Terms of Use for the mydrinkingchoices website and web-based application

Please carefully read these terms and conditions (Terms of Use) for use of the My Drinking Choices website (Website) and web-based application (Application).

1. Terms of Use

1. By displaying, using or subscribing to the Website or the Application, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your use of the Website and Application constitutes your acceptance of these Terms of Use, which takes effect each time you use the Website, including the date, if any, that you subscribe for email notifications. If you do not agree with these Terms of Use, you must cease using the Website immediately and cancel your subscription (if applicable).
2. The Website and Application is owned and operated by the State of Queensland acting through Queensland Health. The State reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Website to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the Website will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Website.
3. These Terms of Use also include the terms and conditions set out in the documents listed below:
   • Queensland Government (through Queensland Health) Privacy Policy
   • Queensland Government (through Queensland Health) Copyright page
   • Queensland Government (through Queensland Health) Disclaimer page
4. In these Terms of Use:
   • the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person or organisation accessing and using the Queensland Government (through Queensland Health) website;
   • the expression ‘we’, ‘us’, ‘our’ and “the State” means the State of Queensland (acting through Queensland Health);
   • the expression “the mydrinkingchoices website” or “the Website” means the mydrinkingchoices website, http://www.mydrinkingchoices.qld.gov.au
5. Definitions and Interpretation

   The expression “Terms” includes these terms and conditions governing your access and/or use of the Website, which may be accessed at the following web address: http://mydrinkingchoices.qld.gov.au/terms

   In these Terms:

   • “Claim” includes (and is not limited to) any claim, action, demand, application, proceeding, judgment, enforcement hearing or enforcement order.
   • “Content” means information, data or materials submitted by users of the Website for use by, on, or in connection with, the Website;
   • “Integrated Third Party Application” means an application, including a social media application, owned, operated and/or controlled by a third party not under the control of the State and which is accessible by way of the Website which:
     1. communicates or distributes Content, information, data and/or material submitted to the Website by a user or users of the Website for integration into a third party website, information repository or application for use by that website, information repository or application for its purpose/s whether or not the State is advised of the purpose/s; and/or
     2. communicates or distributes Content, information, data and/or material submitted to the third party website, information repository or application by a user or users of the same for integration into the Website;
   • “Intellectual Property” means any and all industrial and intellectual property rights of any kind (whether or not in material form) including:
   1. patents, trademarks, copyright (existing and future) and designs (whether registered or unregistered); any application or right to apply for registration in respect of the rights in sub-clause (i); and semi-conductor or circuit layout rights, database rights, software developments, computer programs (including both source and object codes), processes, rights in specifications, Inventions, specifications, formulas, confidential information, protectable know-how, research data, improvements in procedure, discoveries and similar rights, but excludes Moral Rights;
   • “Invention” includes any inventive or innovative step or improvement, source code, drawing, design, model, contrivance, structure, discovery, creation, idea, formula and other work or contribution;
   • "Moral Rights" means:
   1. the right of integrity of authorship, the right of attribution of authorship; and the right not to have authorship falsely attributed, more particularly defined in the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing before or after the date these Terms and Conditions are effected;
   • “Personal Information” has the meaning in the Information Privacy Act 2009 (Qld) which, at the time of formulation of these Terms, is information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
   • “Purpose” means to promote and encourage users to assess their alcohol consumption, provide relevant information, material and support services to users, and collect the results to learn about alcohol drinking behaviour and to use that data to guide future campaign direction;
   • “Relationship Checker” means the alcohol drinking quiz available on the Website for use by users of the Website who have used the Application;and
   • "State"means the State of Queensland acting through Queensland Health.

2. Use of the Website Application and data

2.1 Use

1. You may access the Website, to view, use and display the Website for your personal use only. You may use the Website to view information and material provided by us, to access to the My Drinking Choices Website and My Drinking Choices Web based Application. You may not use the Website for any other purpose
2. You acknowledge that you have no rights in, or to, the Website and Application or technology used or supported by the Website and Application, other than the right to use the Website and Application in accordance with these Terms of Use

Relationship Checker Application

1. The purpose of the Relationship Checker Application is to engage the user to take the survey and learn about their alcohol drinking behaviour.
2. The Relationship Checker Application manipulates the results by applying an algorithm which is reasonably based on scientific evidence current at the time of its publication.
3. The Relationship Checker Application is not intended to constitute a predictive, diagnostic or assessment tool for health care purposes and is not intended to provide or substitute medical advice or assistance from a health professional.
4. In addition to clause 3, the State makes no representations or warranties whatsoever as to the accuracy of the information generated by the Relationship Checker Application and disclaims all responsibility and liability in relation to:
   • the information generated by the Relationship Checker;
   • The Relationship Checker user’s decisions in connection with information generated by the Relationship Checker

2.2 Limitations of Use

You must:

1. use the Website and Application in accordance with these Terms of Use;
2. not communicate, reproduce, publish, license, , adapt or modify, or make, reproduce, publish, distribute, perform or communicate an adaption of, the whole or any part of the Website or Application in any way whatsoever;
3. not use the Website or Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Website or Application;
4. not use the Website or Application for a commercial purpose or in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Website or Application;
5. not use the Website or Application in any way that could damage, disable, overburden, impair or compromise the Website or Application;
6. comply with any applicable laws and regulations relating to downloading content or applications used or supported by the Website or Application.

2.3 Termination

(a) In addition to any other remedies the State might have at law, you agree that the State may cancel or suspend your subscription to the Website and Application at any time, with or without prior notice, without providing reasons, if the State considers at its absolute discretion, that you have breached these Terms, are likely to breach these Terms or otherwise poses or creates a privacy or security risk to any person, the State (including its related entities, directors, officers, employees, contractors, agents or representatives, whether in the course of their employment or otherwise), the Website, Integrated Third Party Applications, third party websites or information repositories or applications, the computer systems, applications, or networks of the State, where the nature of a ‘risk’ is determined at the absolute discretion of the State.

(b) We reserve the right to cease operating the Website and Application at any time, without notice, and to terminate this Agreement.

(c) At any time you may terminate this Agreement by ceasing your subscription (if applicable) and ceasing all use of the Website Application.

2.4 Intellectual Property

(a) The State is the owner of the Website and Application. All Intellectual Property in the information and material published on the Website or Application is owned by, or licensed to, the State. You agree that you will not reproduce, publish, distribute, communicate, adapt, modify, or make, reproduce, publish, distribute, perform or communicate an adaption of, the whole or any part of the Website, any content, information data or material available on or though it or any Integrated Third Party Application in any way whatsoever.

(b) You agree that you do not obtain any Intellectual Property rights in, or to, the Website or Application or any information, data or material contained in, accessible from, or transferred to, or from, the Website or any Integrated Third Party Application, its associated websites, information repositories or application whenever created.

(c) All Content in the Website and Application, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and Intellectual Property laws in Australia. You may not do anything which interferes with or breaches those laws or the Intellectual Property rights in the Website or any of its components, including the Application.

2.5 Privacy

You acknowledge that information about you, including information provided by you as a consequence of you obtaining access to, or using, the Website or Application, submitting Content to the Website or accessing or using an Integrated Third Party Application will be collected and held by the State for the Purpose, supporting the Website functionality (including the functionality of any Integrated Third Party Application) and providing you with information, data and/or material consistent with the Purpose.

The State may use your personal information in accordance with our Privacy Policy located at www.health.qld.gov.au/masters/privacy.asp.

The State protects, collects and manages your personal information in accordance with the Information Privacy Act 2009 (Qld). The State may be required to disclose personal information by applicable law, under compulsion of law by a court or government agency.

For information on how to gain access to your personal information, how we use your personal information, provision of contact details or other privacy matters, please see the link above to the Privacy statement.

3. Exclusion or warranties, liability, etc.

3.1 Exclusions of warranties

All content and services on or available through the Website and Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied, except any which may be implied by statute and are incapable of exclusion, in respect of the Website, the Application and the Content.

To the maximum extent permitted by law, the State excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, fitness for purpose or any other aspect of:

(a) any material and/or information in the Website and Application;

(b) the performance and availability of the Website and Application;

(c) any Integrated Third Party Application, including its associated websites, information repositories or applications;

(d) the loss, damage, corruption or degradation of any data or other material as a result of the use of the Website.

3.2 Exclusion of liability

To the maximum extent permitted by law, the State does not accept any responsibility and/or liability for any loss or damage whatsoever which is and/or may be suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of opportunity, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

(a) the access to, use of, reliance on, or action taken as a result of, any information or material in the Website and Application for your personal or business decisions or those of other persons or organisations or otherwise, whether such Content, information, data and/or material is posted by another user, the State (including the State’s related entities, directors, officers, employees, contractors, agents or representatives whether in the course of their employment or otherwise) or otherwise; (b) accessing, displaying and using the Website and Website and/or participating in any on-line activities related thereto; (c) any interruption, suspension or termination of the Website and Application in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network; (d) the unavailability, unsuitability and any connectivity problems and/or failures of the Website, the Application or any Integrated Third Party Application, its associated websites, information repositories or applications; (e) any decision to remove or amend Content; and (f) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Website the Application, viruses or any other technologically harmful material that may infect your computer or mobile device due to your use of the Website and Application.

3.3 Your risk

You acknowledge and agree that access to the Website and the Application is at your own risk. The State accepts no responsibility for any interference, loss, damage or disruption to your own computer system, mobile device or network you use to access or use the Website or the Application, any Content, information, data or other material on that system or network or otherwise which arises in connection with your use of the Website or the Application. You agree to take your own precautions to ensure that the process which you employ to obtain access to the Website and the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device or otherwise cause interference, loss, damage or disruption of any kind.

3.4 Release from claims and indemnity

You hereby waive, release, forgive, discharge and relinquish any and all Claims that you may have against the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Website and the Application, including but not limited to accessing or downloading any information and materials in or from the Website or the Application, or submitting or accessing any Content, information, concepts, data or other materials to the Website or the Application.

You release and indemnify the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:

1. (a) any loss or damage or liability for any loss or damage incurred by you and/or the State; and (b) any loss, liability, Claim, demand, damage or expense (including legal fees on a solicitor client basis) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with; (i) your use of the Website or the Application (including the Integrated Third Party Application or any linked website; (ii) your use of, or reliance on, information contained in or accessed through the Website or the Application; (iii) breach by you of the Terms of Use; or (iv) the use of your Content or any other information, data or material concerning you on the Website, by any other person, including through any Integrated Third Party Application, its associated websites, information repositories or applications.

3.5 Software viruses, etc

Without limiting the above, the State does not warrant that the Website or the Application, the server on which the Website is hosted, information or material available for download, is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, the State excludes to the maximum extent permitted by law, any liability for any loss suffered as a result of any such viruses, malicious code, spam or other defects.

3.6 Downloadable material

We make downloadable documents, software and other materials available under the following conditions:

1. Downloadable material within the Application is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile device and software systems and those of any other person.
2. You agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material.
3. If you provide the downloaded material to another party you should bring the other party’s attention to these conditions.

3.7 Health and medical

Information provided by the Website and Application is made available for the benefit of the public and is not intended to provide or substitute medical advice from a health professional. We strongly recommend that you to seek advice from a qualified health care professional before you make changes to your health habits/plans. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Website or the Application.

3.8 Exclusion of liability – scope

The exclusion of liability applied to these Terms of Use applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the State and/or Queensland Government has been notified of the possibility of such loss or damage.

3.9 Your contribution to loss

You agree that any legal liability on the part of the State will be reduced by the extent, if any, to which you contributed to the loss.

3.10 Non-excludable liability (if any)

These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

4. Third party websites and applications

The Website and Application contains links to Integrated Third Party Applications, websites and mobile applications owned and operated by third parties, who are not under the control of the State.

The State does not approve, endorse, recommend or sponsor these linked sites and/or applications, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked websites and mobile applications, unless specifically stated.

You acknowledge and agree that Content, information, data and materials communicated from you to an Integrated Third Party Application may be transferred to, and viewable on, the Website or the Application and that that Content, information data and materials may be transferred to, and viewable on third party websites, information repositories and/or applications.

When an Integrated Third Party Application is integrated with the Website and/or Application, the State cannot disable that integration on a user by user basis.

The State is not responsible for the content of these linked websites and mobile applications and makes no representation as to the accuracy of any material on these websites or mobile applications.

The State, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third party websites and mobile applications, or reliance on the information contained within.

The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications.

5 General

5.1 Governing law & Jurisdiction

These Terms of Use shall be governed by and construed according to the laws in force in the State of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.

5.2 Entire agreement

This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the Website and Application and all previous representations and arrangements are superseded by these Terms of Use.

5.3 Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.

5.4 Invalid or unenforceable provisions

If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:

1. it is to be read down or severed to the extent of the invalidity or unenforceability; and
2. that fact does not affect the validity or enforceability of the remaining provisions.

5.5 No waiver

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.

5.6 Contact Details

Should you have any questions regarding the Terms of Use please contact the Website and Application administrator by emailing: info@healthier.qld.gov.au