Terms of Use and Disclaimer

Terms of Use

These website terms of use (“Terms”) apply to this website which is operated by the Motor Neurone Disease of Association Queensland Inc. (“MNDAQ”) under the domain name www.mndaq.org.au (“the Site”).

Where in these Terms reference is made to “we, “us” or “our”, it means MNDAQ.

By proceeding past the homepage, you agree to accept these Terms and we agree to grant you a non-exclusive and non-transferable licence to use this Site in accordance with the Terms set out below.

Privacy Policy

MNDAQ treats personal data and information with respect and integrity. The Privacy Policy applicable to the Site explains how Personal Information will be treated as you access and interact with the Site. The Privacy Policy can be accessed elsewhere on this Site.

Information and Accessibility Disclaimer

The content of the Site has been developed by or sourced by MNDAQ or organisations that co-operate or partner with us.
MNDAQ has made its best efforts to ensure the information on this website is well balanced. Nothing that appears here is a recommendation to professionals nor can it replace the advice from your own doctor.

By viewing the Site, you must assess the appropriateness of the content, in the light of your own individual circumstances. MNDAQ accepts no responsibility for misuse of information.

MNDAQ cannot, and does not, make any representations or warranties about the suitability or accuracy of any advice, opinion, statement or any other information or content displayed or accessed through the Site.

This Site and its contents are delivered to you on an “as is” and “as available” basis only. The information and content on the Site, is provided as general information only.

The term partner in the context of this section does not infer a legal partnership between MNDAQ and the relevant organisation.

MNDAQ does not promise or warrant that the Site will be error-free or uninterrupted, and you acknowledge and accept that the information and content contained on the Site may include technical inaccuracies.

The Terms from time to time may be revised or varied without notice and such revision will take effect when it is posted on the Site. Your continued use of the Site will be regarded as your acceptance of the Terms as amended.

User Conduct

A condition of you using the Site is that you are responsible for all your activity in connection with accessing the Site. You warrant to MNDAQ that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Site.

You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain Personal Information from any Site user.

If MNDAQ issue you with a password that permits you to access certain parts of the Site, you are solely responsible for any use of the Site through such access, whether authorised or not.

It is a further condition of use of the Site that you must comply with all applicable local, state, national and international laws and regulations that relate to your use or activities on the Site.

We reserve the right to record potentially criminal activity to appropriate law enforcement agencies.

Links

We may provide links on the Site to the websites of third parties (“Links”). By accessing these Links, you agree and acknowledge that MNDAQ has no control over the third party websites and does not monitor or endorse the content or information on these third party websites. Third party websites may be governed by their own terms of use and privacy policies.

You may not create a link to the Site from another website or document without the prior approval of MNDAQ. If such approval is granted by MNDAQ, you must ensure that the links are presented in a way that fairly and accurately represents MNDAQ and the Site.

Liability Disclaimer

To the extent permitted by law, MNDAQ disclaims all warranties with respect to the information, applications, software, products (if any) and services contained on the Site and the use of the Site, including any implied warranty of merchantability or fitness for purpose.

In no event will MNDAQ, its officers, agents or employees be liable for any loss, costs, expense or damage whatsoever (including, but not limited to, special, indirect, consequential or incidental damages, damages for loss of profits, business interruption and loss of, or unauthorised access to, information) arising out of the use or performance of this Site, or the negligence of MNDAQ, its officers, employees or agents, whether in contract, at common law or in equity or on any other basis, even if MNDAQ has been advised of the possibility of such damages. MNDAQ accepts no responsibility, and will not be liable for, any damage to, or virus that may affect, your computer, equipment or other property due to your access or use of this Site, or due to you downloading any material, data, texts, images, video or audio from this Site.

To the extent that these Terms cannot lawfully exclude warranties or conditions by virtue of the Trade Practices Act 1974 (Cth), MNDAQ’s liability will be limited to the maximum extent possible.

If MNDAQ becomes liable for any breach of an implied condition or warranty, MNDAQ’s liability shall be limited (at its election) to one or more of the following:-

1. resupplying any goods or services; or
2. repairing the goods; or
3. paying the costs of having the goods or services resupplied or repaired.

Indemnity

You agree to indemnify and hold harmless MNDAQ and its officers, employees, agents, and contractors from or in respect of any claim, liability, cost (including legal costs on a full indemnity basis), expense, loss or damage (including pure economic loss) suffered or incurred (as the case may be) at any time connected with or arising out of any breach of these Terms or your use of this Site, including your use of the Site to upload or download content or other information to the Site or your access to third party websites from this Site.

Copyright and Trademark Notices

This Site, and the information and content displayed, is protected by copyright under Australian law. Unless otherwise stated, the information and materials displayed on this Site (including all editorial materials, information, photographs, illustrations, artwork, and other graphic materials, and names like logos and trademarks) are the property of MNDAQ.

Content and information on the Site may be copied and/or printed solely for personal, non-commercial use. You must not to reproduce, distribute, publish, broadcast or circulate any content or material from this Site without the express prior consent of MNDAQ.

Governing Law

These Terms are governed by and construed in accordance with the law of the State of Queensland, Australia. By accessing and using this Site, you expressly submit to the non-exclusive jurisdiction of the courts of the State of Queensland. If any of these terms are found to be invalid or unenforceable by a court, then that provision may be severed from these Terms, and such invalidity or unenforceability will not affect the remainder of these Terms, which will continue with full force and have full effect.