Terms Of Use

Operation of these Terms of Use

By completing and submitting a Registration Form ("Registration Form"), you agree that these terms (the "Terms") create a legally binding agreement between you and the Cancer Institute (NSW), a corporation established by the Cancer Institute (NSW) Act 2003 (the "CINSW").

Eligibility for Registration

Registration is open to anyone. If you are under 18 years old at the date you submit a Registration Form, you must have your parents' or legal guardians' consent to register and these parents or legal guardians must agree to ensure that you comply with the Terms. The CINSW will not be liable for any expenses or liabilities incurred by a parent or legal guardian in connection with your Registration.

The CINSW reserves the right, at any time, to request that you provide proof of identity. Proof considered suitable for verification is at the absolute discretion of the CINSW. If you cannot provide suitable proof, the CINSW may, in its absolute discretion, block or cancel your registration to the iCanQuit™ website (the "Website") and remove or delete all entries or material ("Your Material") posted on the Website without any liability whatsoever.

Acceptable Content

It is prohibited to upload, communicate or publish on this Website entries, comments or any other materials (including links to other websites) which:

  • are discriminatory, racist, hateful, violent, threatening, abusive, defamatory, disparaging, obscene, vulgar, feature nudity or are pornographic, profane or indecent or are otherwise unlawful;
  • infringe any other person's copyright, moral rights or other intellectual property rights;
  • contain spamming or advertise or are otherwise designed to sell a product or service or increase traffic to any other website;
  • promote smoking or the use of tobacco.

The CINSW reserves the right to remove any entries, comments, descriptions or other materials uploaded, communicated or published on the Website which the CINSW considers (in its absolute discretion) objectionable or in breach of the these Terms. This decision is in the CINSW's absolute discretion and no discussions or correspondence will be entered into.

Acceptance of Registration Form and entries

You will be notified by email to your email address specified in your Registration Form that your entry has been received within no longer than 24 hours of submission of your Registration Form.

CINSW intends that Materials meeting these Terms will be uploaded to the Website immediately and in any event within no more than 24 hours of their submission. However, CINSW reserves the right, in its absolute discretion and without need to give reasons, not to upload an entry to this Website, or within this period, for any reason, and to remove an entry at any time for any reason.

Amendment of registration information and Materials

You can change information provided as part of your personal profile on the iCanQuit website at any time.

Otherwise, any request to correct or update any incorrect information should be made to the Webmaster at: prevention@cancerinstitute.org.au

Requests to delete information provided to CINSW may be made by contacting the Webmaster at: prevention@cancerinstitute.org.au

Complaints and requests to remove contents

Whilst every effort is made to review and vet entries on the Website, you acknowledge and agree that entries may not be reviewed by the CINSW outside of normal business hours (including weekends and New South Wales public holidays), in which case entries will be vetted on the next business day.

If you consider any entry to be in breach of these Terms (including where you consider that your or any other person's intellectual property rights have been infringed or that your privacy has been compromised), you may lodge a complaint with the Webmaster at: prevention@cancerinstitute.org.au

Entrant's Representations and Warranties

You represent, warrant and agree that:

  • all the details in the your Registration Form are complete, true and correct at the date you submitted the Registration Form;
  • in registering to this Website and submitting Materials you do not represent any interests (including marketing, promotional or other commercial interests or not-for-profit or political interests) other than your personal interests;
  • you are the sole owner of the copyright in the Materials you submit to this Website and that Your Material is original to you and does not otherwise infringe any intellectual property or other rights of anyone, including but not limited to, copyright, trademarks, trade secrets, privacy, publicity, personal or proprietary rights. Without limiting this, you have obtained all necessary permissions from each person whose intellectual property is reproduced in Your Materials to enable you to comply with these Terms, including, but not limited to, granting the licenses required by these Terms;
  • Your Material does not contain any malicious software, viruses or code designed to cause any computer, server or system to operate other than as intended or to permit unauthorised access to, or control of, any computer, server or system;
  • Your Material does not defame, misrepresent, contain disparaging remarks or other content that could adversely affect the name, reputation or goodwill of anyone or contain pornographic or hateful content that promotes violence or harm or other offensive, obscene or inappropriate content or contravene any other law;
  • Your Material is not the subject of any other third party agreements that would prevent its use according to these Terms or require the CINSW or anyone else to pay any third party for this use.

You unconditionally indemnify the CINSW (which term includes the CINSW's officers, employees, contractors and agents) and you must pay the CINSW on demand the amount of all losses, liabilities, expenses and taxes that the CINSW may suffer (including the cost of settlement and any legal expenses on a full indemnity basis) because any of your representations or warranties are incorrect, you breach these Terms, or because of a claim or proceeding by another person against the CINSW that you have caused or contributed to.

Copyright ownership and consents

As between you and the CINSW, you (and any others who contributed to the entry such as by supplying any copyright material included in Your Material posted on the Website) retain ownership of any copyright in Your Material. You place material on this Website at your own risk. The CINSW does not take responsibility for any unlawful or other use of entries or comments by any other person.

You must not post a photograph which features any person other than yourself.

The CINSW will, wherever reasonably possible, attribute an entry using the display name(s) supplied with the entry. However, to the extent permitted by applicable law, you (and any others who are featured in or contributed to the entry) agree that the CINSW may reproduce, publish, and communicate to the public Your Material with or without attribution of authorship. To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents, to additions to, deletions from and other alterations or modifications of, Your Material that would otherwise infringe moral rights established by the Copyright Act 1968 (Cth) for the benefit of the CINSW, and any person claiming an interest in Your Material through the CINSW.

License to use submitted Materials

You grant to the CINSW an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence (with the right to sub-licence) to reproduce, publish, communicate to the public, adapt, and otherwise exploit Your Material in all media whether known now or developed in the future (for example by displaying the entry on this Website or on any other website operated by the CINSW, on "Facebook", "Twitter", "Youtube", "Flickr" or on any other website, or by communicating your entry to others by email, by mobile phone, by radio, television or print/online).

You grant to the CINSW an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence (which includes the right to sub-license) to authorise others to view and reproduce Your Material for government, personal, commercial or in-house use. Current and future sponsors of CINSW may use entrant material in any way they choose.

You must obtain all necessary irrevocable, perpetual, royalty-free, transferable, worldwide, non-exclusive licenses (which include the right to sub-license) in all of Your Material submitted to this Website, to enable the CINSW to exercise the rights granted to it by these Terms.

Exclusions and limitations of liability

Except for any liability that cannot be excluded by law, the CINSW, its officers, employees, contractors and agents, exclude all liability (including negligence, whether or not advised of or aware of the possibility of that liability), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of use of this Website, including, but not limited to, where arising out of the following:

  • any technical difficulties or equipment malfunction (whether or not under the CINSW's control);
  • any theft, unauthorised access or third party interference;
  • any unauthorised use of submitted Materials; or
  • any entry, (including comments and photographs) that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the CINSW) due to any reason beyond the reasonable control of the CINSW.

Registration cancellation and removal of Material

Your Registration Form may not be accepted and your registration to this Website may be cancelled at any time, if you do not complete all mandatory details in the Registration Form, you do not agree to these Terms, or your entry does not comply with the Terms.

If this Website is interfered with in any way or is not capable of being operated as intended for any reason beyond the reasonable control of the CINSW, the CINSW reserves the right, in its sole discretion, to the fullest extent permitted by law to:

  • disqualify any entrant; or
  • modify, suspend, terminate or cancel the operation of this Website or any part of the this Website; as appropriate.

Any cost associated with accessing the Website is your responsibility and is dependent on the internet service provider used.

You must not use any automated entry software or any other mechanical or electronic means that allow you to automatically enter Registration Forms or Materials repeatedly and the CINSW reserves the right to cancel all registrations and remove all entries submitted by such methods.

Rejection and removal of any entry or material at any time

Without limiting any other right provided for in these Terms or which CINSW otherwise has, CINSW may, for any reason whatsoever, or for no reason whatsoever:

  • refuse or otherwise fail to upload to the Website any entry or material; or
  • remove at any time any entry or material that has been uploaded to the Website.

Giving effect to these Terms

Any use by you of the Website is subject to these Terms and such use evidences your full acceptance of these Terms without anything further required.

Governing law

The laws in force in New South Wales, Australia, govern your use of this Website and these Terms. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in this State, and any courts that may hear appeals from those courts.

Privacy

By registering as a user of this website, you are taken to have agreed to the collection, use and disclosure of information set out in the icanQuit.com.au privacy policy, which can accessed through the following link:

www.icanquit.com.au/privacy

Please review this privacy policy before registering your account.