Terms of Use

The site at www.fnqhf.org.au and www.fundraising.fnqhf.org.au (“Site” being either or both as the context requires) is owned and operated by Far North Queensland Hospital Foundation ABN 42 980 569 986. Your access to and use of the Site is subject to the terms of this TOU. By using the Site, You have accepted and agreed to this TOU. PLEASE READ THIS TOU CAREFULLY BEFORE USING THE SITE.

We may amend this Terms of Use (TOU) at any time at Our discretion. Please review the TOU periodically as Your continued use of the Site indicates Your agreement to any changes made. Any amended terms of the TOU shall automatically be effective from the time and date of publication (unless otherwise stated). If You do not agree with such amendments, You must cease to use the Site.

For any enquiries regarding these Terms of Use, please contact:

CEO Far North Queensland Hospital Foundation PO Box 957, Cairns QLD 4870

Phone: (07) 4226 6553

Email: ceo@fnqhf.org.au

1. DEFINITIONS & INTERPRETATION

1.1 Definitions

In this TOU unless inconsistent with the context or subject matter:

(a) “Content” includes any material, text, information, graphs, pictures, tools, sound, graphics, video and other data forming part of or contained in the Site from time to time whether in written form or otherwise;

(b) “Intellectual Property” means all intellectual and industrial property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, designs, trade marks, brand names, product names, domains, know-how, source code, processes, concepts in the Site including the Content, the name “FNQHF” and includes all associated business names and trade marks and other proprietary rights and any right to have information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of this TOU but excludes any User Information;

(c) “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production, loss of life and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen Sites or other data production stoppage, or consequential or indirect loss or damage howsoever arising or caused, including, without limitation, negligence, tort, contract or statute;

(d) “Registered User” means a person who properly registers to use the Site including to make a donation or to become a supporter;

(e) “Site” means the website and all Content at any domain owned by Us;

(f) “User Information” means any information (including Your name, address, telephone number, email address, postal address, applicable billing information and other personal information) or documents supplied to Us or the Site by You or on your behalf;

(g) “You” and “Your” means any person who uses the Site or any part of it, for any purpose whatsoever and includes a Registered User.

1.2 Interpretation

In this TOU, unless inconsistent with the context or subject matter:

(a) a reference to a person includes any other legal entity;

(b) a reference to a legal entity includes a person;

(c) words importing the singular number include the plural number;

(d) words importing the plural number include the singular number;

(e) the masculine gender must be read as also importing the feminine or neuter gender;

(f) a reference to a party includes the party’s heirs, executors, successors and permitted assigns;

(g) headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of User is used, in which case clauses under that subheading relate to the party referred to in the subheading;

(h) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;

(i) a reference to a statute includes all regulations and subordinate legislation and amendments;

(j) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;

(k) a reference to a monetary amount is a reference to an Australian dollar amount (unless otherwise specified);

(l) an obligation of two or more parties binds them jointly and each of them severally;

(m) an obligation incurred in favour of two or more parties is enforceable by them severally;

(n) references to time are to local time in Queensland (AEST);

(o) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;

(p) a reference to a business day means any day on which trading banks are open for business in Queensland;

(q) if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;

(r) a reference to a month means a calendar month; and

(s) a reference to data includes metadata.

2. GENERAL

2.2 You acknowledge and agree with Us that You will not, as a result of being granted a non- exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Site, Content or any part of it, other than the non-exclusive rights granted in accordance with this TOU.

2.3 Any use of the Site not specifically permitted, designed or intended is strictly prohibited.

2.4 In order to use the Site, You require the equipment and connections necessary to access the World Wide Web. You are responsible for:

(a) the provision of any such connection or access to the World Wide Web;

(b) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and

(c) the provision of all equipment necessary for You to make any such connection to the World Wide Web, including a computer and a modem.

2.5 Nothing in this TOU or Your use of the Site or activities as a Registered User establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.

2.6 We may organise events, functions, or programs. You participate in Our events at your own risk and should refer to specific terms and conditions for each event. We recommend You consult with a health care professional before participating in events that require physical exertion.

3. REGISTERED USERS

3.2 Accessing or using the Site as a Registered User is personal and is limited to the individual Registered User. Disclosure of Registered User password to any third party is prohibited.

3.3 Only a Registered User is permitted to make donations or to purchase raffle tickets or merchandise from Us via the Site.

3.4 Payment of any donations, fees or other amounts must be made in the time and manner set out on the Site from time to time which includes processing via a third party processor. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time). You acknowledge that You are responsible for any fees or charges incurred.

3.5 Except for any statutory rights which are unaffected, You agree that all payments are non-refundable.

4. USER INFORMATION

4.2 You warrant that all User Information You provide;

(a) Is up to date, accurate and complete; and

(b) Is not false or misleading.

4.3 You are responsible for ensuring that we hold your current, accurate and complete contact and payment details at all times. Any changes must be notified to us as soon as possible.

5. YOUR OBLIGATIONS

5.1 You must comply with all clauses of this TOU and all other terms and policies incorporated by reference. You must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding Your use of the Site.

5.2 Your access to and use of the Site, the Site, and any User Information, must not:

(c) be false, inaccurate or misleading;

(d) be fraudulent or deceptive;

(e) impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity;

(f) infringe any third party’s copyright, patent, trade mark, design, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;

(g) violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law such as the Competition and Consumer Act 2010 (Cth));

(h) be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;

(i) be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;

(j) contain comments of a religious, political or social nature;

(k) contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Site;

(l) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

(m) create liability for Us or cause Us to lose (in whole or in part) the Site of Our internet service provider, other Users or other suppliers;

(n) damage the credibility or integrity of the Site or Us;

(o) breach or violate any policy or law;

(p) link directly or indirectly to or include anything that:

(i) You do not have a right to link to or include;

(ii) could cause Us to violate any applicable law, statute, ordinance or regulation.

5.3 You acknowledge and agree that You must not:

(q) commit or permit any act which may interfere with the access to or use of the Site by any other user;

(r) use the Site to send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation to any person or company;

(s) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site or any Site through any means;

(t) tamper with, hinder the operation of or make unauthorised modifications to the Site, the Site or any part thereof;

(u) damage or modify the Site or any part thereof;

(v) reverse engineer, decompile or disassemble the Site, the Site or any part thereof;

(w) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site, the Site or any part thereof; or

(x) modify, alter, adapt, disassemble, reverse engineer, decompile or amend any Content or any part thereof in any way.

6. NATURE OF SITE AND OFFERINGS

6.2 We are not responsible under any circumstances, including negligence, for any errors or omissions, or for the results obtained from the use of the Site or any Content. In no event will We or any Related Entity, officers, directors, agents, employees, consultants or contractors be liable to You or any third party for any decision made or action taken or omission in reliance on the Site or any Content provided or for any Loss, even if advised of the possibility of such damages.

6.3 We have exercised Our best efforts and judgement in developing the Site and Content and compiling the information on the Site to ensure the information is correct, current and complete, however You acknowledge that:

(a) You access the Site at your own risk;

(b) the Site is provided for information and general guidance purposes only and does not constitute medical, health or other professional advice; and

(c) the Site may provide suggestions or other information which is not guaranteed to meet or satisfy Your specific or third party requirements;

(d) We do not warrant that the Content provided is current, accurate, or complete;

(e) We do not endorse third-party information provided on the website and You access such information at your own risk.

(f) Users should seek independent medical advice before using any health-related information from the Site.

7. INTELLECTUAL PROPERTY

7.1 The Site and all parts thereof, including the Content, are protected by copyright and other proprietary rights and remain the property of Us or, where applicable, our respective licensors.

7.2 You acknowledge and agree that We own or licence the Intellectual Property in the Site and that no right, title or interest in any of the Intellectual Property is transferred or granted to You other than the limited licence rights granted expressly by this TOU.

7.3 Without limitation, You must not:

(a) copy, reproduce, resell, distribute, or share our Content in whole or part, whether in original form or amended in any way, without our prior written permission;

(b) Must not use our Content for any commercial purposes whatsoever.

7.4 You must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as Your own. You undertake not to take or permit or omit any action which would or might:

(a) invalidate or put in dispute Our title in the Intellectual Property or any part of it;

(b) oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;

(c) support any application to remove or undo Our title in the Intellectual Property or any part of it; or

(d) assist any other person directly or indirectly in any of the above.

7.5 Without limitation, the FNQHF logo and name are owned by Us, and may not be used as part of Your business or in connection with any goods or services without prior written consent which shall be given, given with conditions or withheld at Our absolute discretion. Affiliates using the FNQHF logo with Our consent must adhere to the following minimum conditions:

(a) We are not responsible for any errors or omissions resulting from logo use;

(b) Affiliates must not imply endorsement of products or services.

(c) Affiliates must not associate the logo with cigarettes, drugs, or alcohol.

(d) Affiliates must use approved wording to promote FNQHF, such as:

“The Far North Queensland Hospital Foundation is dedicated to improving health care services in Far North Queensland. Your support helps us continue our vital work. Visit fnqhf.org.au to learn more or call (07) 4226 6327 to donate.”