your Link in a manner that in any way disparages or may adversely affects our reputation; and

(e) you must not use Your Link for your own commercial or fundraising purposes.

We reserve the right to cancel our consent to Your Link at any time and, if we request, you must immediately remove Your Link to the website.

You acknowledge that we are not responsible for any information or material contained on any third party website.

3.5 Restrictions on use of website

You agree that you will not:

(a) use any information on this website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain; or

(b) use any device, software or process to interfere or attempt to interfere with the proper working of this website.

4 Intellectual property rights

This website contains material which is protected by copyright and other laws and which is owned by or licensed to us.

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to this website or the documents, information or materials on this website.

Except where permitted by law, where expressly provided to the contrary by these terms or where you have obtained our express written permission, you may not reproduce, publish, store, use, transmit or distribute by any means in whole or in part the documents, information or materials on this website for the purposes other than your own personal, non-commercial use. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

You may print or download content or materials to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal and non-commercial use, but only if you acknowledge this website as the source of the material.

5 Limitation of liability

Your use of this website is undertaken at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

It is your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge and that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6. Privacy

All personal information we collect from you will be handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.  For more information on how we handle your personal information please refer to our Privacy Policy at privacy-policy.

7.  Other websites and third parties

From time to time, we may provide on our website links to other websites, advertisements or information on those websites. We have no control over the nature, content and availability of those websites. The inclusion of any links to other websites, does not necessarily imply a sponsorship, endorsement or approval of those websites or the views expressed within them and we take no responsibility for the content found on those websites. The inclusion of any advertisements or information provided by third parties or on other websites does not mean that we endorse or recommend the advertisements or information, the advertiser or their products or services.

Certain tools, devices, software programs or other features (Tools) available on or through the website may also be provided by third parties. These Tools are provided or made available as a convenience to you. These Tools are not owned or operated by us and we are not responsible for examining or evaluating the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.

Canteen accepts no responsibility whatsoever for any communications, information or advice provided to you directly by third parties.

While all such third parties will often be subject to privacy and confidentiality obligations, Canteen will not be accountable for breaches of your privacy by those third parties.

8. Entire agreement

These terms and conditions represent the entire agreement between you and Canteen concerning your use and access to this website and your use and access to the documents and information on it. No other term is to be included in these Terms and Conditions except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are expressly excluded.

9. Unenforceable terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause does not apply in that State or Territory and is deemed never to have been included in these Terms and Conditions in that State or Territory.

Such a clause if legal and enforceable in any other State or Territory continues to be fully enforceable and part of these Terms and Conditions in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms and Conditions.

10. Your consumer rights

Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights that you may have under any law, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, which may not be excluded, restricted or modified by agreement (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

If you suffer any loss in connection with the website, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.

Subject to Your Consumer Rights, we are not liable for any loss that was not reasonably foreseeable to you and us or to the extent that your loss was contributed to by you or any other matter outside of our reasonable control.

11. Applicable law

These Terms and Conditions are governed by the laws of New South Wales, Australia. Both you and Canteen submit to the exclusive jurisdiction of the courts of New South Wales, Australia (and the courts of appeal from them).

12. Complaints

If you have a complaint or want to provide feedback about the website, you can contact our national office on the details below:

Email: [email protected]

Phone: 1800 835 932 (1800 TelWeb)

If you’re unsure about anything or would like to know more, just get in touch!

These terms were last updated on [28 November 2019].