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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:
2. Use of the Website Application and data
Relationship Checker Application
2.2 Limitations of Use
(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.
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 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:
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:
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
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)
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.
5.1 Governing law & Jurisdiction
5.2 Entire agreement
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
5.5 No waiver
5.6 Contact Details