Website terms of access and use

  1. Acceptance of Terms

By accessing and/or using the “If you smoke your future’s not pretty“ website (“Website”) you agree that your access and use will be strictly in accordance with, and governed by, these Terms in their unaltered form which are legally binding on you.

If you do not accept these Terms you must exit the Website immediately without further action. Access to, and/or use of, the Website, or access to any of the information, data, or material on the Website constitutes your acceptance of these Terms.

If you are under 18 years of age, you may only access and/or use the Website with the authorisation of your parent or guardian who, by authorising your access and/or use of the Website:

a. agrees to take responsibility for, and be liable for, your access to, and/or use of, the Website; and
b. agrees to take responsibility for, and be liable for, all obligations imposed on you under these Terms; and
c. warrants that you are entitled to provide all of the rights and consents that you, as the user of the Website, is required to provide under these Terms where you provide them and that they are so entitled where they provide them on your behalf.

  1. 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://ifyousmoke.initiatives.qld.gov.au/terms

In these Terms:

a. “Content” means information, data or materials submitted by users of the Website for use by, on, or in connection with, the Website;
b. “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:

(i)            transmits 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

(ii)          transmits 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;

c. “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;
d. “Photo Booth” means the Future You Smoking Booth facility available on the Website for use by users of the Website described further in clauses 5.5 to 5.12;
e. “Purpose” means promoting and encouraging quit smoking activity;
f. “Quit Tracker” means the Quit Tracker facility available on the Website for use by users of the Website who have obtained a User Account described further in clauses
g. “State” means the State of Queensland (acting through Queensland Health);
h. “User Account” means the means granted by the State to a user of the Website, which may be granted to you subsequent to submission by you of Personal Information requested by the State and agreement by you to further terms and conditions, to access functionality of the Website which is not accessible by users of the Website who have not been granted an account; and
i. “Website” means the “If you smoke your future’s not pretty“ website located at http://ifyousmoke.initiatives.qld.gov.au/

Headings are for convenience only, and do not affect the interpretation of these Terms.

  1. Agreement

3.1.        The Website is owned and operated by the State.

3.2.        You are not granted any rights in, or to, the Website other than the limited right to access and/or use the Website according to these Terms as varied from time to time.

3.3.        This agreement constitutes the entire agreement between you and the State in respect of your access to, and/or use of, the Website.

  1. Terms

4.1.        The following documents accessible on the website form part of these Terms:

4.1.1.    the Privacy Statement and Collection Notice;

4.1.2.    the Copyright statement; and

4.1.3.    the Disclaimer statement.

  1. Use of the Website

User Account

5.1.        You will be required to create a User Account as a condition of you using, submitting Content to, and receiving feedback from the Quit Tracker facility on the Website because the Quit Tracker facility is personalised to each user.

Use of the Website

5.2.        You agree that you will not use the Website for a commercial purpose or in any way inconsistent with these Terms or for any unlawful purpose or for any purpose that is inconsistent with the Purpose.

Suspension or termination of User Account or access

5.3.        In addition to any other remedies the State may have at law, you agree that the State may, without prior notice, suspend, for any period in the State’s absolute discretion, or terminate your User Account or your access to, or use of, the Website immediately or at any time, in its absolute discretion, without providing reasons, if the State considers, in its absolute discretion, that you have breached these Terms, are likely to breach these Terms or otherwise pose a threat to users, 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 (including its related entities, directors, officers, employees, contractors, agents or representatives, whether in the course of their employment or otherwise), where the nature of a “threat” is determined in the absolute discretion of the State.

Cessation of Website

5.4.        The State reserves the right to cease operating the Website and to terminate this agreement at any time without notice.

Photo Booth

5.5.        The purpose of the Photo Booth is to highlight the damaging effects smoking may cause to a Website user’s face.

5.6.        The Photo Booth provides a facility for a user of the Website to upload an image, intended to be of the user’s face, and then have the uploaded image manipulated by way of an automated software tool.

5.7.        The Photo Booth user agrees to have the photo uploaded by the user manipulated in the manner set out in clauses 5.8 and 5.9.

5.8.        The Photo Booth manipulates the uploaded image to represent predictions of what the face in the image may potentially look like in the future at 10 and 20 year increments and then further manipulating each representation to predict what the face may potentially look like at those increments if the person to whom the face belongs smokes throughout the period to the respective increment points.

5.9.        The Photo Booth manipulates images by applying an algorithm which is reasonably based on scientific evidence current at the time of publication of the version of the Photo Booth appearing on the Website in combination with a reasonable degree of artistic interpretation and licence.

5.10.     In addition to clause 6, the Photo Booth 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.

5.11.     In addition to clauses 9 and 11, the State makes no representations or warranties whatsoever as to the accuracy of the manipulated images and disclaims all responsibility and liability in relation to:

5.11.1.     manipulated images;

5.11.2.     the Photo Booth user’s reactions, responses and decisions in connection with manipulated images;

5.11.3.     the reactions, responses and decisions of persons other than Photo Booth users in connection with manipulated images.

5.12.     A Photo Booth user can choose to share the manipulated images on their social media accounts through Integrated Third Party Applications available on the Website in accordance with the user’s preferences for sharing selected by the user through the Integrated Third Party Application and the user’s social media account.

5.13.     In addition to clauses 9 and 11, the State disclaims all responsibility and liability in relation to the sharing of manipulated images in accordance with a Photo Booth user’s sharing preferences through Integrated Third Party Applications and/or the user’s social media account.

Quit Tracker

5.14.     The purpose of the Quit Tracker is to assist Website users to track their progress as they make efforts to quit smoking.

5.15.     Quit Tracker uses information input into the Quit Tracker by the Quit Tracker user about the user’s smoking behaviours to calculate the number of cigarettes not smoked by the user, the money saved by the user, and the longest period the user has not smoked in connection with the period during which the user has used the Quit Tracker.

5.16.     Quit Tracker requires the Quit Tracker user to obtain a User Account.

5.17.     In addition to clause 6, the Photo Booth is not intended to provide or substitute medical advice or assistance from a health professional.

5.18.     In addition to clauses 9 and 11, the State makes no representations or warranties whatsoever as to the accuracy of the information generated by the Quit Tracker and disclaims all responsibility and liability in relation to:

5.18.1.     the information generated by the Quit Tracker;

5.18.2.     the Quit Tracker user’s decisions in connection with information generated by the Quit Tracker;

5.19.     A Quit Tracker user can choose to share information generated by the Quit Tracker on social media through the user’s social media accounts through Integrated Third Party Applications available on the Website in accordance with the user’s preferences for sharing selected by the user through the Integrated Third Party Application and the user’s social media account.

5.20.     In addition to clauses 9 and 11, the State disclaims all responsibility and liability in relation to the sharing of information generated by the Quit Tracker in accordance with a Quit Tracker user’s sharing preferences through Integrated Third Party Applications and/or the user’s social media account.

  1. Health and medical

6.1.        The State makes no guarantees or representations that your access to, or use of, the Website will assist you in relation to the Purpose.

6.2.        Information, data or material available on or through 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.

6.3.        The State strongly recommends that you seek advice from a qualified health care professional before you make changes that may affect your health.

6.4.        You agree that you are solely responsible for the information you enter into the Website, for your decision to obtain treatment from a healthcare professional for you, any member of your family or any other person and for weighing the benefits and risks of any treatment.

  1. Privacy

7.1.        You acknowledge and agree that information about you, including Personal Information provided by you as a consequence of you obtaining access to, or using, the Website, obtaining a User Account, 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 of operating the Website for the Purpose, supporting its functionality (including the functionality of any Integrated Third Party Application) and providing you with information, data and/or material consistent with the Purpose.

7.2.        The State may deal with your Personal Information in accordance with our Privacy Policy located at http://ifyousmoke.initiatives.qld.gov.au/privacy .

7.3.        The State collects, uses, discloses, manages and otherwise deals with your Personal Information in accordance with the Information Privacy Act 2009 (Qld).

7.4.        The State may be required to disclose your Personal Information by applicable law, under compulsion of law by a court or government agency.

7.5.        For information on how to gain access to your Personal Information and for contact details regarding privacy matters in connection with the Website or the State, refer to our link to the Privacy Policy above.

  1. Intellectual property rights

8.1.        You agree that you will not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website, any Content, information, data or material available on or through it or any Integrated Third Party Application in any way whatsoever.

8.2.        You agree that you do not obtain any intellectual property rights in, or to, the Website 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 applications whenever created.

  1. Content

Submission of Content

9.1.        You warrant and agree that:

9.1.1.    you will not submit to the Website and/or any Integrated Third Party Application any Content that:

  1. is the subject of ongoing legal investigation or ongoing legal proceedings;
  2. is, or includes, any language, information or other material that is unlawful, fraudulent, inaccurate, false, misleading or deceptive, abusive, harassing, threatening or otherwise violates the legal rights of others including the intellectual property rights of others;
  3. could reasonably be considered to be:

(i)           in breach of any intellectual property rights, privacy, publicity or other rights, or obligation of confidentiality or privacy;

(ii)          defamatory, libellous, indecent, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, insulting, harassing, threatening, provocative, hateful (whether towards a certain group of people or otherwise), or discriminatory;

(iii)         capable of inciting hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;

(iv)         objectionable with respect to race, religion, origin or gender;

(v)          not suitable for individuals aged under 15; or

(vi)         otherwise inappropriate or unsuitable for publication;

(vii)       not consistent with the Purpose;

  1. contains:

(i)           any commercial advertising material or links to any commercial advertising material;

(ii)          any links to internet addresses for commercial or private websites, or any email addresses; or

  1. includes any Personal Information (including names or email addresses (other than your own), private addresses or phone numbers (including your own)) of any person or group of people;
  2. contains, or contains the means for transmission of, electronic viruses, malicious code or spam that may cause damage, loss, injury or harm to any person, entity, machine, hardware, firmware or software;

9.1.2.    in submitting Content or any information or data whatsoever, including your name and email address, you will not:

  1. impersonate any other person or falsely claim to represent any other person, entity or organisation, whether living or dead, real or fictitious or create an account for, or on behalf of, anyone other than yourself without the person’s, entity’s or organisation’s express permission; or
  2. abuse, stalk, harass, threaten or otherwise violate the legal rights of any other person, entity or organisation;
  3. send multiple copies or versions of Content to the Website other than where reasonable in the course of normal use of the Website;

9.1.3.    without limiting the generality of the above, you will comply with all applicable laws and regulations, including without limitation, those governing copyright, intellectual property rights, content, defamation, privacy, publicity and the access and/or use of the computer or telecommunications systems of persons other than yourself and will comply with the terms relevant to your use of any Integrated Third Party Application.

Responsibility and liability for your Content

9.2.        You agree that:

9.2.1.    you are responsible and liable for all Content you submit to the Website and/or any Integrated Third Party Application (even if moderated or edited by the State) and for all consequences of posting, uploading or sharing it, including its transmission by any means and by any person to any other website or information repository for any purpose whatsoever.

9.2.2.    to the full extent permitted by law, the State is not responsible or liable for any Content submitted by you to the Website and/or any Integrated Third Party Application (even if moderated or edited by the State) and/or for any and all consequences of posting, uploading or sharing it, including its transmission by any means and by any person to any other website or information repository for any purpose whatsoever.

Access to Content of other Website users

9.3.        You may access publically available Content submitted by other users on the Website solely:

9.3.1.    for non-commercial personal purposes consistent with the Purpose;

9.3.2.    as intended through the normal functionality of the Website;

9.3.3.    in a manner consistent with these Terms; and

9.3.4.    not in a manner inconsistent with the Terms or for any unlawful purpose or for any purpose that is inconsistent with the Purpose.

No obligation to monitor or publish Content

9.4.        While the State reserves the right to monitor and moderate transmissions to the Website and moderate Content in its absolute discretion, it is under no obligation to do so (apart from any obligation which may be imposed by operation of law and which is not able to be excluded).

9.5.        The State reserves the right, at any time, for any or no reason, in its absolute discretion to edit, to refuse to publish, or to remove any Content or other information, data or material.

No endorsement

9.6.        Any Content placed on the Website is not to be taken as implying an endorsement or approval by the State of that Content or the activities of any person, organisation or entity.

Downloadable material

9.7.        The State makes, or may make, documents, software, data, information and other materials available for download from the Website and does so under the following conditions:

9.7.1.    Downloadable material is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect the computer system and network from which you access the Website and the software, firmware and hardware systems and those of any other person on or connected to them.

9.7.2.    You agree that the State is not liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from your downloading, access to, or use of, the downloaded material.

9.7.3.    If you provide the downloaded material to another party you should bring to the other party’s attention these Terms.

  1. Security

Security warranties and obligations

10.1.     You warrant and agree that in using the Website, you will not:

10.1.1.     attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;

10.1.2.     tamper with any other person’s access to the Website;

10.1.3.     access, or attempt to access, without the express authorisation of the State any part of the Website or its connected software, firmware or hardware, including computers, files, networks and equipment, that is not intended by the State to be publically available;

10.1.4.     attempt to bypass any network firewall segregating software, firmware or hardware connected to the Website from the Website;

10.1.5.     devise ways to circumvent security measures implemented by the State in order to access, or attempt to access, without the express authorisation of the State any part of the Website or its connected software, firmware or hardware, including computers, files, networks and equipment, that is not intended by the State to be publically available, including, but not limited to, scanning networks with the intent to breach and/or evaluate security;

10.1.6.     use any part of the Website, Content or other information or data in relation to the Website for any purpose other than your permitted interaction with the Website in accordance with the Purpose without the express authorisation of the State;

10.1.7.     misuse, or attempt to misuse, the Website, including, but not limited to, social engineering, denial-of-service attacks, reckless, negligent, harmful and/or malicious destruction of Content, information and/or data, intentional invasion of any person’s privacy or injection of, or provision of the means to inject, electronic viruses, malicious code or spam that may cause damage, loss, injury or harm to any person, entity, machine, hardware, firmware or software;

10.1.8.     data mine or conduct automated searches of the Website;

10.1.9.     frame or mirror the Website; and

10.1.10.  include links to the Website (other than to the home page) from any other website except where the Website indicates that it is acceptable to do so or where an Integrated Third Party Application has been made available on the Website.

Software viruses, etc

10.2.     Without limiting the above, the State does not warrant that the Website, or the server on which the Website is hosted, is free of electronic viruses, malicious code, spam or other defects.

10.3.     The State excludes to the maximum extent possible, any liability for any loss suffered as a result of any such electronic viruses, malicious code, spam or other defects.

No confirmation of identities or control over access

10.4.     You acknowledge that the State cannot confirm the identity of persons accessing, using or contributing to the Website and cannot prevent accessors, users or contributors acting under false pretences.

  1. Exclusion of warranties, liability, etc

Your risk

11.1.     You acknowledge and agree that access to, and use of, the Website is at your own risk and the State accepts no responsibility for any interference, loss, damage or disruption to the computer system and/or network you use to access or use the Website, any Content, information, data or other material on that system and/or network or otherwise which arises in connection with your access to, or use of, the Website.

11.2.     You must take your own precautions to ensure that the process which you employ to access or use the Website does not expose the computer system and/or network you use to access or use the Website to the risk of electronic viruses, malicious code, spam or other forms of interference which may cause interference, loss, damage or disruption of any kind.

Exclusion of warranties

11.3.     The Website is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis and without warranties of any kind, express or implied, except to the extent that warranties are implied by statute and are incapable of exclusion.

11.4.     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:

11.4.1.     the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, availability, connectivity, performance, fitness for purpose or any other aspect of:

  1. the Website;
  2. any material, information, data and/or Content on the Website;
  3. any Integrated Third Party Application, its associated websites, information repositories or applications;
  4. any material, information, data and/or Content on any Integrated Third Party Application, its associated websites, information repositories or applications,

11.4.2.     loss, damage, corruption or degradation of any Content, information, data or other material of any person or organisation as a result of access to, or use of, the Website and/or any Integrated Third Party Application, its associated websites, information repositories or applications.

11.5.     You must make your own inquiries and seek independent advice before acting or relying on any Content, information, data or other material submitted to, or which appears on, the Website.

Exclusion of liability

11.6.     The State does not accept any responsibility and/or liability for the qualities and items set out at clauses 11.4.1 and 11.4.2 and, to the maximum extent permitted by law, the State excludes all 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, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

11.6.1.     a problem or failure of the qualities and items set out at clauses 11.4.1 and 11.4.2;

11.6.2.     accessing and using the Website and/or participating in any on-line activities related thereto;

11.6.3.     access to, use of, reliance on, or action taken as a result of, any Content, information, data and/or material on the Website 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;

11.6.4.     any interruption to, or suspension or termination of, the Website or your access to it in whole or in part (including but not limited to Content) for whatever reason; or

11.6.5.     any decision to remove or amend Content ;

11.6.6.     unavailability, unsuitability and connectivity problems and/or failures of any Integrated Third Party Application, its associated websites, information repositories or applications;

11.6.7.     loss, damage, corruption or degradation of any Content, information, data or material of any person or organisation as a result of the use of the Website, any Integrated Third Party Application, its associated websites, information repositories or applications.

Exclusion of liability – scope

11.7.     The State’s exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the State has been notified of the possibility of such loss or damage.

Non-excludable liability (if any)

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

Release from claims and indemnity

11.9.     You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related entities, 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 materials in or from the Website, or submitting or accessing any Content, information, data and/or material.

11.10.  You release and indemnify the State, its related entities, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against any loss, liability, claim, demand, damage or expense (including legal fees):

11.10.1.  incurred by you;

11.10.2.  incurred by the State;

11.10.3.  made by any third party against those indemnified;

howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:

11.10.4.  your use of the Website or any linked website, including by making or carrying out any commitments;

11.10.5.  your use of or reliance on the Content ,information, data and/or material contained in, or accessed through, the Website, including through any Integrated Third Party Application;

11.10.6.  breach by you of the Terms; and/or

11.10.7.  the use by any other person of your Content or any other information, data or material concerning you on the Website, including through any Integrated Third Party Application, its associated websites, information repositories or applications.

Your contribution to loss

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

  1. Third party websites

12.1.     The Website contains links to other websites owned and/or operated by third parties who are not under the control of the State.

12.2.     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, unless specifically stated.

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

12.4.     The State, to the maximum extent possible, excludes liability for any loss or damage suffered by any person or organisation as a result of access to, or use of, these third party websites, or reliance on the information, products or services contained on these third party websites.

  1. Integrated Third Party Applications

13.1.     The Website may include Integrated Third Party Applications. 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 and that that Content, information, data and materials may be transferred to, and viewable on third party websites, information repositories and/or applications.

13.2.     When an Integrated Third Party Application is integrated with the Website, the State cannot disable that integration on a User by User basis.

13.3.     The State does not approve, endorse, recommend or sponsor these Integrated Third Party Applications, their owners or operators, or any information, data, graphics, materials, products or services referred to, contained in, or transferred from, those Integrated Third Party Applications or their associated websites or information repositories, unless specifically stated.

13.4.     The State is not responsible for the information, data or material comprising in, contained on, or transferred to, or from, these Integrated Third Party Applications or their associated websites, information repositories or applications or transferred to, or from, a Website user’s email address by any of the foregoing.

13.5.     The State cannot moderate, modify or remove from the Website any information, data or material that has been transferred to it by an Integrated Third Party Application.

13.6.     It is your responsibility to ensure that any information, data or material submitted by you that has been transferred to the Website by an Integrated Third Party Application complies with these Terms and, if so requested by the State, you agree to immediately modify or remove any information, data or material considered by the State, in its absolute discretion, to be non-compliant with these Terms in accordance with the directions of the State. Failure to do so will allow the State, in its absolute discretion, to delete from the Website the information, data or material considered to be non-compliant with these Terms.

13.7.     The State, to the maximum extent possible, excludes liability for any loss or damage caused, or reasonably suspected to be caused, by any Integrated Third Party Application, or reliance on the information, data or material contained in, transferred from, or accessible through, any Integrated Third Party Applications, their associated websites, information repositories and/or applications.

  1. Future changes

14.1.     The State may amend, delete, add to, or otherwise revise any information, data or materials contained on the Website at any time without notice, as well as these Terms and it is your responsibility to monitor any such changes, assess their affects and make a decision about your continued access to, or use of, the Website for yourself.

14.2.     All changes are effective from the date they are posted on the Website and your continued access to, or use of, the Website will constitute your acceptance of the variation to the Terms.

  1. Jurisdiction

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

  1. Invalid or unenforceable provisions

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

16.1.1.it is to be read down or severed to the extent of the invalidity or unenforceability; and

16.1.2.its reading down or severance does not affect the validity or enforceability of the remaining provisions.