Use of Lung Foundation Australia Websites

Medical Information

Disclaimers – All websites

Warranties and Limitation of liability specific to Lung Foundation Australia webstore

Acceptable Use

Copyright statement

Changes

Webstore Returns and Refunds Policy

Webstore Terms and Conditions

Privacy Policy

1. Medical Information

1.1 Credit

This document was originally created using a template from SEQ Legal.

1.2  No advice

Our websites contain general medical information.  The medical information is not advice and should not be treated as such.

1.3 Medical assistance

You must not rely on the information on our websites as an alternative to medical advice from your doctor or other professional healthcare provider.  Your use of our websites is at your sole discretion and risk.  The content and information presented by Lung Foundation Australia through our websites is for your convenience only and is in no way intended to diagnose, cure, or treat any medical or other health condition.

If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition, you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our websites.

 

2. Disclaimer

 2.1 Warranties

While Lung Foundation Australia takes reasonable steps to ensure that the information on its websites is correct, it provides no warranty or guarantee that information (including medical information) is accurate, available, complete, reliable, adequate or up-to-date.  You must evaluate and bear all risks associated with the use or reliance upon any information on our websites.

The provision of any information or data on our websites relating to products or services offered by Lung Foundation Australia (including medical information) is done without any representation or endorsement made, and without warranty of any kind, whether express or implied, including but not limited to implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy.

Lung Foundation Australia makes no representations or warranties that our websites will meet your requirements, access will be continuous, uninterrupted, timely, secure or error or virus free, that defects will be corrected, or that our websites or the server that makes it available are free of viruses.

2.2 Liability

Lung Foundation Australia does not accept any responsibility or liability for any actions taken as a result of, or in connection with your use of or reliance on, information (including medical information) on its websites or accessed through our websites or any linked websites.

You obtain access to our websites at your own risk.  Lung Foundation Australia accepts no responsibility or liability for any loss, damage, cost or expense resulting from any interference, loss, damage or disruption to your computer system or data, delay in operation or transmission, communications failure, internet access difficulties or malfunctions in equipment or software which arises in connection with your use of our websites or any linked website.

Lung Foundation Australia does not accept liability for the security, authenticity, integrity or confidentiality of any communications made through our websites. You must take your own precautions to ensure that the process which you employ to obtain access to our websites or to use material downloaded from our websites does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or data.

2.3 External links

Lung Foundation Australia websites may contain links to other websites.  External links are provided as a convenience to site visitors only and are not under the control of Lung Foundation Australia.  They may not be current or maintained.  Lung Foundation Australia does not endorse, approve, recommend or accept responsibility for any externally linked site, its content, or any link contained in the linked site.

2.4 Warranties and Limitation of liability specific to Lung Foundation Australia webstore

These exist in addition to the other warranties, limitations and terms and conditions for all Lung Foundation Australia website. The Returns and Refunds Policy and Webstore Terms and conditions can be found here.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lung Foundation Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

3. Acceptable Use

Our websites may include interactive features that allow users to communicate with us and with other users.

You acknowledge that, because of the limited nature of communication through our websites’ interactive features, any assistance you may receive using any such features is likely to be incomplete does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

Lung Foundation Australia cannot confirm the identity of persons contributing to our websites and cannot prevent website users acting under false pretences. You must make your own inquiries and seek independent advice before acting or relying on any information or data on our websites.

Users may be required to agree to additional terms and conditions before being permitted to access certain parts of the Lung Foundation Australia websites.

Lung Foundation Australia does not warrant that any material or information or data you post to our websites will be protected against loss, misuse or alteration by third parties.

Lung Foundation Australia may modify or discontinue any information or features that form part of our websites at any time, with or without notice to you, and without liability.

Lung Foundation Australia reserves the right to end your permission to access or post contributions to our websites at any time if you do not comply with these rules.

3.1 Monitoring

You acknowledge that contributions posted or submitted via our websites are not necessarily screened by Lung Foundation Australia prior to posting or transmission and do not necessarily reflect the policies of Lung Foundation Australia.

Lung Foundation Australia reserves the right to monitor and analyse its websites for evidence of misuse and attempted or actual security breaches.  Except where content is submitted by a person acting on behalf of Lung Foundation Australia, Lung Foundation Australia nonetheless assumes no responsibility for contributions on our websites, no obligation to modify or remove any inappropriate contribution, and no responsibility for the conduct of the user posting or transmitting any contribution.

Lung Foundation Australia retains an absolute discretion whether to post any particular contribution to our websites and gives no undertaking that all contributions will be posted on our websites.

Lung Foundation Australia reserves the right to edit, restrict or remove any contribution posted to our websites, particularly if the contribution does not comply with this document.

3.2 Contributions

When posting your contribution to our websites, you must:

(a)take reasonable steps to ensure that your contribution is relevant and appropriate;

(b)not impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious. Making false, misleading or deceptive representations that you are another person or character can, in certain circumstances, amount to a criminal offence and give rise to civil liability;

(c) not abuse, stalk, harass, threaten or otherwise knowingly violate the legal rights of others;

(d) not post a contribution that is misleading, deceptive, false, inaccurate, defamatory or libellous;

(e) not use insulting, threatening or provocative language or language that is hateful towards a certain group of people;

(f) not incite hatred on the basis of race, religion, gender, nationality, sexuality or other personal characteristic;

(g) not transmit any message, data, image or program which is indecent, obscene or pornographic;

(h) not use our websites to conduct any illegal activity or solicit the performance of any illegal activity;

(i) not post to our websites any text, image, sound, video, program, hyperlink or other material that infringes the intellectual property rights of others;

(j) not infringe the moral rights of the creator of any material you post to our websites, by ensuring that:

(i) where it is reasonable to do so, you identify and correctly attribute the material to the person who created it;

(ii) the material is not falsely attributed to a person other than the person who created it without first obtaining the author’s written consent; and

(iii) the material is not distorted, mutilated, materially altered or otherwise dealt with such that the creator’s honour or reputation would be prejudiced without first obtaining the author’s written consent;

(k) not spam your contribution to our websites by sending multiple copies or versions of it;

(l) not post any unsolicited advertising or promotional materials;

(m) not distribute viruses or any other technologies that may harm us, or the interests or property of Users;

(n) not use any robot, spider, scraper or other automated means to access our websites for any purpose;

(o) not post contributions to our websites that contain or link to any commercial advertising material except as solicited by us; and

(p) respect the personal privacy of other persons and not include personal information about any other person (such as name, private address, email address or phone numbers) as part of any material or data you post to our websites if doing so would compromise the personal privacy of any other person.

You understand that all contributions posted or transmitted to our websites are the sole responsibility of the person from whom such contribution originates.

3.3 Confidentiality

Contributions to our websites are public and not private.  Lung Foundation Australia has no obligations of confidentiality in respect of contributions to our websites.

 

4. Copyright statement

Copyright in our websites, including text, images, software, logos, icons, and code, is owned by or licensed to Lung Foundation Australia.  Material procured from a third party may be the subject of copyright owned by that third party.

Subject to the next paragraph, when you post any material to our websites, you agree that you grant Lung Foundation Australia a royalty-free and irrevocable licence to do any act comprised in the copyright in the material you post, including to:

  • reproduce it;
  • publish it;
  • perform it in public; or
  • communicate it to the public by transmitting it electronically or making it available for access online; and
  • authorise other users of our websites to copy, download, print, transmit electronically or make the material available online for non-commercial purposes.

Where you do not own the copyright in the material, you must ensure that the owner of those rights or person authorised to sublicense those rights, grants the above rights to Lung Foundation Australia.

You may copy, download, print or reproduce material on our websites for non-commercial purposes, on the condition that you:

  • do not modify it;
  • do not make or sell copies of it for commercial gain;
  • do not include it as part of any product or service that you create or distribute;
  • do not infringe the moral rights of the creator of any material on our websites, by ensuring that:
    • where it is reasonable to do so, you identify and correctly attribute the material to the person who created it;
    • the material is not falsely attributed to a person other than the person who created it without first obtaining the author’s written consent; and
    • the material is not distorted, mutilated, materially altered or otherwise dealt with such that the creator’s honour or reputation would be prejudiced without first obtaining the author’s written consent,
  • ensure that reproductions of material continue to bear any notices attached to or contained in the material; and
  • include the following statement with material taken from our websites “Copyright in this work is owned by or licensed to Lung Foundation Australia and is reproduced with its permission.”.

For any other uses of the material on our websites other than those permitted above, you must obtain the express permission of Lung Foundation Australia.

 

5. Changes

Lung Foundation Australia reserves the right to change any information on its websites at any time and without notice in its absolute discretion. This includes any information about courses, merchandise, membership, fees, regulations and/or procedures.

Your continued use of our websites will signify your acceptance of any amendments.

If you believe any information on Lung Foundation Australia websites is inaccurate, out of date or misleading, please bring it to our attention by using the Contact link in the header of most Lung Foundation Australia web pages, or sending an email to enquiries@lungfoundation.com.au or by telephoning 1800 654 301 (toll-free within Australia).

 

6. Webstore Returns and Refunds Policy

Thanks for shopping at Lung Foundation Australia Shop.

If you are not entirely satisfied with your purchase, we’re here to help.

Returns

You have 60 calendar days to return an item from the date you received it. T-shirts and items of clothing must be returned within seven calendar days from the date you received it. Clothing will only be exchanged for the same item in another size unless this is unavailable in which case a refund may be offered.

To be eligible for a return, your item must be unused and in the same condition that you received it.

Your item must be in the original packaging.

Your item needs to have the receipt or proof of purchase.

Items may be replaced with an equivalent item based on availability of stock. If stock is unavailable, a refund will automatically be triggered.

Downloadable software products, online training or other electronic goods are excluded from this returns policy. Applications for refunds on these items must be submitted in writing (or via email) within 60 calendar days. These will be considered on a case-by-case basis and must be approved by the respective Director.

Sale items

Sale items can be refunded.

Refunds/Replacements

Once we receive your item, we will inspect it and notify you that we have received your returned item.

We will then notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a replacement or refund to your credit card (or original method of payment). You will receive the credit within two weeks, depending on your card issuer’s policies. Replacement items will sent based on availability of stock.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.

How to return your item

To return an item to us, please mail it to the following address:

PO Box 1949

Level 2, 11 Finchley Street

Milton, QLD 4064

 

Contact Us

If you have any questions on how to return your item to us, contact us via enquiries@lungfoundation.com.au or by calling 1800 654 301.

 

7. Webstore Terms and Conditions

OVERVIEW

This website is operated by Lung Foundation Australia. Throughout the site, the terms “we”, “us” and “our” refer to Lung Foundation Australia. Lung Foundation Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or area of residence, or that you are the age of majority in your state or area of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy available here.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lung Foundation Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 17 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.