The Diabetes Australia – Queensland website (“the Site”) is owned and operated by the Diabetic Association of Queensland, trading as Diabetes Australia – Queensland (ABN 18 009 790 327) ("DAQ").
Your access to this Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as "Terms of Use"). Your use of, and/or access to, the Site constitutes your agreement to the Terms of Use. DAQ reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Site. The content of this Site may be changed, altered and updated from time to time. All such changes shall be subject to these terms and conditions.
These Terms of Use are in addition to DAQ's Privacy Policy governing the Site and should be read in conjunction with such Privacy Policy. DAQ will take all reasonable steps to abide by this Policy.
This website is provided by DAQ as a general information source only. You accept that any information provided by us is not in the nature of advice. DAQ makes no statements, representations, or warranties about the timeliness, accuracy, completeness or reliability of any part of the Site and you should not rely on any information contained in the Site.
Content pertaining to diabetes management techniques or other health information is not a substitute for the advice of a health care professional and should not be relied upon as the basis for any decision or action. If you are experiencing any particular health problems, you should consult your general practitioner or other qualified health provider. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you on this Site.
DAQ attempts to be as accurate as possible when providing descriptions of products, events and resources. However, DAQ does not warrant that descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If an item offered by DAQ itself is not as described, your sole remedy is to return it in unused condition.
DAQ disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way or otherwise misleading.
The accessibility and operation of the DAQ site relies on Internet technologies outside of the company’s control. DAQ does not guarantee continuous accessibility or uninterrupted operation of the Site. DAQ will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software. If you have difficulties accessing the Site please contact DAQ during business hours.
You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, DAQ does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked site.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
Where appropriate, DAQ uses available technology to protect the security of communications made through the Site. However, DAQ does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Site. Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, DAQ makes no warranties that the Site is free of infection by computer viruses or other unauthorised software nor warrant and can not ensure the security of any information you transmit to DAQ. DAQ will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software). Accordingly any information which you transmit to us is transmitted at your own risk.
DAQ is not responsible or liable for the availability or content of any other Internet site linked to or from the Site. Access to any other Internet site is at your own risk. If you create a link to the DAQ website you do so at your own risk.
DAQ reserves the right to object to any linking that infringes its rights. DAQ has not agreed to any conduct connected with a linked site which may be unlawful or an infringement of rights. Our links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and to the extent stipulated to the contrary.
DAQ materials, including software, source code, pages, text documents and online graphics, logos, icons, audio and video (“Content”) are protected by copyright law. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
(b) commercialise any information, products or services obtained from any part of this Site,
without DAQ's written permission.
Except where otherwise specified, any word or device to which is attached the Ô or â symbol is a registered trade mark.
If you use any of DAQ's trade marks in reference to our activities, products or Services, you must include a statement attributing that trade mark to us. You must not use any of DAQ's trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not DAQ's;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages DAQ or our information, products or Services (including this Site).
Unless DAQ agrees otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site.
The site contains electronic chat rooms and other communication facilities which provide for feedback by users to Diabetes Australia – Queensland, interaction between users (including individuals referred to as members and visitors) and notice services ("Communication Facilities").
Messages posted or transmitted via any Communication Facility are public and not private and can be viewed by members and visitors. All such messages may be viewed by DAQ without restriction. In posting messages or transmissions you agree to strictly limit yourself to discussions about the subject matter for which communication is intended.
DAQ does not endorse and has no control over the content of Messages posted or transmitted. Messages posted are the sole responsibility of the person from whom such Messages originate. DAQ accepts no responsibility whatsoever in connection with or arising from Messages posted or transmitted. You acknowledge that material you submit is not protected from loss, misuse or alterations by third parties.
DAQ has ultimate discretion to prevent members or visitors from posting or transmitting communications and to edit, restrict or remove such communications for any reason at any time and without liability. All communications submitted become perpetually licensed without fee to DAQ to use, copy, sublicence, adapt, transmit, distribute, assign, publicly perform, publish, display or delete as it sees fit.
Communications posted or transmitted are not necessarily screened by DAQ prior to posting or transmission and do not necessarily reflect the policies of Diabetes Australia – Queensland. DAQ makes no warranties, express or implied, as to the content of Messages in the Chat Room including the timeliness, integrity, accuracy, reliability or quality of those communications.
The user must evaluate and bear all risks associated with the use or reliance upon any communications. If at any time you object to any material within Diabetes Australia – Queensland’s communications facilities, your sole remedy is to cease using them.
If at any time DAQ elects (at its sole discretion) to monitor communication facilities, DAQ nonetheless assumes no responsibility for the content of the postings or transmissions, no obligation to modify or remove any inappropriate postings or transmissions, and no responsibility for the conduct of the member posting or transmitting any communications.
You agree to indemnify DAQ from any loss, damage, claim, cost and expense (including legal costs on a full indemnity basis) suffered or incurred by DAQ arising from a claim by a third party in connection with or arising from your use of a Communication Facility.
You agree that you will not post or transmit messages via any Communication Facility that:
is unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, constitute (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or are otherwise objectionable;
infringes any copyright, trademark, patent, design, confidentiality or other intellectual property rights of any other person;
impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
is for purposes of spamming or obstructing the normal operation of the DAQ site or another user of the Site’s computer facilities;
contains any virus or other harmful component;
is an invasion of privacy or any other third party rights;
is otherwise, within Diabetes Australia – Queensland’s reasonable opinion, not within the spirit of the Communication Facility;
is unsolicitored advertising or promotional material;
is material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party.
All amounts expressed or described on this Site are GST exclusive amounts.
If any GST (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time, ‘GST’) is payable by any party (‘Supplier’) in respect of the supply of any goods, services, real property or any other things to another party (‘Recipient’), then the amount expressed or described in this Agreement (‘Original Amount’) is to be increased so that the Supplier receives an amount (‘Increased Amount’) which, after subtracting the GST liability of the Supplier on that Increased Amount, results in the Supplier retaining the Original Amount after payment of that GST liability.
The Supplier will do all things reasonably available to it to assist the Recipient to claim on a timely basis any input tax credits (if any) the Recipient may be entitled to claim for any goods, services, or rights granted by or acquired from the Supplier. This includes the Supplier maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under this Agreement on a timely basis as reasonably requested by the Recipient.
The site contains facilities enabling on-line transactions such as event and membership registration, donations and product and literature orders which are available to users.
Transactions are made my completing an on-line registration and order forms including payment. You may print out your order form and post with payment to diabetes if you prefer. You warrant that information provided by you in your registration or order form is complete, current, accurate and is not misleading, and that you will not misrepresent your identity. You agree that DAQ may rely on that information in order to complete your transaction, and DAQ disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way or otherwise misleading.
You may offer to purchase goods and order products described on this Site for the price specified in this Site. Your order must contain your name, email address, credit card details and any other ordering information specified in the on line order forms. Within 7 days of receipt of your order, DAQ will at its discretion accept or reject your offer to purchase. You may not cancel and order once it has been submitted even if DAQ's acceptance or rejection of your offer is still pending. DAQ are not required to give reasons for rejecting your offer to purchase. If DAQ rejects your offer to purchase for any reason neither DAQ or you will be under any further liability to the other arising out of your original offer or DAQ's non acceptance of that offer. If DAQ have not responded to you within 7 days your offer will deemed to be rejected. DAQ gives no undertaking as to the availability of the products advertised on this Site. Delivery of goods to you will be effected in the manner described on this Site. Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch. Payment must be effected in the manner described on this Site. Prices are (inclusive / exclusive) of goods and services tax. In all other respects the price is exclusive of taxes, duties and charges and postal levies levied in Australia or overseas in connection with the supply of goods. The goods are offered for sale only to persons who can make legally binding contracts.
You acknowledge that despite DAQ's reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances DAQ reserves the right to cancel the transaction notwithstanding that your order has been confirmed and your credit card has been charged. DAQ reserves this right until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, DAQ will immediately issue a credit to your credit card for the amount in question.
DAQ uses Secure Sockets Layer (SSL) software, which is the industry standard for secure online commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. For more information please refer to the Privacy Statement
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you. DAQ makes no warranty that the goods acquired from us over this Site will meet your requirements. DAQ do not warrant that the details on this Site concerning the goods and services provided by DAQ will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction you may not order any goods or services from this Site. DAQ will preserve the content of any email you send to DAQ if DAQ believe that they have a legal requirement to do so. Your email message content may be monitored by DAQ for trouble shooting or maintenance purposes or if any form of email abuse is suspected.
DAQ makes every effort to deliver to any address in Australia within 5 working days (or 10-14 days in remote areas), however, DAQ disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, costs or inconvenience you might incur as a result of an order not being filled within this timeframe.
Diabetes Australia – Queensland will endeavour to advise our customers within five working days if goods are not available or delayed in delivery due to stock availability
Diabetes Australia – Queensland does not accept orders outside of Australia.
The site contains facilities enabling on-line transactions such as event and membership registration, donations and product and literature orders which are available to users (including individuals referred to as members and visitors).
You may need to become a member in order to be able to access the information offered on this Site. To become a member, you must complete your registration details in the manner described on the Site.
We reserve the right to terminate your membership at any time if you breach these Terms and Conditions.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
Upon registration, you will be provided with a password and account designation. You agree to pay for our Services in the manner specified on the Site.
You warrant that all information provided by you in your membership registration or otherwise in connection with your use of the Site is complete, current, accurate and is not misleading, and that you will not misrepresent your identity. You agree that DAQ may rely on that information unless and until it receives notice from you of any change or update to the information provided by you. Any such varied information will be covered by this warranty.
You will choose a member password as part of completing the member registration process. Your member password is your key to accessing the members-only web services of the Site. You must maintain the confidentiality of your password and you are fully responsible for all activities that occur through use of your password.
You must:
(a) exit the members only section of the Site as soon as you have finished your session by clicking the "Logout" option in the “Member Information” panel on the left-hand menu of every page; and
(b) immediately notify DAQ of any suspected unauthorised use of your password.
You can change your password whenever you wish by using the "Change my Profile" option in the “Member Information” panel located on the left hand panel of every page.
To the extent permitted by law, all implied terms (including conditions and warranties) are excluded. Diabetes Australia – Queensland’s liability (including liability in negligence) for all expenses, losses, damages and costs you might incur in any way arising out of any breach or implied condition or warranty or otherwise in connection with your use of the Site will be limited, so far as permitted by law, to DAQ at its own option either supplying the relevant part of the Site again or paying the cost of having the part of the Site supplied again.
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired and
(b) if the breach relates to Services:
(i) the supply of the Services again; or
(ii) the payment of the cost of having the Services supplied again.
This disclaimer set out on these Terms of Use does not attempt or purport to exclude liability arising under statute if and to the extent such liability can not be lawfully excluded.
You hereby agree to indemnify, defend and hold DAQ , its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax including GST, liability and/or expense that may be incurred by DAQ, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these terms and conditions (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any Claim by any parties as a result or arising out of the use of this Site by you.
Use of the DAQ site and these Terms and Conditions are governed by the laws of the State of Queensland, Australia. Any claim relating to use of the Site shall be heard by Queensland Courts. If you choose to access this Site from a location outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.
DAQ may revise these Terms and Conditions at any time by updating this page. You should visit this page from time to time and review the then current Terms and Conditions because they are binding on you. DAQ may modify or discontinue any information or features that form part of the Site at any time, with or without notice to you, and without liability. Your continued use of this Site constitutes an affirmative:
(a) Acknowledgement by you of these Terms and any modifications; and
(b) Agreement by you to abide and be bound by these Terms, including any modifications.
DAQ may in its sole discretion terminate these Terms and Conditions and/or your membership and use of the Site (or any part) at any time with or without notice and for any reason including circumstances where the organisation suspects that you have provided false or misleading registration information, interfered with other users or the administration of this Site, or violated these Terms and Conditions. You have the right to cancel your membership at any time by contacting Diabetes Australia – Queensland. The provisions of clauses 1, 3-4 and 7-11 survive any termination of these Terms and Conditions or your membership.
Notices to you may be made via either e-mail or post to the address(es) contained in your membership registration or as otherwise updated by you. You agree that where DAQ sends you an e-mail in connection with this Site, the message is deemed received by you when the organisation sends the message addressed to an e-mail address nominated in your membership registration or as otherwise updated by you using this Site.
If any of these Terms and Conditions is determined to be unlawful, void or for any reason unenforceable, then that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of the remaining provisions. If there is any inconsistency between these Terms and Conditions and any other documentation included in the Site, these Terms and Conditions prevail.
These Terms and Conditions, as they may be varied from time to time, constitute the entire agreement between DAQ and you with respect to your membership and use of the Site. In these Terms and Conditions, a reference to DAQ includes their employees, officers, agents and contractors from time to time.
You can return to the main site by clicking on the "Accept" button. By doing so you agree to accept all the terms and conditions set out in this Terms of Use.