- the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person or organisation accessing and using the Website;
- the expression ‘we’, ‘us’, ‘our’ and “the State” means the State of Queensland acting through Queensland Health;
- the expression “the Quit HQ website” and “the Website” means the Quit HQ website, quithq.initiatives.qld.gov.au including registering to access a personalised My quit journey dashboard, and subscribing to receive emails from us
2. Use of the Website and data
(a) 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 the My quit journey dashboard and to subscribe to email notifications. You may not use the Website for any other purpose.
2.2 Limitations of Use
(i) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever;
(iii) not use the Website in any way that could damage, disable, overburden, impair or compromise the Website; and
(iv) comply with any applicable law and regulation relating to downloading content or applications used or supported by the Website.
2.3 Subscription to Quit HQ emails
(a) As part of the optional subscriber services on the Website via the My quit journey dashboard, you can choose to receive emails which may include notifications of changes to the website, quitting tips and links to tools and resources (“Emails”). If you choose to receive Emails then the Website will generate Emails and send them to your nominated email address and you acknowledge and consent to receipt of these Emails.
(b) You may choose to stop receiving Emails at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of each Email.
(c) We will not be responsible or liable for any costs or damages incurred by you not receiving Emails or by the insufficient operation of your internet service provider or email account.
2.4 Research participation
(a) As part of the optional subscriber services on the Website via the My quit journey dashboard, you can choose to participate in research and evaluation studies. If you choose to receive Emails and/or to participate in research and evaluation studies, you will be asked to nominate your contact details (Nominated Personal Information, including email address and phone number), then the Website will generate Emails with information on upcoming opportunities and send them to you using your Nominated Personal Information. Queensland Health may also provide your Nominated Personal Information to Colmar Brunton, a third party research agency, for the purposes of contacting you by email or phone about Queensland Health research in the future. Colmar Brunton complies with the Information Privacy Act 2009 (Qld) as if it were Queensland Health and will retain your Nominated Personal Information for a period of 12 months.
You acknowledge and consent to the provision of your Nominated Personal Information to Colmar Brunton and to receipt of these Phone calls and/or Emails.
(b) You may choose to stop receiving communications at any time. By clicking the ‘Unsubscribe’ link that appears at the bottom of these Emails and/or requesting to be taken off the Quit HQ database in an event of a Phone call.
(c) We will not be responsible or liable for any costs or damages incurred by you not receiving Phone calls and/or Emails for any reason, including the insufficient operation of your internet service provider or email account.
2.6 Intellectual Property
The State is the owner of the Website. All intellectual property in the information and material published on the Website is owned by, or licensed to, the State. You obtain no interest in the intellectual property. All content in the Website, 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.
You acknowledge that information about you, including information provided to us on signing up to the Website as a subscriber will be held by the State. This information is collected by us for the purpose of operating the Website and providing you with information and material to support you to quit smoking. In addition, the State may use your personal information in accordance with our Privacy statement located at Privacy. 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 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 or its 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, or any other aspect of:
(a) any material and/or information in the Website;
(b) the performance and availability of the Website;
(c) 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 excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
(a) the use of, reliance on, or action taken as a result of, any information or material in the Website for any decision or otherwise;
(b) accessing, displaying and using the Website and/or participating in any on-line activities contained therein;
(c) any interruption, suspension or termination of the Website in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;
(d) the unavailability, unsuitability and non-connectivity of third party sites;
(e) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Website and or viruses or other technologically harmful material that may infect your computer or mobile device due to your use of the Website.
3.3 Your risk
You access the Website at your own risk and the State accepts no responsibility for any interference, loss, damage or disruption to your own computer or mobile device or otherwise which arises in connection with your use of the Website. You must take your own precautions to ensure that the process which you employ to obtain access to the Website 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 you or any person loss, damage or corruption.
3.4 Release from claims, etc
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 including but not limited to downloading any information and materials in or from the Website.
You release and indemnify the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:
(a) any loss or damage or liability for any loss or damage incurred by you; and
(b) any loss, liability, claim, demand, damage or expense (including legal fees) 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 any linked website, including by making or carrying out any commitments;
ii. your use of or reliance on information contained in or accessed through the Website; or
3.5 Software viruses, etc
Without limiting the above, the State does not warrant that the Website, information and 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 possible, any liability for any loss suffered as a result of any such viruses or defects.
3.6 Downloadable material
We make downloadable documents, software and other materials available under the following conditions:
(a) Downloadable material within the Website is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile or computer device and software systems and those of any other person.
(b) 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.
(c) 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
We make no guarantees that by using the Website you will stop smoking or reduce your level of smoking. Information provided by the Website 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 diet, eating or physical exercise 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.
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 contains links to websites and mobile applications owned and operated by third parties, who are not under the control of the State and/or Queensland Government.
The State does not approve, endorse, recommend or sponsor these linked sites, 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.
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.
5.1 Governing law
5.3 Entire agreement
This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the Website.
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.
5.5 Invalid or unenforceable provisions
(a) it is to be read down or severed to the extent of the invalidity or unenforceability; and
(b) that fact does not affect the validity or enforceability of the remaining provisions.
5.6 No waiver
5.7 Contact Details