Terms & Conditions

Smarter than Smoking - Future In Your Hands Website Terms and Conditions of Use

Acceptance of website Terms and Conditions of Use

By using this website you agree to abide by these Terms & Conditions.  The Heart Foundation may, without notice, amend or modify its Terms & Conditions by posting the amended Terms & Conditions to this website.

If any of these Terms & Conditions is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of the Terms & Conditions, which will continue in full force and effect.

When uploading content…

Where we allow content to be uploaded on our websites we encourage you to upload content in any way you wish – by adding text comments, images or videos.  However, we just need you to consider a few simple rules:

• Any content you submit may take between one and three days to approve before publishing on the site.  We do welcome and encourage many opinions, but we need to approve all uploads so we don’t expose you to inappropriate content.
• Please be mindful of the rights of others – Make sure you have permission before posting photos or footage of other people.
• We will not approve content that has been assigned to an incorrect topic. When uploading comments, images or videos please make sure you upload your content to the correct topic.
• We will not approve any content that:
  • identifies a person, including:
  1. Surname
  2. Do not include your teachers name or the Surname of family or friends
  3. Address
  4. Phone number
  5. Email address
  6. Details and/or logins for other sites (e.g. Facebook, Twitter, MySpace)
  7. Details of the person’s school and places where they go frequently (e.g. after school)
  • we consider involves bullying, racism, homophobia, defamation, abuse, harassment, derogatory language or behaviour, nudity, sexism, offensive language/swearing, menacing or offensive behaviour;
  • we consider involves illegal activities, promotion or encouragement of illegal drug usage, promotion or encouragement of alcohol or underage drinking of alcohol, promotion or encouragement of gambling, promotion or encouragement of any activities deemed as illegal or unsuitable for children under the age of 16; o       is SPAM, advertising content or irrelevant content;
  • includes footage from TV or movies;
  • is a breach of Australian or international copyright regulations;
  • is a repeat or replica of an existing comment, image or video;
  • a posting by a tobacco company or a company that has an interest in promoting tobacco;
  • continued posts that encourage the smoking of cigarettes;
  • provision of incorrect or misleading health advice or information that may cause adverse health impacts if followed by others;
  • content we feel is unsuitable for kids under the age of 16 years.

Ownership

This website is owned and operated by the National Heart Foundation of Australia (Western Australian Division) ABN 99 863 968 377 (Heart Foundation, we, us and our). The Smarter than Smoking project is funded by Healthway and implemented by the Heart Foundation in collaboration with key health agencies in WA. These agencies include The Cancer Council WA, the Asthma Foundation, the Australian Council on Smoking and Health, Tobacco Control Branch (Department of Health), School Drug Education and Road Aware, the Child Health Promotion Research Centre (based at Edith Cowan University), the Health Promotion Evaluation Unit (based at University of WA) and the Aboriginal Health Council of WA.

Intended audience

This website may be aimed at persons under the age of 18.  If you are under 18 we suggest you obtain your parent or guardian’s consent before registering to use and interacting with this site.
All information provided on this website has been prepared in accordance with Australian law, and is intended for use by residents of Australia.  Persons residing outside of Australia use this website at their own risk, and should take into consideration the legislative requirements of their country of residence when accessing this website.  Should you choose to purchase products from the Heart Foundation or make a donation to us you should confirm that doing so will not constitute a contravention of the laws of your country of residence.

Restrictions on Use

All information provided on this website has been provided for personal and non-commercial use.  It is general information only, and should not be relied upon in lieu of professional medical advice.
Please consult your health care provider if you have, or suspect you have, a health problem.
The information on this website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.  Where the health information provided has been developed by the Heart Foundation, whether in its own right or in conjunction with any third party, that information is based on independent research and the available scientific evidence at the time of writing.  Inclusion of information on this website or links to third party sites is not an endorsement of any organisation, product or service.
While care has been taken in preparing the content of the health material and any other information provided on this website, the Heart Foundation and its employees, related parties, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators cannot accept any liability, including for any loss or damage, resulting from the reliance on the content, or for its accuracy, currency and completeness.
Any use of Heart Foundation materials or information by another person or organisation is at the user's own risk.

Intellectual Property

When uploading content to this site please do not post photos or footage of other people without consent, and do not upload any content that may infringe upon a third party’s copyright.
All Heart Foundation logos and program names are used under licence by the Heart Foundation, or are owned by the Heart Foundation, unless otherwise stated.
All content on this website including logos, brand names, text, photographs, information, statistics, images and other material is protected by copyright, trademark and intellectual property laws in Australia.
Logos used on this website must not be reproduced or used in any way unless the Heart Foundation provides its prior approval in writing.
Reproduction of any part of this website without the express permission of the Heart Foundation is illegal unless otherwise indicated.  Where reproduction is permitted, only one copy of the material may be made, and that copy may only be used for personal or non-commercial purposes.  Where reproduction is permitted you must not amend or edit the material in any way, and the Heart Foundation asserts its right to be recognised as the author.

Indemnity, Disclaimer & Limitation of Liability

Whilst due care has been taken in the preparation of the content of this website we make no representations regarding the accuracy, currency or reliability of the information provided unless otherwise indicated, and note there may be errors, omissions and typographical errors contained in the material provided.
This website and the material it contains are provided on an as-is basis, and to the fullest extent permitted by law we disclaim all warranties.  In addition we do not warrant that this website is error free or that the website and/or the servers it is hosted on are free of viruses, Trojans or other malicious software.
The Heart Foundation and its employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators will not be liable for any loss or damage other than that which cannot be excluded by law arising as a result of use of this website or reliance on any information provided on this website.
You agree to indemnify the Heart Foundation including its employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage which it may suffer as a result of your use of this website.

Heart Foundation Programs & Merchandising

The Heart Foundation runs various programs, events and functions.  Should you choose to participate in or attend any of these programs or events you do so at your own risk.  Should the program or event you choose to participate in involve physical exertion or exercise, we recommend you consult your health care provider prior to commencement to determine the suitability of our program/event to your level of fitness.
Heart Foundation programs and events may have their own specific terms and conditions, which are separate and in addition to these website Terms & Conditions.  Where an inconsistency exists between the program/event Terms & Conditions and these website Terms & Conditions, the program/event Terms & Conditions will prevail.
The Heart Foundation may from time to time make available for purchase on its website/s certain merchandise (including but not limited to booklets & brochures, clothing, DVDs/Videos, pens, drink bottles and personal accessories).
Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) a number of Consumer Guarantees may attach to goods purchased through the Heart Foundation’s websites from 1 January 2011 onwards.  Should you have any queries or concerns regarding goods purchased through our websites please email SMART@heartfoundation.org.au
Unless otherwise provided for, we expressly limit our liability for breach of a consumer guarantee to the provision of a full refund of the purchase price, or the repair or replacement of the goods or supply of equivalent goods at our sole discretion.
All prices listed on this website include GST where it is applicable.

Hyperlinks, Advertising, Sponsors & Third Party Content

This website may contain the content of third parties (Third Party Content).  This content may include, but is not limited to hyperlinks to external (third party) websites, paid advertisements and mention of program sponsors.  None of these things is to be taken as an endorsement, recommendation or approval of the third party, advertiser or sponsor or their products or services.  The Heart Foundation accepts no responsibility for the accuracy, currency or suitability or otherwise regarding Third Party Content.  Any use or reliance on such content is at your own risk and the Heart Foundation does not accept liability for any loss, damage, costs or expenses arising as a result of the use or reliance.
Where hyperlinks to third party websites are provided, the Heart Foundation makes no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor does it warrant the third party website is free of viruses, Trojans or other malicious software.
Should you have any queries, concerns or complaints regarding a third party’s website please refer your query, concern or complaint to the third party.
The Heart Foundation logo must not be reproduced or used in any way unless the Heart Foundation provides its prior approval in writing.
Should you wish to provide a link to this website from another site you may do so provided you adhere to the following terms and conditions:
Terms and Conditions for providing a link to this website from another site:
Permission is granted to link to this website subject to the following terms and conditions:

1. No responsibility or liability lies with the Heart Foundation (or any employee, agent or servant) for any errors or omissions resulting from use of this website.
2. Under no circumstances should your site use the link to the Heart Foundation website to provide specific product or service endorsement or promotion. Nor should the link be placed to imply product or service endorsement or be associated with commercial interests.
3. The function of the Heart Foundation’s website includes the promotion of heart health to the
   • people of Australia and links to its website shall not imply directly or indirectly that cigarettes, drugs or alcohol are related to health promotion.
4. When applicable, the following wording is to be used to describe the website:
   • "Smarter than Smoking aims to prevent the uptake of smoking among 10 – 15-year-olds in Western Australia (WA).
The project is funded by Healthway and implemented by the Heart Foundation in collaboration with key health agencies in WA. These agencies include The Cancer Council WA, the Asthma Foundation, the Australian Council on Smoking and Health, Tobacco Control Branch (Department of Health), School Drug Education and Road Aware, the Child Health Promotion Research Centre (based at Edith Cowan University), the Health Promotion Evaluation Unit (based at University of WA) and the Aboriginal Health Council of WA.”
5. The Heart Foundation reserves the right to withdraw permission to link to this website at any time and the above named organisation agrees to remove any link to this website on receiving such notice from the Heart Foundation.
6. No information, in whole or in part, is to be copied from the website without the Heart Foundation’s prior consent in writing.

Privacy Notice

The Heart Foundation respects and upholds your right to privacy.  For further information regarding how we deal with your personal information please see our Privacy Notice at www.smarterthansmoking.org.au

Security of Information

The Heart Foundation’s Privacy Notice details how your visits to our website are dealt with, and can be viewed at www.smarterthansmoking.org.au

Contact Details

Should you have any queries or concerns regarding the Heart Foundation’s website Terms & Conditions please contact the Smarter than Smoking webmaster by emailing: SMART@heartfoundation.org.au