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Terms and Conditions

Last updated: 3 March 2021

Acceptance of website Terms and Conditions of Use

By using this website you agree to abide by these Terms & Conditions.  The Heart Foundation may, without notice, amend or modify its Terms & Conditions by posting the amended Terms & Conditions to this website.

If any of these Terms & Conditions are found to be invalid or unenforceable, the invalidity or unenforceability of a particular Term or Condition will not affect the remainder of the Terms & Conditions, which will continue in full force and effect.

Ownership

This website is owned and operated by the National Heart Foundation of Australia ABN 98 008 419 761, Level 2, 850 Collins St, Docklands VIC 3008 (‘Heart Foundation’, ‘we’, ‘us’ and ‘our’).

Intended audience

All information provided on this website has been prepared in accordance with Australian law, and is intended for use by residents of Australia.  Persons residing outside of Australia agree that they use this website at their own risk and should take into consideration the legislative requirements of their country of residence when accessing this website.  Should you choose to use tools, calculators or materials made available from time to time or make a donation to us, you should confirm that doing so will not constitute a contravention of the laws of your country of residence. The Heart Foundation’s online shop is only able to fulfil orders for delivery to Australian addresses.

Restrictions on Use 

All information provided on this website has been published for personal, non-commercial use, unless otherwise specified.  The content published on the website does not constitute medical advice, it is general information only. The general information provided should not, under any circumstances, be relied upon in lieu of professional medical advice.

Please consult your health care provider if you have, or suspect you have, a health problem.

The information on this website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.  Where the health information provided has been developed by the Heart Foundation, whether in its own right or in conjunction with any third party, that information is based on independent research and the available scientific evidence at the time of writing.  Inclusion of information on this website or links to third party sites is not an endorsement of any organisation, product or service.

Intellectual Property 

All Heart Foundation logos and program names are used under licence by the Heart Foundation, or are owned by the Heart Foundation, unless otherwise stated.

All content on this website including logos, brand names, text, photographs, information, statistics, images, recipes and other material is protected by copyright, trademark and applicable intellectual property laws in Australia.

The Heart Foundation’s logos must not be reproduced or used in any way unless the Heart Foundation provides its prior approval in writing. Permission to use Heart Foundation logos must be sought in writing by contacting copyright@heartfoundation.org.au.

Except as provided for below, content on this website is licensed by the Heart Foundation under a Creative Commons Attribution – Non commercial – No Derivative Works (CC BY-NC-ND) 4.0 licence. To view a copy of this licence, visit: http://creativecommons.org.au/. You are free to copy and communicate our website content (however in no way commercialise the material), in accordance with the rules of attribution set out at https://creativecommons.org.au/learn/howto/.

Third party material that is not licenced under a Creative Commons licence may be referenced within this website. All content not licensed under a Creative Commons licence is all rights reserved. Please contact the relevant third-party copyright owner if you wish to use this material.



The Heart Foundation does not claim ownership of any third-party photographs, images or material displayed on this site unless otherwise stated and does not knowingly intend to violate the copyright or intellectual property rights of any third-party entity. If you believe that our site contains copyrighted work that in any way constitutes a copyright infringement or breach of an agreed licence or contract, please notify us by contacting copyright@heartfoundation.org.au.

Indemnity, Disclaimer & Limitation of Liability 

Whilst due care and skill has been taken in the preparation of the content contained on the Heart Foundation’s  website, the Heart Foundation, its employees, related parties, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators,  make no representations regarding the accuracy, currency, completeness or reliability of the information provided and do not accept any liability, including loss or damage, resulting from the reliance on any of the content contained on the website, except to the extent that liability cannot be excluded under the law. 

This website, and the content contained within, is provided on an as-is basis, and to the fullest extent permitted by law, the Heart Foundation disclaims all warranties.  In addition, we do not warrant that this website is error free or that the website and/or the servers it is hosted on are free of viruses, Trojans or other malicious software. The Heart Foundation notes that, whilst due care and skill has been taken in publishing the information contained on the website, there may be errors, omissions and typographical errors contained in the material provided.

You agree to indemnify the Heart Foundation, including its employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage which it may suffer as a result of your use of this website.

You acknowledge that any use of Heart Foundation materials or information by another person or organisation is done so at the user's own risk.

Heart Foundation Programs & Merchandising 

The Heart Foundation runs various programs, events and functions that are promoted through the website.  Should you choose to participate in or attend any of these programs or events, you do so at your own risk.  Should the program or event you choose to participate in involve physical exertion or exercise, we recommend you consult your health care provider prior to commencement to determine the suitability of our program/event to your level of fitness.

Heart Foundation programs and events may have their own specific terms and conditions, which are separate and in addition to these website Terms & Conditions.  Where an inconsistency exists between the program/event Terms & Conditions and these website Terms & Conditions, the program/event Terms & Conditions will prevail.

The Heart Foundation may from time to time make available for purchase on its websites certain merchandise (including but not limited to booklets & brochures, cookbooks, apparel, umbrellas, DVDs/Videos, pedometers, skipping ropes and personal accessories).

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) a number of Consumer Guarantees may attach to goods purchased through the Heart Foundation’s websites from 1 January 2011 onwards.  Should you have any queries or concerns regarding goods purchased through our website please contact our Customer Service Officer on 13 11 12 or email orders@heartfoundation.org.au.

Unless otherwise provided for, we expressly limit our liability for any breach of a consumer guarantee to the provision of a full refund of the purchase price, or the repair or replacement of the goods or supply of equivalent goods, at our sole discretion.

All prices listed on this website include GST, where applicable.

Hyperlinks, Advertising, Sponsors & Third-Party Content

This website may contain content owned by third parties (Third-Party Content).  This content may include but is not limited to hyperlinks to external (third-party) websites, paid advertisements and mention of program sponsors.  This should not be taken as the Heart Foundation’s endorsement, recommendation or approval of the third party, advertiser or sponsor or their products or services.  The Heart Foundation accepts no responsibility for the accuracy, currency, suitability or otherwise of any Third-Party Content.  Any use or reliance on such content is at your own risk and the Heart Foundation does not accept liability for any loss, damage, costs or expenses arising as a result of the use or reliance of any Third-Party Content.

Where hyperlinks to third party websites are provided, the Heart Foundation makes no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor does it warrant that the third party website is free of viruses, trojans or other malicious software.

Should you have any queries, concerns or complaints regarding any Third-Party Content, please refer your query, concern or complaint to the third party.

Should you wish to provide a link to the Heart Foundation’s website through another site, you may do so provided you adhere to the following terms and conditions:

Permission is granted to link the Heart Foundation’s website through another site, subject to the following terms and conditions:
  1. No responsibility or liability lies with the Heart Foundation (or any employee, agent or servant) for any errors or omissions resulting from use of this website;
  2. Under no circumstances should your site use the link to the Heart Foundation website to provide specific product or service endorsement or promotion;
  3. The link shall not be placed to imply product or service endorsement or be associated with commercial interests;
  4. The function of the Heart Foundation’s website includes promotion of heart health to Australians, therefore any links to the Heart Foundation’s website shall not directly or indirectly link to any promotion or messaging related to cigarettes, drugs, alcohol or fast food;
  5. While allowing you to link to our site, we do not allow content reproduction, distribution or storage of our content on any electronic retrieval system, including a website or social media platform that is outside the scope of the Creative Commons licence detailed at Intellectual Property above. This is designed to ensure that users access the most up-to-date version of the materials on our website and so that we can track and monitor use of our materials. It also ensures that users are aware of any content updates or supporting materials. If you are a commercial entity, we consider any use of our content by you to be commercial in nature and therefore outside the scope of the Creative Commons Licence. Please contact copyright@heartfoundation.org.au if you feel your use would be within the scope of the Creative Commons Licence for consideration by Us;
  6. If you have chosen to link to a specific URL on your website, please note that you are responsible for ensuring the link is current and accurate. The URLs may change and we encourage you to regularly review and update any links that you host on your site.
  7. When applicable, the following wording is to be used to describe the website:
“The Heart Foundation is a health promotion charity dedicated to fighting the single biggest killer of Australians – heart disease, which takes 51 lives every day.
For 60 years the Heart Foundation has led the battle to save lives and improve the heart health of all Australians. Its sights are set on a world where people don’t suffer or die prematurely because of heart disease.
Your donation will help the Heart Foundation continue the fight against heart disease, stroke and vascular diseases. To donate, please visit www.heartfoundation.org.au or call 13 11 12.”
  1. The Heart Foundation reserves the right to withdraw permission to link to the Heart Foundation website at any time, for any reason, and if permission is revoked, the link must be removed immediately.
  2. Content from the website can only be copied in accordance with the Creative Commons licence detailed at Intellectual Property above, or if outside the scope of the Creative Commons licence, with prior written consent from the Heart Foundation.


Privacy Notice

The Heart Foundation respects and upholds all individual’s rights to privacy.  For further information regarding how we deal with your Personal Information, please see our Privacy Notice at www.heartfoundation.org.au.

Security of Information 

The Heart Foundation’s Privacy Notice details how your visits to our website are dealt with, and can be viewed at www.heartfoundation.org.au.

Contact Details 

Should you have any queries or concerns regarding the Heart Foundation’s website Terms & Conditions please contact the Heart Foundation by emailing:
contactus@heartfoundation.org.au

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